16 March 2021

32/21 PLAN 1 MUNICIPAL PLANNER’S REPORT: PROPOSED INTERIM PLANNING SCHEME AMENDMENT 04/20 AND PLANNING APPLICATION PA2020448 - 3 LOT SUBDIVISION AT 75 RIDGE ROAD, LEGANA

1) Report Introduction

Council acts as a Planning Authority for the assessment of this application under the Land Use Planning and Approvals Act 1993 (the Act).

The purpose of this report is for Council to consider a proposal to amend the Interim Planning Scheme to make a text amendment to the Rural Living Zone to enable subdivision of 75 Ridge Road Legana into 3 lots plus road widening.

2) Statutory Requirements and timeframes

Note: Councillors are advised that under Schedule 6 - Savings and Transitional Provisions of the Land Use Planning and Approvals Act 1993 - the former Provisions (in effect prior 16 December 2015) remain in force until a Local Planning Schedule comes into effect for the municipal area and this application assessment and recommendation has therefore been made under those transitional provisions

The application was made pursuant to section 33 and 43(A) (1) of the Land Use Planning and Approvals Act 1993 (the Act).

In accordance with section 33(3) a Planning Authority must within 42 days of the receipt of a request, or such longer time as the Tasmanian Planning Commission (TPC) may allow, make a decision as to whether or not to initiate an amendment of the planning scheme.

Details of when the application was lodged, and when the TPC provided an extension of time are provided below:

Application receipt date: 12 November 2020 (fees paid 2 December 2020) Request for further information 4 December 2020 Further information received: 9 December 2020 Extension of time to make decision Given by the TPC on 18 December 2020 under s33(3) (extending to 23 February 2021) and on 5 February (extending to 20 March 2021) Decision due as to whether to 20 March 2021 initiate the amendment

3) The Application

Application details: 1. An amendment to the West Tamar Interim Planning Scheme 2013, proposing to:  Make a text amendment to the Rural Living Zone, clause 13.4.2 to insert the following text into Acceptable Solution A1.1 after subclause (f):

(g) Subdivision of folios of the Register 89041/1 in accordance with permit number PA2020448, effective .

 Subdivide 75 Ridge Road, Legana, (CT89041/1) into 3 lots plus road widening. Location: 75 Ridge Road, Legana, (CT89041/1) Applicant: DJ McCullough Surveying (obo owners G & D Cirkel) Planning Instrument: West Tamar Interim Planning Scheme 2013 (the Scheme)

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16 March 2021 Use: Residential Zone: Rural Living Zone Overlays: Bushfire prone area Priority habitat (no report submitted) Landslip Applicable Codes: Bushfire Prone Areas Code Landslip Code Road and Railway Assets Code Car Parking and Sustainable Transport Code Biodiversity Code (noting there is mapped priority habitat but no vegetation removal proposed) Water Quality Code

PART A - APPLICATION FOR PLANNING SCHEME AMENDMENT

4) Application Introduction

An application was lodged under section 33 (3) and Section 43A of the former Land Use Planning and Approvals Act 1993 (the Act), by DJ McCullough Surveying as permitted through the transitional provisions contained in Schedule 6 of the Act relating to the introduction of the Tasmanian Planning Scheme.

The applicant’s planning submission, Planning Report WTC_3120.1 is contained in Attachment 3. The applicants supporting report will be referred to as the ‘Planning Submission’.

The specialist reports which form part of the application documentation are also contained in Attachment 3, and will be referred to individually.

The West Tamar Interim Planning Scheme 2013 is generally referred to as ‘the scheme’.

5) Requirements of the Act

The legislation allows for an applicant to lodge a combined planning scheme amendment and development application under section 43A of The Land Use Planning and Approvals Act 1993

The relevant section of legislation which allows this process is included below:

43A. Application for a permit when amendment requested (1) A person who requests a planning authority to amend a planning scheme may also request the planning authority to consider, in accordance with this Division, an application for a permit which would not be allowed if the planning scheme were not amended as requested. (2) Where a planning authority has decided to initiate an amendment under section 33(3), it may consider the application for a permit referred to in subsection (1) concurrently with the preparation of the requested amendment to the planning scheme. (3) An application may be made for a permit under this section even if it could not be granted under the existing planning scheme.

The planning scheme amendment is considered and decided under section 33(3), which reads as follows: 33. Request for amendment of planning scheme (3) A planning authority must, within 42 days of the receipt of a request or such longer time as the Commission may allow, make a decision as to whether or not to initiate an amendment of the planning scheme and serve on the person who made the request notice of its decision within 7 days of making the decision. (3AA) if the planning authority decides under subsection (3) to initiate an amendment of a planning scheme after receipt of a request from a person under subsection (1), it must – (a) Initiate the amendment under section 34 ; and (b) Certify the draft amendment under section 35 - Within 42 days of receiving the request or such longer time as the Commission allows. 9

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When making its decision on whether to initiate and certify an amendment, the matters Council must consider are listed in section 32 and 43C of the Act. An assessment of application against these requirements is undertaken later in this report.

In accordance with section 38 of the Act, if Council makes a decision to initiate an amendment, the application is placed on public exhibition for a period of 28 Days.

6) The Proposal

The proposal seeks the following:  Make a text amendment to the Rural Living Zone to enable subdivision into 3 lots in accordance with the proposed plan of subdivision; and  Subdivide 75 Ridge Road, Legana (CT89041/1) into 3 lots plus road widening.

If approved the amendment and subdivision application will allow for the creation of 3 residential lots. Vehicular access to the lots will be via Ridge Road, Legana with an associated road widening to facilitate the future construction of a cul de sac head. Each lot will be connected to reticulated water supply with onsite wastewater treatment and disposal and discharge of stormwater to an existing stormwater drain.

Figure 1 - Subdivision proposal plan for 3 lot development

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6.1 Landowner Consent Land owner consent has been provided. The Folio Text lists the current owners as Gregory and Debbie Cirkel.

7) Subject Site and Surrounding Area

The subject site is located at the northern end of Ridge Road, with an address of 75 Ridge Road, Legana.

Subject site Beach Road Jetty Road Ridge Road

Previously approved 8 lot subdivision

Figure 2 – Location map (Source: LISTMAP).

Environment Management Zone

Subject site

Rural Living Zone General Residential Zone

Particular Purpose Zone

Figure 3 - Zoning Map - West Tamar Interim Planning Scheme 2013. (Source: LISTMAP).

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16 March 2021 The lot has a total size of 2.485ha, with frontage provided to Ridge Road.

Surrounding uses are a mixture of single dwellings, vacant lots and agricultural land. The site is located in the Rural Living Zone.

The site slopes towards the river with its highest point at around 30mAHD near the south east corner down to 10m AHD at the North West corner. The northern boundary is vegetated which leads down to the vegetated riverbank.

Figure 4a - Looking south towards proposed lot 1 and the Figure 4b - Looking east from Ridge Road at proposed Lot existing house, proposed Lot 2 in the foreground 2

Figure 4c – Looking north from Ridge Road toward Figure 4d - Looking south down Ridge Road proposed Lot 3 with shed under construction

8) Existing conditions of the site

8.1 Scenic Values The land is not identified within the Scenic Management area.

8.2 Heritage The land is not listed on the Tasmanian Heritage Register or within a Local Historic Heritage Code under the Scheme.

The applicant has stated that the site has not been identified as containing Aboriginal heritage values, however in the event that any values are identified during works, the provisions of the Aboriginal Heritage Act 1975 would apply.

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8.3 Land Capability

The majority of the site has been identified as class 4 under the land capability mapping. In understanding the land capability, it is noted that class 1 is considered best class, and class 7 as poorest. Class 4 land is primarily suitable for grazing and is not considered as prime agricultural land as per the definition of Prime Agricultural Land under the State Policy on the Protection of Agricultural Land 2009. It is noted that the site is included in the Rural Living Zone, and despite the classification is not considered to be Agricultural land under the State Policy.

Class 4

Figure 5 - Land Capability Mapping (Source: LISTMAP).

8.4 Natural Values

The subject site has been largely cleared with a single house and associated outbuildings located at the southern end and within proposed Lot 1.

A strip of vegetation is located along the northern and north east boundaries of the site.

The site currently contains priority habitat overlay over the northern portion of land (Figure 6) largely corresponding to the area currently vegetated.

The Threatened Native Vegetation Communities 2014 (Figure 7) identifies the area as containing Eucalyptus amygdalina inland forest and woodland on cainozoic deposits and adjacent Melaleuca ericifolia swamp forest.

No threatened fauna has been identified on available mapping.

A flora and fauna report was not provided with the application. No clearing is proposed as part of the application.

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Figure 7 – Threatened Native Vegetation Communities Figure 6 - Priority Habitat Overlay (Source: LISTMAP). (Source: LISTMAP).

8.5 Environmental Hazards

8.5.1 Bushfire

The property is classified as being within a Bushfire Prone Area (Figure 8) as shown on an approved overlay. A bushfire hazard assessment undertaken by Rebecca Green and Associates was submitted as part of the development application. The hazard report and bushfire hazard management plan provided an assessment against E1.0 Bushfire Prone Areas Code of the Scheme and demonstrated that each lot could provide sufficient area for a dwelling to meet BAL 12.5 setbacks on proposed lot 2 and BAL-19 on proposed lot 3, whilst complying with access and water supply requirements.

Figure 8 - Bushfire Prone Overlay (red hatching) (Source: LISTMAP).

8.5.2 Flood Hazard

The property is not shown as being subject to a flood risk on the Scheme overlay maps. Stormwater drainage is proposed to be directed to Ridge Road and the drainage easement along the eastern property boundary north of the end of Ridge Road. A stormwater management plan was not provided with the application however stormwater infrastructure has been included on the proposal plan.

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16 March 2021 8.5.3 Landslip

The subject site is shown on the Hazard Planning Maps produced by the Department of Premier and Cabinet to be subject to Low and Medium hazard bands (Figure 9) noting it is adjacent to a Medium to Active landslip zone.

Figure 9 - Landslip Hazard Bands (Source: LISTMAP)

A Landslide Risk Assessment prepared by Geoton Pty Ltd was submitted as part of the application. This assessment concluded that:  A ‘No Build Zone’ is required as the landslide risk along the northern boundary is unacceptable;  Within the ‘No Build Zone’, no buildings, cut and fill earthworks, vegetation clearing or uncontrolled drainage works can occur;  Requirements when conducting works on the balance of the land to minimise potential impacts on the landslide hazard areas; and  Subject to the recommendations of the report, a toleration level of risk can be achieved.

An independent review of the Landslide Risk Assessment was completed by Willows Engineering to consider the findings of the assessment and provide recommendations about development controls. The report concluded that:  The Geoton report follows the AGS2007 approach and addresses, or comments on the reporting standards in Section 10.2 of AGS 2007c. The Geoton report recommendations are appropriate to manage the landslide risk and subdivision construction; and  The proposed 3 lot subdivision is considered feasible with Low level of risk provided that geotechnical advice is obtained during the engineering design and construction.

8.6 Infrastructure

The subject site is not located within an area that is serviced by reticulated sewerage.

The subject site is connected to a reticulated water supply. TasWater have issued a SPAN in relation to connection to their infrastructure.

A connection to a Council legal point of discharge for stormwater is available via Ridge Road or the stormwater easement along the eastern property boundary.

Other reticulated services within the area include electricity and telecommunications.

A full range of community facilities are available to the Legana area, including recreation facilities, churches, halls, local and regional retail, a range of sporting clubs, police, schools and automatic teller machines. Legana Central Shopping Centre provides a full-line supermarket and specialty shops locally, with additional facilities and services.

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16 March 2021 9) Assessment of an Amendment to the Planning Scheme

9.1 Considerations of an Amendment

The relevant requirements of Section 32 (1) of the Act are outlined below:

32. Requirements for preparation of amendments (1) A draft amendment of a planning scheme, and an amendment of a planning scheme, in the opinion of the relevant decision-maker within the meaning of section 20(2A) – (a) ...... (b) ...... (c) ...... (d) ...... (e) must, as far as practicable, avoid the potential for land use conflicts with use and development permissible under the planning scheme applying to the adjacent area; and (ea) must not conflict with the requirements of section 30O; and (f) must have regard to the impact that the use and development permissible under the amendment will have on the use and development of the region as an entity in environmental, economic and social terms. (2) The provisions of section 20 (2), (3), (4), (5), (6), (7), (8) and (9) apply to the amendment of a planning scheme in the same manner as they apply to planning schemes.

Response:

32(1)(e) The subject site must, as far as practicable, avoid the potential for land use conflicts with use and development permissible under the planning scheme applying to the adjacent area.

The Rural Living Zone adjoins the property to the east south and west and is consistent with the subject site. The Use Table under section 13.2 of the West Tamar Interim Planning Scheme 2013 has been assessed in the context of this proposal. The subdivision of land into three lots is not inconsistent with and is unlikely to adversely impact surrounding land in the Rural Living Zone.

The Environment Management Zone is to the north of the site. The zone purpose is to provide for the protection, conservation and management of areas with significant ecological, scientific, cultural or aesthetic value, or with a significant likelihood of risk from natural hazard. No clearing of vegetation is proposed as part of this application.

Land to the north is also identified within the landslide hazard bands including a medium to active hazard band. Caution must be taken when developing in proximity to this area to ensure development does not exacerbate the risk of landslide in this location. The Landslide Risk Assessment submitted with the application concludes, subject to the implementation of a ‘No Build Zone’ and other recommendations, that the development has a tolerable level of risk.

Consideration of section 30O

32(1)(ea) This section requires the amendment to not be in conflict with the requirements of section 30O of the Act. The tests outlined in section 30O are addressed below:

30O. Amendments under Divisions 2 and 2A of interim planning schemes (1) An amendment may only be made under Division 2 or 2A to a local provision of a planning scheme, or to insert a local provision into, or remove a local provision from, such a scheme, if the amendment is, as far as is, in the opinion of the relevant decision- maker within the meaning of section 20(2A), practicable, consistent with the regional land use strategy, if any, for the regional area in which is situated the land to which the scheme applies. (2) An amendment, of a planning scheme, that would amend a local provision of the scheme or insert a new provision into the scheme may only be made under Division 2 or 2A if – (a) the amendment is not such that the local provision as amended or inserted would be directly or indirectly inconsistent with the common provisions, except in accordance with section 30EA, or an overriding local provision; and

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16 March 2021 (b) the amendment does not revoke or amend an overriding local provision; and (c) the amendment is not to the effect that a conflicting local provision would, after the amendment, be contained in the scheme. (3) Subject to section 30EA, an amendment may be made to a local provision if – (a) the amendment is to the effect that a common provision is not to apply to an area of land; and (b) a planning directive allows the planning scheme to specify that some or all of the common provisions are not to apply to such an area of land. (4) An amendment may not be made under Division 2 or 2A to a common provision of a planning scheme unless the common provision, as so amended, would not be inconsistent with a planning directive that requires or permits the provision to be contained in the planning scheme. (5) Subject to section 30EA , an amendment of a planning scheme may be made under Division 2 or 2A if the amendment consists of – (a) taking an optional common provision out of the scheme; or (b) taking the provision out of the scheme and replacing it with another optional common provision.

Response:

Response to Section 30O.

Section 1 of 30O of the Act requires that the amendment, as far as is practical, be consistent with the Regional Land Use Strategy for the regional area. The Regional Land Use Strategy for Northern Tasmania is applicable to this application. An in-depth analysis is undertaken in section 9.4 of this report which found that the application is consistent with the Strategy.

A review has also been undertaken of the 2014 Legana Structure Plan, in the context of the proposed amendment and how the proposal is deemed consistent with this plan. The subject site is considered in the Legana Structure Plan as contributing to the available residential land surrounding Legana. The proposed amendment is important in enabling residential development in accordance with projected growth and demand estimated with the structure plan. Note that the structure plan nominally identifies the area as providing conventional density residential subdivision with some medium density residential subdivision, however due to the characteristics of the site, in particular the landslip hazards and lack of reticulated sewerage connection, the site cannot accommodate development at the densities the Structure Plan anticipated.

The amendment complies with the remaining sections 2 - 5 of 30O of the Act, in that the application does not proposed to modify, remove, or insert a common provision. The proposed amendment is an alteration to a local provision, in that a text amendment is proposed to the Rural Living Zone to enable the subdivision to occur.

The amendment to a local provision is considered to be consistent with the common provisions, whilst ensuring there is no conflict with other local provisions in the scheme. Due to the amendment being an amendment of a local provision, the modification of the scheme can be made under Division 2 (amendment of a planning scheme) or 2A (combined permit and amendment process) of the Act.

Response:

32(1)(f) requires the decision maker to have regard to the impact that use and development permissible under the amendment will have on the region, in relation to environmental, economic and social terms.

The site is included in the Rural Living Zone with residential use or development on large lots in a rural setting being the predominant character of the area. The Regional Land Use Strategy (RLUS) has identified the site as contributing to the supply of housing within the Launceston urban growth area. This is brought out in RSN-P5 which encourages rezoning to higher densities as are allowed under residential zones. Site constraints for the land currently limit the number of lots, resulting in 2 additional dwellings for the region. The yield is less than 0.8 dwellings per hectare and is less than anticipated by the RLUS.

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16 March 2021 The rezone will subsequently result in a portion of housing expected by the region and contribute to the housing supply in urban growth areas. Larger lots provide greater diversity for the market, whilst ensuring the character of the surrounding area is retained and the site constraints managed appropriately.

Subdivision design has been informed by geotechnical and bushfire advice, confirming that only certain areas are appropriate for residential development. Such analysis is consistent with policies relating to natural hazards contained within the RLUS.

Schedule 1, Part 1 - Objectives of the Resource Management and Planning System of

Tasmania Section 20(1)(a) and 43C (1)(a) of the Act require that in determining an application, the planning authority must seek to further the objectives set out in schedule 1 of the Act. Schedule 1, part 1 and 2 has been examined and responded to below.

Objective Response (a) to promote the sustainable The proposed amendment and subsequent development of natural and physical subdivision would not propose or result in resources and the maintenance of consequential clearing of vegetation. ecological processes and genetic diversity; and (b) to provide for the fair, orderly and The subject site is considered appropriate for sustainable use and development of air, residential development at a regional level in the land and water; and RLUS, as the site is part of an urban growth corridor.

The subject site is considered in the Legana Structure Plan as contributing to the available residential land surrounding Legana. The proposed amendment is important in enabling residential development in accordance with projected growth and demand estimated with the structure plan. The amendment has been prepared taking into consideration these documents.

The future development has demonstrated appropriate servicing arrangements regarding onsite wastewater, stormwater and water supply. (c) to encourage public involvement in The planning application process under section 43 resource management and planning; of the Act provides a public consultation period of and 28 days. During this period, the public can make comment on the proposed application. Following this period, the Tasmanian Planning Commission may hold hearings to ensure all stakeholders have an opportunity to have input and have their views heard. (d) to facilitate economic development in Should the development be approved, there accordance with the objectives set out in would be provision for an additional two paragraphs (a), (b) and (c); and residential lots, and subsequently two future dwellings. The current zoning only provides for one dwelling on the site. There would be minor flow on effects to the Legana activity centre and Greater Launceston area. The current constraints of the site limit use and development under the scheme. Three lots is considered to be the maximum achievable density on the site. (e) to promote the sharing of responsibility Each level of government and the private sector for resource management and planning have their distinct roles to play in the development between the different spheres of process. This proposal does not try to usurp or

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16 March 2021 Government, the community and interfere with the development hierarchy. A industry in the State. number of hierarchies will be involved in this process at various levels of government.

The application has been prepared taking into consideration the RLUS and Legana Structure Plan, both of which went through a period of public consultation and assessment.

Schedule 1, Part 2 - Objectives of the Resource Management and Planning System of Tasmania Objective Response (a) to require sound strategic planning and The proposal is consistent with strategies and co-ordinated action by State and local policies at a regional level which have been government; and adopted by both state and local government.

The Draft Local Provisions Schedule (LPS) includes the site in the Rural Living Zone A with a minimum lot size of 1ha (or 20% lower where it meets the performance criteria). The development meets the strategic direction set by the draft LPS and the Tasmanian Planning Scheme. (b) to establish a system of planning The proposed amendments seeks a text instruments to be the principal way of amendment to the subdivision requirements for setting objectives, policies and controls the Rural Living Zone to permit 3 lots to be for the use, development and protection developed. of land; and The current planning scheme does not permit subdivision that creates additional titles for residential use in the Rural Living Zone with no minimum lot size as a result. The draft Local Provision Schedule sets a minimum lot size in the Rural Living Zone A of 1ha which establishes a future strategic direction for the land.

If approved, the amended provisions will be included in, and enforced under the West Tamar Interim Planning Scheme 2013. (c) to ensure that the effects on the The landslip, biodiversity and water quality codes environment are considered and provide are relevant to the site, and include specific for explicit consideration of social and provisions which examine the use and economic effects when decisions are development being proposed. The application made about the use and development of includes an assessment of the subject site in land; and relation to these codes. A detailed assessment against the codes has been completed later in this

report. The application seeks to use and will benefit from the nearby services and provisions of Legana. (d) to require land use and development The subject site has characteristics that offer the planning and policy to be easily opportunity to undertake use and development integrated with environmental, social, albeit with limitations due to the constraints of the economic, conservation and resource land and limitations imposed by the planning management policies at State, regional scheme. and municipal levels; and The relevant zone and code standards of the Scheme appropriately provide for development that considers social, environmental, economic, conservation and resource management policies and objectives relevant at state, regional and local level, as addressed in their assessments.

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16 March 2021 (e) to provide for the consolidation of The section 43A application provides for a approvals for land use or development development application to be assessed and related matters, and to co-ordinate simultaneously to a scheme amendment. The planning approvals with related development application has included a approvals; and subdivision application with the request to amend the planning scheme to provide context and to ensure the process is efficient and consolidated.

The application has been referred to TasWater who have provided appropriate conditions in the form of a Submission to Planning Authority Notice (SPAN). (f) to promote the health and wellbeing of The subdivision provides residential allotments in all Tasmanians and visitors to Tasmania a pleasant and safe environment. The subdivision by ensuring a pleasant, efficient and and amendment are within close proximity to the safe environment for working, living and Legana activity centre, and is within an recreation; and establishing rural living area. The character of Legana will be retained as a result of this large lot residential subdivision. (g) to conserve those buildings, areas or There are no identified buildings, areas or places other places which are of scientific, which are of scientific, aesthetic, architectural or aesthetic, architectural or historical historical interest. interest, or otherwise of special cultural There is no known record of European heritage value; and sites and the land is not on the Tasmanian Heritage Register.

The site has not been identified as containing Aboriginal Heritage Values. In the event that any relics are identified, the provisions of the Aboriginal Heritage Act 1975 will apply. (h) to protect public infrastructure and other The proposed amendment and subdivision will assets and enable the orderly provision allow for the orderly development of Legana and and co-ordination of public utilities and will benefit the community in terms of service other facilities for the benefit of the availability and housing choice. community; (i) to provide a planning framework which The land capability has been considered by the fully considers land capability. proponents.

The RLUS identifies the site as part of an urban

growth corridor. The State Policy on the Protection of Agricultural Land has also been examined in the following section.

9.2S State Policies Section 20(1)(b) of the Act requires a decision maker to ensure the Scheme is in accordance with the State Policies made under section 11 of the State Policies and Projects Act 1993. An examination of the amendment against the State Policies is provided below.

9.2.1State Policy on the Protection of Agricultural Land. The State Policy on the Protection of Agricultural Land 2009 (PAL) aims to conserve and protect agricultural land so that it is available for sustainable development of agriculture, whilst recognising the particular importance of prime agricultural land. The objectives of the Policy are: To enable the sustainable development of agriculture by minimising:  Conflict with or interference from other land uses; and  Non-agricultural use or development on agricultural land that precludes the return of that land to agricultural use.

Existing mapping for the site indicates that the land capability is currently class 4, where 1 is best and 7 is poorest (refer figure 5). Class 4 land is primarily suitable for grazing.

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The Policy defines Agricultural land as ‘all land that is in agricultural use or has the potential for agricultural use, that has not been zoned or developed for another use or would not be unduly restricted for agricultural use by its size, shape and proximity to adjoining non-agricultural uses.’ As the site has an existing Rural Living Zoning, the Policy does not apply despite its classification.

9.2.2 State Coastal Policy 1996 The State Coastal Policy applies to Tasmania’s coastal area, including all islands except for Macquarie Island. The coastal zone includes State Waters, and all land to a distance of 1km from the high water mark. The subject site is within 1km of high water mark identified along the Tamar River.

The three principles of the State Coastal Policy are:  Natural and cultural values of the coast shall be protected.  The coast shall be used and developed in a sustainable manner.  Integrated management and protection of the coastal zone is a shared responsibility.

There is a 30m to 35m wide Crown Reserve between the site and the Tamar River. The resulting subdivision will create two additional lots and associated dwellings and will direct stormwater to Council stormwater network. As the site is subject to landslip hazards, a ‘no build zone’ is proposed which affects the northern boundary and further sets back development from the river with restrictions aiming to prevent landslip along the riverbank.

Given the approved zoning of the site, the low scale of the development and mitigations that will minimise impacts of the coast and waters it is considered that the proposal does not compromise the principles or objectives of the Policy.

9.2.3 State Policy on Water Quality Management 1997 The Policy aims to achieve the sustainable management of Tasmania’s surface water and groundwater resources by protecting or enhancing their qualities while allowing for sustainable development in accordance with the objectives of Tasmania’s Resource Management and Planning System.

The provisions of this policy are reflected in E9.0 Water Quality Code, applied under the Scheme. The proposed amendment does not seek to change any standards which would compromise the standards of E9.0 Water Quality Code.

The application is therefore considered to be in accordance with the State Policy.

9.2.4 National Environment and Protection Measures Section 12A of the State Policies and Projects Act 1993 states that a National Environment Protection Measure (NEPM) is taken to be a State Policy. The following matters therefore require consideration:  Ambient Air Quality 2002,  Diesel vehicles emissions 2001  Assessment of site contamination 1999  Use packaging materials 1999  Movement of controlled waste between States and Territories 1998  National pollutant inventory 2000 The proposed amendment does not relate to any issues covered under the NEPM’s.

9.3 West Tamar Strategic Plan Section 20(1) (d) of the Act requires a decision maker to ensure the Scheme has regard to the Council Strategic Plan. The West Tamar Council Strategic Plan 2018-2028 (Strategic Plan) is the relevant plan which has been examined.

Council’s vision and Regional Direction is:

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16 March 2021 To create an inclusive community where people want to live, work and invest. The vision is delivered through objectives and strategies. They are listed below, along with an assessment of the proposal against them:

Objective / Strategy Assessment Active and Engaged Community The amendment process provides opportunity for members of the public to view and provide To maintain an engaged and active comment on any part of the amendment or permit community where partnerships are application. Council has provided feedback established, needs are identified, and throughout the application process. Council assists in achieving sustainable outcomes. Prosperous and Sustainable Growth The proposed amendment and subdivision is consistent with Councils goal to support To encourage the sustainable growth and residential development within residential areas. prosperity of the region. The subdivision will provide new dwellings for

residents, thus ensuring a sense of place is fostered within the municipality. Site constraints due to landslip are a significant consideration for development of the site however the Landslip Assessment report makes recommendations to manage these impacts and provide a tolerable level of risk. Highly Liveable Environment The subject site is part of a larger Rural Living area with predominantly single dwellings on To care for and create a balance between larger lots. the built and natural environment. Landslip hazard is a significant constraint affecting the site with an assessment against the code later in this report. Infrastructure that Works The site currently has the capacity to connect to water and stormwater infrastructure. To ensure the provision and maintenance of an efficient and effective infrastructure Ridge Road has capacity to accommodate the network. additional traffic generated by two additional lots and the subdivision includes a small dedication of land to road reserve to facilitate the construction of a cul de sac head at the end of Ridge Road. Organisation that Delivers This is achieved through the notification, submissions and hearings process as part of the To represent the community in a responsive, statutory requirements. professional and innovative manner.

9.4 Northern Tasmania Regional Land Use Strategy (RLUS) Section 30O (1) of the Act requires the application to be consistent with the Regional Land Use Strategy for the area which the land and scheme apply.

The property is shown in Map D.1 of the RLUS as being within a Growth Corridor Area within the Urban Growth Boundary. The map and property location is shown below in Figure 10 of this report.

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Subject Site

Figure 10 - Map D.1 Regional Framework Plan from Northern Regional Land Use Strategy for Northern Tasmania.

The RLUS emphasises increasing the capacity of existing Urban Growth Areas, as opposed to expansion of the Urban Growth Area. The proposed amendment complies, as it does not seek to expand the Urban Growth Network, it rather looks to expand the residential area within the existing Urban Growth Network.

The RLUS describes Urban Growth Areas as:

D2.1 Urban Growth Areas: Urban Growth Areas will identify sufficient land to sustainably meet the region’s urban development needs to 2032, considering population, housing, employment projections and reasonable assumptions about future growth. Where the following is relevant:

Growth Corridors Comprising land contiguous with existing urban areas, including Greenfield land, which will be developed to accommodate projected population growth where the land has been assessed against contemporary evidence and determined as being suitable for urban development.

The RLUS also includes a classification for Rural Residential Areas as follows:

D2.2.2 Rural Residential Areas The region’s rural landscape includes land suitable for opportunities for rural residential use and development on large allotments, in preferred locations. Rural Residential Areas will typically be included in the Rural Living Zone, however other zones may be appropriate, potentially associated with overriding local provisions to the SPP’s, upon detailed analysis of particular areas. These zones will be applied to reflect established land use patterns and will provide residential opportunities within a rural landscape, including where services are limited, or existing natural and landscape values are to be retained.

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16 March 2021 In practice, this will mean that land that may have been included in low density residential, rural residential, village or rural zones will be identified based on existing land use patterns that are predominantly rural residential in character.

The subject site currently provides connection to reticulated water, but no sewer. The site is constrained by landslip, and is situated in an area which is characterised by large residential lots. While the RLUS identifies the site as being within an Urban Growth Boundary (Growth Corridor), the criteria relating to Rural Residential Areas more closely aligns with the land and development.

E2 Regional Settlement Network (RSN) Policy Section E2 of the Strategy identifies that Urban Growth Boundaries be reinforced within an efficient urban settlement pattern, which seeks to:  Consolidate the roles of the greater Launceston urban area and the surrounding sub regional urban centres;  Create well planned communities, supported by an activity centre network that gives people good access to public transport and links residential areas with employment locations.

The following regional principles have been set out and are considered relevant:

Regional Settlement Network Policy Action RSN-P1 RSN-A1 Urban settlements are contained within Provide an adequate supply of well-located and identified Urban Growth Areas. No new serviced residential land to meet projected discrete settlements are allowed and demand. Land owners/developers are provided opportunities for expansion will be with the details about how development should restricted to locations where there is a occur through local settlement strategies, demonstrated housing need, particularly structure plans and planning schemes. Plans are where spare infrastructure capacity exists to be prepared in accordance with land use (particularly water supply and sewerage). principles outlined in the RLUS, land capability, RSN-P2 infrastructure capacity and demand. Provide for existing settlements to support RSN-A2 local and regional economies, concentrate Land supply will be provided in Urban Growth investment in the improvement of services Areas identified as: and infrastructure, and enhance quality of  Priority Consolidation Areas; life.  Supporting Consolidation Areas; or  Growth Corridor. RSN-A3 Apply zoning that provides for the flexibility of settlements or precincts within a settlement and the ability to restructure under-utilised land. RSN-A4 Provide for the long term future supply of urban residential land that matches existing and planned infrastructure capacity being delivered by TasWater, specifically in parallel with existing water and sewerage capacity and required augmentation to meet urban development growth and capacity - both residential and industrial. RSN-A6 Encourage urban residential expansion in-and- around the region’s activity centre network to maximise proximity to employment, services and the use of existing infrastructure, including supporting greater public transport use and services.

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16 March 2021 Response: The subject site is classified as being within an Urban Growth Corridor and is included within the Urban Growth Boundaries under the Regional Framework Plan (Figure 10). The land is therefore considered appropriately located for residential use and development, which contributes to the residential supply by providing a diverse housing choice. The housing demand anticipated by the Greater Launceston Plan and RLUS. Site assessments have appropriately informed a less intensive subdivision design subject to varying constraints.

The area is an established residential settlement within the West Tamar municipality. The subdivision is seen as providing for growth around an urban centre, with a short car trip taking you down to shops and services along the West Tamar Highway. The subdivision adjoins developed residential areas and other rural living lots.

There is existing infrastructure in place which can adequately provide for the increased lots. TasWater has issued a SPAN which is included as a permit condition.

Based on ABS statistics, and the recent report titled Regional Population Trends in Tasmania: Issues and Options by Lisa Denny and Nyree Pisnau of the University of Tasmania, demand can be expected to continue in this area. The report states that Tasmania is experiencing its strongest rate of population growth in almost a decade, despite it being an ageing population. The West Tamar Municipality is expected to have higher than average state rates of population growth, largely led by internal migration.

Between 2017 and 2042, the population of West Tamar is expected to increase by approximately 14.2%, which is the 9th highest increase of predicted growth within the state, and the highest increase within the north east of Tasmania.

Housing Dwellings and Densities Policies Actions RSN-P5 RSN-A10 Encourage a higher proportion of Apply zoning provisions which provide for a higher development at high and medium density to proportion of the region’s growth to occur in maximise infrastructure capacity. This will suitably zoned and serviced areas. The include an increased proportion of multiple application of Urban Mixed Use, Inner Residential dwellings at infill and redevelopment and General Residential Zones should specifically locations across the region’s Urban Growth support diversity in dwelling types and sizes in Areas to meet residential demand. appropriate locations. RSN-P6 RSN-A11 Focus higher density residential and mixed- Clearly identify settlement boundaries at the local use development in and around regional level for all significant activity centres. activity centres and public transport nodes RSN-A12 and corridors. Encourage well-designed new urban communities RSN-P7 through detailed planning provisions. In new development areas include a diversity in land uses, employment opportunities and housing types at densities that support walkable communities, shorter vehicle trips and efficient public transport services. Response: While the proposed development will facilitate future residential use and development, the site has limited capacity to provide high to medium density housing. The proposed subdivision more closely aligns with the criteria contained in Rural Residential Areas under the RLUS which is considered the best use of the land considering the constraints.

The site is considered an appropriate location considering the existing residential land adjoining the site and easy access to transport and services. Legana is classified as within a Growth Corridor with easy access to a suburban activity centre within the RLUS. The site is within reasonable proximity to public transport nodes and corridors.

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16 March 2021 Integrated Land Use and Transport Policies Actions RSN-P8 RSN-A14 New development is to utilise existing Prioritise amendments to planning schemes to infrastructure or be provided with timely support new Urban Growth Areas and transport infrastructure, community services redevelopment sites with access to existing or and employment planned transport infrastructure. This will support delivery of transit oriented development outcomes in activity centres and identified transit nodes on priority transit corridors. Response: A bus service is available from Bindaree Road approximately 850m from the site providing a bus service to Launceston. Additional services are available via Legana Town Centre which could be accessed via park and ride.

Given the low density subdivision pattern for the area increasing services in this location is unlikely in the foreseeable future.

Rural and Environmental Living Development Policies Actions RSN-P21 RSN-A20 Rural and environmental lifestyle Rural living land use patterns will be identified opportunities will be provided outside urban based on a predominance of residential land use areas. on large lots in rural settings with limited service RSN-P22 capacity. Rural and environmental lifestyle RSN-A21 opportunities will reflect established Rural Planning schemes should prioritise the Residential Areas. consolidation of established Rural Residential RSN-P23 Areas over the creation of Rural Residential Growth opportunities will be provided in Areas. strategically preferred locations for rural RSN-A22 living and environmental living based on Target growth to preferred areas based on local sustainability criteria and will limit further strategy and consolidation of existing land use fragmentation of rural lands. patterns. RSN-P24 RSN-A23 Growth opportunities for rural living will Planning scheme provisions must specifically maximise the efficiency of existing services enable subdivision opportunities in preferred and infrastructure. areas by setting minimum lot sizes based on locality. RSN-A24 Future locations of the Rural Living Zone should not require extension of Urban Growth Areas, or compromise the productivity of agricultural lands and natural productive resources (within Rural Areas). RSN-A25 Ensure future locations for rural residential opportunities do not compromise environmental values. RSN-A26 Consolidation and growth of Rural Residential Areas is to be directed to areas identified in local strategy, that align with the following criteria (where relevant): - Proximity to existing settlements containing social services; - Access to road infrastructure with capacity; - On-site waste water system suitability;

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16 March 2021 - Consideration of the impact on natural values or the potential land use limitations as a result of natural values; - Minimisation of impacts on agricultural land and land conversion; - Minimisation of impacts on water supply required for agricultural and environmental purposes; - Consideration of natural hazard management; - Existing supply within the region; - Potential for future requirement for the land for urban purposes; and - The ability to achieve positive environmental outcomes through the rezoning. Response: Whilst the site is located within an Urban Growth Boundary, site constraints will result in a development which more closely aligns with that criteria found for Rural Residential Areas. On this basis, an assessment has been undertaken against the criteria of RSN P21 to P24 to determine that as much as practicable, the amendment is compliant with the requirements.

Rezoning will facilitate residential use and development, which is consistent with the overall framework of Urban Growth Corridors under the RLUS. Rural Residential opportunities are consolidated, as the land is within the existing Rural Living Zone.

The amendment and subdivision has been prepared with consideration given to infrastructure, hazard management regarding landslip, environmental values and bushfire.

It is appropriate that remaining areas within the Urban Growth Corridor be considered for residential development in line with the RLUS.

Biodiversity and Native Vegetation Policy Action BNV-P01 BNV-A01 Implement a consistent regional approach Apply appropriate zoning and/or overlays through to regional biodiversity management, native planning schemes to protect areas of native vegetation communities and native fauna vegetation. habitats including comprehensive spatial BNV-A02 regional biodiversity mapping. Implement a planning assessment approach BNV-P02 consistent with the ‘avoid, minimise, mitigate, Except where planning scheme provisions offset’ hierarchy. provide for exemptions, restrict land BNV-A03 clearing and disturbance of intact natural Provide for environmental assessments through habitat and vegetation areas, including planning schemes for development proposals with areas of forest and non-forest communities the potential to impact on the habitats of native declared under the Nature Conservation species of local importance. Act, coastal wetlands and remnant and BNV-A04 appropriate cultural vegetation within Accept offsets as a last resort and only where settlement areas. there is a net conservation benefit, security of the BNV-P03 offset in perpetuity and based upon the relevant Land use planning is to minimise the State guidelines spread and impact of environmental weeds. BNV-A05 BNV-P04 Further investigate regional biodiversity: Land use planning processes are to be  To protect, conserve and enhance the region’s consistent with any applicable conservation biodiversity considering the extent, condition area management plans or natural resource and connectivity of critical habitats; priority management strategy. vegetation communities; and the number and status of vulnerable and threatened species;  Provide for use and development to be carried out in a manner that assists the protection of biodiversity by –

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16 March 2021  Minimising native vegetation and habitat loss or degradation.  Appropriately locating buildings and works.  To develop a methodology that defines triggers and priorities for important habitat in assessing development; and Response: While the priority habitat overlay applies to the site, no vegetation is proposed to be cleared as part of the application. Further, if approved, a ‘no build zone’ will apply to manage impact on landslip hazard which will also restrict the removal of any vegetation.

The application is consistent with BNV-A01 in that appropriate overlays are being applied to the site which will impact future development of the land.

Natural Hazards Policy Action NH-P01 NH-A01 Future land use and urban development is Manage further development in declared landslip to minimise risk to people and property zones. Complete regional land slide hazard resulting from land instability by adopting a mapping to allow identification of land susceptible risk-managed based approach, consistent to landscape hazards and its associated level of with Practice Note Guidelines for Landslide risk to specific scale and types of land uses and Risk Management 2007 and AGS (2007a) developments. Guideline for Landslide Susceptibility, NH-A02 Hazard and Risk Zoning for Land Use Permit appropriate land uses and urban Planning; AGS (2007e) Australian development in areas of susceptibility only where GeoGuides for Slope Management and risk is very low or where it can be managed by Maintenance. prescriptive controls to avoid undue risk to NH-P03 persons including life of loss and damage to Future land use and development is to property. minimise risk to people and property NH-A03 resulting from bushfire hazard. If there is doubt about the geotechnical stability of NH-P04 land proposed for urban development, Council Where avoidance of hazards is not possible may require a geotechnical assessment to identify or the level of risk is deemed acceptable, risks and mitigation techniques. best practice construction and design NH-A06 techniques and management practices are Subdivision design is to respond to bushfire to be implemented. hazard risks by providing for alternative access, building setbacks and buffer distances based on current best practice. Response: The application includes an assessment of the potential landslide risk. The existing mapping has been determined as adequate. Indicative building envelopes have been shown in appropriate locations, away from landslip risk. The risk assessment has demonstrated that the proposed development will be categorised as low risk, which is consistent with NH-A02 and NH P01.

A ‘no build zone’ is recommended in the land slip risk assessment and, if approved, a condition would be to enter into a Part 5 agreement to detail the ongoing requirements to minimise risk both to prevent development in the no build zone and on the balance of lots 2 and 3 to ensure appropriate measures are in place to minimise risk.

Should future dwellings be proposed in areas subject to landslide mapping, applicants would be required to obtain their own geotechnical advice with individual planning applications.

Subdivision design has been informed by the bushfire hazard management assessment undertaken by Rebecca Green & Associates. The report and plan demonstrates that each lot can suitably provide dwellings meeting BAL12.5 or BAL 19 separations. Road and water infrastructure can be provided in compliance with E1.0 Bushfire Prone Areas Code.

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16 March 2021 Coasts and Waterways Policy Action CW-PO6 CW-A08 Where appropriate, development in new or Works undertaken on wetlands and waterways redevelopment areas is to adopt best are to be in accordance with the Wetlands and practice Water Sensitive Urban Design Waterways Works Manual (DPIPWE, 2003, or (WSUD) principles. subsequent edition) including resources such as CW-PO7 A Wetlands Strategy for Tasmania prepared by Protect the water quality of the region’s the DPIPWE. waterways and wetlands, including key CW-A09 water supply catchments. Include Water Sensitive Urban Design (WSUD) CW-PO8 requirements in planning schemes, where Recognise the importance of non-land use appropriate, to reduce stormwater discharge into planning based organisations and their waterways and to maximise stormwater quality. strategies and policies in managing, CW-A10 protecting and enhancing natural values. Planning schemes are to be consistent with the Tasmanian State Policy on Water Quality Management 1997 and the Tasmanian State Stormwater Strategy. CW-A11 Include provisions in planning schemes to facilitate the protection of ecological and hydrological integrity of water catchments, including adequate buffers. Response: The site is within 50m of a waterway and future development of the site is subsequently assessed against the requirements of the Water Quality Code. The proposed amendment does not seek to alter any standards in the Water Quality Code, and is considered as complying with the code subject to appropriate conditions.

Assessment against the Water Quality Code is included in Part B of this report. Landscape and Scenic Amenity Policy Action LSA-PO1 LSA-A01 Consider the value of protecting the scenic Identify scenic corridors associated with identified and landscape amenity of key regional tourism routes with an overlay in planning tourism routes having regard to the routes schemes. identified in Map E3 and local circumstances, LSA-A02 as well as the: Develop a regionally consistent approach to a) Importance of scenic landscapes as viewed determining scenic corridor overlays around from major roads and tourist identified tourism routes. routes/destinations as contributing to LSA-A03 economic basis of the tourism industry as Include performance criteria in planning schemes well as local visual amenity; for development within scenic corridor overlays b) Importance of natural/native vegetation in that address following considerations: contributing to scenic values of rural and i) The impact of development skylines, ridgelines coastal areas generally, with particular and prominent locations; emphasis on prominent topographical ii) The establishment and/or retention of existing features; and vegetation to provide screening in combination c) Need to protect skylines and prominent with other requirements for hazard hillsides from obtrusive development/works. management; LSA-PO2 iii) The bulk and form of buildings and earthworks Protect specific topographic or natural and the ability of development to blend with features of significant scenic/landscape the landscape; significance. iv) The impact of materials, finishes and colours of buildings on the landscape setting; and

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16 March 2021 v) Whether existing native or significant exotic vegetation within the corridor is managed to retain the visual values of the tourism route. LSA-A04 Planning schemes may identify visually significant topographic, natural features and landscapes (e.g. Cataract Gorge) in an overlay, including objectives and discretionary criteria relating to the visual impact of use and development. Response: The site currently is not affected by a scenic management overlay.

While limited vegetation remains on site, no clearing is proposed and the ‘no build zone’ which will be required if the development is approved will further restrict any clearing.

Subsequently, the amendment is considered directly consistent with LSA-P01 and LSA-P02

9.5 Northern Tasmania Housing Study

The Northern Tasmania Housing Study, undertaken by Geographia in 2014, evaluates housing needs in Northern Tasmania, and provides strategic advice on residential housing development until 2031. The study looks at ideal location, form and initiatives which can create a more innovative housing market across the northern region. The Study adopts a low, steady population growth rate scenario which aligns with the State Government’s medium growth scenario developed by the Department of Treasury and Finance. This is based on a declining average annual growth rate having a long term average of 0.5% to 2031. It indicates that the region will have an additional 15,611 persons by 2031.

The future demand for dwellings identified in the Study is higher than the medium population scenario. This is due to factors applied to take into account decreasing household sizes and an apparent variability in housing preference, which suggests a divergence from current dwelling stock. The Study therefore indicates that between 18,259 and 28,761 additional dwellings will be required across the region by 2031, including between 4,324 and 4,596 in the West Tamar LGA.

The Study further indicates that a land supply of 11,829 lots is capable of being developed across the region (1,030 in West Tamar), which would be sufficient to accommodate the identified housing demand for a different mix, including more semi-detached houses, flats and apartments.

The Study recognises that demographic and migration patterns have also created the potential for niche market developments including lifestyle housing involving land in the Low Density Residential and Rural Living zones. It identifies that the land on the western side of the Tamar River extending to Beaconsfield as an area having high suitability for lifestyle housing given the proximity to transport and infrastructure corridors.

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Approximate location of site

Figure 11 - Service Accessibility in Greater Launceston Urban Area for Greenfield Housing (Source: Geographia - Northern Tasmanian Housing Study 2014)

Figure 11 shows that the subject site is considered to have a relatively high service accessibility rating for greenfield housing sites. The study notes that areas contiguous to existing urban areas will generally have higher levels of infrastructure provisions and will thus benefit from more cost-effective infrastructure.

The subject site appears consistent with all of the above provisions, in that it will allow for the subdivision of land into three lots, and provide for increased housing options in a location which provides accessibility to urban settlements and centres.

Subsequent to the data that this 2014 report has been based on, as anticipated the population of West Tamar has continued to grow with an increase of 4.13% from 2011 to 2016 as reflected in an overall population increase from 21,817 to 22,718 and a further increase to 2019 with an estimated resident population of 24,070.

The Study indicates that future housing should be responsive to demand and emerging markets for different housing types. Firstly, this is in order to reduce a mismatch between housing supply and demand, which creates inefficiency. The existence of this mismatch gives rise to a higher housing demand than the other regional strategies. Secondly, Low Density and Rural Living zones can assist in driving population and economic growth. It indicates that low density housing should be provided in locations that are contiguous with existing urban areas.

The proposed amendment will provide a relatively small supply of Rural Living lots with a site that is contiguous with an existing urban area with an established large-lot subdivision pattern.

It will provide for better use of existing services and infrastructure. It will also assist in satisfying a demand in a niche market for lifestyle housing in a key area in the West Tamar LGA identified as having high level of suitability for this type of development.

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16 March 2021 9.6 Gas Pipelines Act The gas pipeline corridor is located more than 6km from the site. The application will therefore have no impact or relevance on the Gas Pipelines Act 2000.

PART B – DEVELOPMENT APPLICATION - THREE LOT SUBDIVISION

This section provides an assessment of the three lot subdivision against the Interim Planning Scheme 2013 standards.

Zone Assessment

The subject site is within the Rural Living zone.

13.1 Zone Purpose 13.1.1 Zone Purpose Statements 13.1.1.1 To provide for residential use or development on large lots in a rural setting where services are limited. 13.1.1.2 To provide for compatible use and development that does not adversely impact on residential amenity. 13.1.1.3 To provide for rural lifestyle opportunities in strategic locations to maximise efficiencies for services and infrastructure. 13.1.1.4 To provide for a mix of residential and low impact rural uses. Comment: The proposal seeks to create two additional large lots consistent with the zone purpose.

13.1.2 Local Area Objectives To provide for a range of development activities that does not prejudice the interests of agricultural producers in the vicinity.

To ensure the location of rural residential use and development does not prejudice the long-term availability and management of natural resources

To minimise site disturbance and impact of the building on the landscape.

To use building materials and finishes that complement the dominant patterns within the

landscape. Comment: The site is not adjacent to any agricultural uses.

Rural Living and likely future use for residential purposes is consistent with the objectives. No vegetation is proposed to be removed as part of this application.

13.4 Development Standards

13.4.2 Subdivision Objective To ensure that subdivision: a) Provides for appropriate wastewater disposal, and stormwater management in consideration of the characteristics or constraints of the land; and b) Provides area and dimensions of lots that are appropriate for the zone; and c) Provides frontage to a road at a standard appropriate for the use; and d) Furthers the local area objectives and desired future character statements for the area, if any. Comment: The applicant has provided a Preliminary Wastewater Assessment prepared by Geoton Pty Ltd which states that effluent disposal can be accommodated with Aerated Wastewater Treatment Systems (AWTS) with subsurface drainage. Setbacks and a requirement to be outside the ‘no build zone’ are also included in the assessment. The lot sizes proposed are 8 000m2 (lot 1), 8 000 m2 (Lot 2) and 8 630m2 (Lot 3) noting a significant part of Lot 3, around 5 400m2, is included in the ‘no build zone’. A minimum lot size is not included in the Interim Planning Scheme with subdivision of existing lots for residential purposes effectively prohibited.

The Draft Local Provisions Schedule includes the site in the Rural Living A Zone with the Tasmanian Planning Scheme (TPS) specifying a 1ha minimum lot size with the ability to reduce

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16 March 2021 the lot size by 20% if the performance criteria is met. An assessment against the TPS is included later in this report.

Acceptable Solutions Performance Criteria A1.1 Each lot must: P1.1 Each lot must be to facilitate protection a) required for public use by the Crown, an of a place of Aboriginal, natural or agency, or a corporation all the shares of cultural heritage; or which are held by Councils or a municipality; P1.2 Subdivision for boundary adjustment or not creating additional lots may be b) for the provision of utilities; or approved, having regard to: c) for the consolidation of a lot with another lot a) the size, shape and orientation of the with no additional titles created; or lots; d) to align existing titles with zone boundaries b) changes to the setbacks to any existing and no additional lots are created; or buildings; e) Subdivision of CT 233372/1 in accordance c) consistency with the zone purpose; with permit number PA2016118, effective 20 d) constraints caused by the existing October 2016. buildings or improvements on the site; A1.2 Each lot must have new boundaries aligned and from buildings that satisfy the relevant e) changes to the existing frontage of lots. acceptable solutions for setbacks. Comment: Does not comply, however when there is an amendment to the planning scheme requested, the application for a planning permit must be assessed as though the amendment was approved. The text amendment seeks to include a clause (similar to A1.1(e) above) which refers to the proposed plan of subdivision.

If the amendment is approved, the application would comply with the acceptable solution. A2.1 Each lot must have a frontage of at least: P2 Subdivision must be for boundary a) 50m; or adjustment and provide frontage to each b) 10m to a cul-de-sac head; or lot which can reasonably accommodate c) 3.6m where lots are for services; or development within the zone, having A2.2 Subdivision must be for a boundary regard to: adjustment and must not reduce frontage a) the existing frontage and access below: arrangements for each lot; a) that which existed as at the effective b) the proposed frontage and access for date; or each lot; b) the requirements of A2.1. c) the nature and extent of the change within the proposed adjustment; d) the ability of lots to provide physical frontage; and e) the ability of the resultant lots to meet the requirements of E6 Car Parking and Sustainable Transport Code. Officer comment: Complies with A2.1 - proposed lot frontages are:  Lot 1 = 54.9m  Lot 2 = 54m  Lot 3 = 10m (to cul-de-sac head)

Tasmanian Planning Scheme - Rural Living Zone

Given the draft Local Provisions Schedule are now on public exhibition an assessment against the Rural Living provisions under the Tasmanian Planning Scheme has also been undertaken.

This takes into account the 'Coty Principle' which allows the Planning Authority to give weight to new laws and policies. It derives from a now well-known case of Coty (England) Pty Ltd -v- Sydney City Council (1957) 2 LGRA 117 and provides that weight may be given to a new planning instrument.

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16 March 2021 Essentially the principle provides that the new planning instrument should receive more weight the further advanced it is through the legislative path. That means that if the new planning instrument has undergone public exhibition period or is close to adoption it should receive considerable weight.

Consequently, a Planning Authority is entitled to take into account its proposed planning scheme when assessing a development application. If proposed development conflicts with the proposed scheme then a Council assessment manager is entitled to give substantial weight to its new document. Conversely, if the new scheme favours a development project, the Council ought to facilitate approval even if there is some conflict with the current scheme.

11.5 Development Standards for Subdivision

11.5.1 Lot design

Objective: That each lot: (a) has an area and dimensions appropriate for use and development in the zone; (b) is provided with appropriate access to a road; and (c) contains areas which are suitable for residential development. Acceptable Solutions Performance Criteria A1 P1 Each lot, or a lot proposed in a plan of Each lot, or a lot proposed in a plan of subdivision, must: subdivision, excluding for public open space, a (a) have an area not less than specified in riparian or littoral reserve or Utilities, must have Table 11.1 and: sufficient useable area and dimensions suitable (i) be able to contain a minimum area of for its intended use, having regard to: 15m x 20m clear of: a. all setbacks (a) the relevant requirements for development of required by clause 11.4.2 A2 and A3; existing buildings on the lots; and b. easements or other title (b) the intended location of buildings on the lots; restrictions that limit or restrict (c) the topography of the site; development; and (d) any natural or landscape values; (ii) existing buildings are consistent with (e) adequate provision of private open space; the setback required by clause 11.4.2 and A2 and A3; (f) the pattern of development existing on (b) be required for public use by the Crown, a established properties in the area, and must council or a State authority; be no more than 20% smaller than the (c) be required for the provision of Utilities; or applicable lot size required by clause 11.5.1 (d) be for the consolidation of a lot with another A1. lot provided each lot is within the same zone. For Rural Living A= 1ha Officer comment: Does not meet the acceptable solution as the lots are under 1ha and therefore requires assessment against the performance criteria.

Each proposed lot has a sufficient usable area. The application material, including the proposal plan, landslide risk assessment, preliminary wastewater assessment and bushfire management plan demonstrate a dwelling and associated infrastructure can be accommodated on the sites. This also takes into account the topography of the land and required no-build zone to address landslide risk, bushfire attenuation, and private open space. The lot size smaller than 1ha would not be seen to be inconsistent with the pattern of development in the area with a mix of lot sizes, and along the western side of Ridge Road, smaller residential lots historically developed.

Each lot is at least 8000m2 which is 20% smaller than the applicable lot size. A2 P2 Each lot, or a lot proposed in a plan of Each lot, or a lot proposed in a plan of subdivision, excluding for public open space, subdivision, must be provided with a frontage or a riparian or littoral reserve or Utilities, must legal connection to a road by a right of have a frontage not less than 40m. carriageway, that is sufficient for the intended use, having regard to: (a) the width of frontage proposed, if any;

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16 March 2021 (b) the number of other lots which have the land subject to the right of carriageway as their sole or principal means of access; (c) the topography of the site; (d) the functionality and useability of the frontage; (e) the ability to manoeuvre vehicles on the site; and (f) the pattern of development existing on established properties in the area, and is not less than 3.6m wide. Officer comment: Proposed Lot 3 does not meet the acceptable solution so requires assessment against the performance criteria. Proposed lots 1 and 2 both meet the frontage requirements.

Proposed Lot 3 accesses Ridge Road at the head of the cul de sac with a 10m frontage. This provides a legal connection to a road, is sufficient width to provide practical access, the topography is gently sloping and access will be functional and useable allowing for practical manoeuvrability.

It is also wider than 3.6m. A3 P3 Each lot, or a lot proposed in a plan of Each lot, or a lot proposed in a plan of subdivision, must be provided with a subdivision, must be provided with reasonable vehicular access from the boundary of the lot vehicular access to a boundary of a lot or building to a road in accordance with the requirements area on the lot, if any, having regard to: of the road authority. (a) the topography of the site; (b) the length of the access; (c) the distance between the lot or building area and the carriageway; (d) the nature of the road and the traffic; (e) the anticipated nature of vehicles likely to access the site; and (f) the ability for emergency services to access the site. Officer comment: A recommended condition of approval will be the construction of a vehicle access to Lots 2 and 3 in accordance with the appropriate standard. ‘ Code Assessment

Applicable Codes E1 Bushfire-Prone Areas Code E3 Landslip Code E4 Road and Railway Assets Code E6 Car Parking and Sustainable Transport Code (Applies to all applications) E8 Biodiversity Code E9 Water Quality Code

E1.0 Bushfire Prone Areas Code E1.1 Purpose of the Bushfire-Prone Areas Code E1.1.1 The purpose of this code is to ensure that use and development is appropriately designed, located, serviced, and constructed, to reduce the risk to human life and property, and the cost to the community, caused by bushfires.

Comment: A Bushfire Hazard Assessment Report and Bushfire Hazard Management Plan has been prepared for the site by Rebecca Green & Associates, a certified practitioner, which has found that subject to bushfire protection measures the site has adequate bushfire protection.

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E1.6 Development Standards

E1.6.1 Subdivision: Provision of hazard management areas Objective: Subdivision provides for hazard management areas that: a) facilitate an integrated approach between subdivision and subsequent building on a lot; b) provide for sufficient separation of building areas from bushfire-prone vegetation to reduce the radiant heat levels, direct flame attack and ember attack at the building area; and c) provide protection for lots at any stage of a staged subdivision. Comment: The subdivision is consistent with the above objective regarding the provision of hazard management areas. A1 (a) TFS or an accredited person certifies that there is an insufficient increase in risk from bushfire to warrant the provision of hazard management areas as part of a subdivision; or (b) The proposed plan of subdivision: (i) shows all lots that are within or partly within a bushfire-prone area, including those developed at each stage of a staged subdivision; (ii) shows the building area for each lot; (iii) shows hazard management areas between bushfire-prone vegetation and each building area that have dimensions equal to, or greater than, the separation distances required for BAL 19 in Table 2.4.4 of Australian Standard AS 3959 - 2009 Construction of buildings in bushfire-prone areas; and (iv) is accompanied by a bushfire hazard management plan that addresses all the individual lots and that is certified by the TFS or accredited person, showing hazard management areas equal to, or greater than, the separation distances required for BAL 19 in Table 2.4.4 of Australian Standard AS 3959 - 2009 Construction of buildings in bushfire-prone areas; and (c) If hazard management areas are to be located on land external to the proposed subdivision the application is accompanied by the written consent of the owner of that land to enter into an agreement under section 71 of the Act that will be registered on the title of the neighbouring property providing for the affected land to be managed in accordance with the bushfire hazard management plan. Comment: Acceptable solution achieved. The Bushfire Report and Hazard Management Plan shows all lots that are within a bushfire prone area, along with indicative building areas for each lot. The Hazard Management Plan shows that separation distances required for BAL 12.5 or BAL 19 can be provided within the individual lot boundaries.

A certificate stating that the proposal complies with E1.6.1 has been included with the application.

The proposal complies with the acceptable solution.

E1.6.2 Subdivision: Public and firefighting access Objective: Access roads to, and the layout of roads, tracks and trails, in a subdivision: (a) allow safe access and egress for residents, fire fighters and emergency service personnel; (b) provide access to the bushfire-prone vegetation that enables both property to be defended when under bushfire attack and for hazard management works to be undertaken; (c) are designed and constructed to allow for fire appliances to be manoeuvred; (d) provide access to water supplies for fire appliances; and (e) are designed to allow connectivity, and where needed, offering multiple evacuation points. Comment: The subdivision is consistent with the objective as it does not propose any new roads and

facilitates the construction of a cul de sac head that allows for turning of vehicles.

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16 March 2021 A1 (a) TFS or an accredited person certifies that there is an insufficient increase in risk from bushfire to warrant specific measures for public access in the subdivision for the purposes of firefighting; or (b) A proposed plan of subdivision showing the layout of roads, fire trails and the location of property access to building areas is included in a bushfire hazard management plan that: (i) demonstrates proposed roads will comply with Table E1, proposed private accesses will comply with Table E2 and proposed fire trails will comply with Table E3; and (ii) Is certified by the TFS or accredited person. Comment: Acceptable solution achieved. The Bushfire Report and Hazard Management Plan shows that the layout of roads, fire trails, and the location of property accesses to building areas will be in compliance with Table E1, Table E2.

A certificate stating that the proposal complies with E1.6.2 has been included with the application.

The proposal complies with the acceptable solution.

E1.6.3 Subdivision: Provision of water supply for fire fighting purposes Objective: Adequate, accessible and reliable water supply for the purposes of fire fighting can be demonstrated at the subdivision stage and allow for the protection of life and property associated with the subsequent use and development of bushfire-prone areas. Comment:

The subdivision is consistent with the above objective regarding public and firefighting access. A1 In areas serviced with reticulated water by the water corporation: a) TFS or an accredited person certifies that there is an insufficient increase in risk from bushfire to warrant the provision of a water supply for fire fighting purposes; b) A proposed plan of subdivision showing the layout of fire hydrants, and building areas, is included in a bushfire hazard management plan approved by the TFS or accredited person as being compliant with Table E4; or c) A bushfire hazard management plan certified by the TFS or an accredited person demonstrates that the provision of water supply for fire fighting purposes is sufficient to manage the risks to property and lives in the event of a bushfire. Comment: Acceptable solution achieved. The Bushfire Report and Hazard Management Plan shows a layout of fire hydrants and building areas is compliant with Table E4.

A certificate stating that the proposal complies with E1.6.3 has been included with the application.

The proposal complies with the acceptable solution. A2 In areas that are not serviced by reticulated water by the water corporation: a) The TFS or an accredited person certifies that there is an insufficient increase in risk from bushfire to warrant provision of a water supply for fire fighting purposes; b) The TFS or an accredited person certifies that a proposed plan of subdivision demonstrates that a static water supply, dedicated to fire fighting, will be provided and located compliant with Table E5; or c) A bushfire hazard management plan certified by the TFS or an accredited person demonstrates that the provision of water supply for fire fighting purposes is sufficient to manage the risks to property and lives in the event of a bushfire. Comment: Not applicable - connected to reticulated water.

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16 March 2021 E3.0 Landslip Code E3.1 Purpose of the Code E3.1.1 The purpose of this provision is to:  ensure that use and development subject to risk from land instability is appropriately located and that adequate measures are taken to protect human life and property; and  ensure that use and development does not cause, or have the cumulative potential to cause an increased risk of land instability. Comment: The application is consistent with the purpose of the code. A landslide risk assessment has been provided and forms part of the application documentation. The assessment concludes that use and development is appropriately located away from any landslide risk, subject to a no-build zone, installation of appropriate drainage and recommendations for development outside the no build

zone.

Figure 12 - Landslip Planning Scheme Overlay Maps Figure 13 - Landslip Hazard Bands (Source: LISTMAP) (Source: West Tamar Interim Planning Scheme 2013)

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Figure 14 – Recommended ‘No Build Zone’ and site characteristics (Source: Geoton Landslide Risk Assessment report)

E3.6 Development Standards

E3.6.1 Development on Land Subject to Risk of Landslip Objective: To ensure that development is appropriately located through avoidance of areas of landslip risk, or where avoidance is not practicable, suitable measures are available to protect life and property. Comment: The subdivision is consistent with the above objective regarding landslip risk. A1 No acceptable solution. P1 Development must demonstrate that the risk to life and property is mitigated to a low or very low risk level in accordance with the risk assessment in E3.6.2 through submission of a landslip risk management assessment. Comment:

Performance criteria is addressed as there is no acceptable solution. Geoton have provided a landslide risk assessment as part of the application.

The report states that the area along the northern site boundary is unacceptable. A ‘No Build Zone’ and a series of recommendations have been included to ensure the subdivision, and subsequent development of the site, achieves a tolerable level of risk (figure 14).

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16 March 2021 A risk assessment was undertaken as part of the landslip risk assessment report. The report concludes that the risk associated with the development is classified as LOW for risk to property and TOLERABLE for risk to life.

A Peer Review was also completed by Willows Engineering which accepted the findings of Geoton and made recommendations about development controls. These have been included in recommended conditions for the planning permit.

The proposal satisfies the performance criteria.

E4 Road and Railway Assets Code E4.1 Purpose of the Code E4.1.1 The purpose of this provision is to:  ensure that use or development on or adjacent to a road or railway will not compromise the safety and efficiency of the road or rail network; and  maintain opportunities for future development of road and rail infrastructure; and  reduce amenity conflicts between roads and railways and other use or development. Comment: The application is consistent with the purpose of the code. A Traffic Impact Statement has been provided with the application.

The Statement concludes that the development will not compromise the safety and efficiency of the road network.

E4.6 Use Standards

E4.6.1 Use and road or rail infrastructure Objective a) To ensure that the safety and efficiency of road and rail infrastructure is not reduced by the creation of new accesses and junctions or increased use of existing accesses and junctions. Comment: The application is consistent with the objective. A1 Sensitive use on or within 50m of a category 1 or 2 road, in an area subject to a speed limit of more than 60km/h, a railway or future road or railway, must not result in an increase to the annual average daily traffic (AADT) movements to or from the site by more than 10%. Comment: Not applicable. The subdivision is not within 50m of a category 1 or 2 road, or in an area subject to a speed limit of more than 60km/h, or near a railway or future road. A2 For roads with a speed limit of 60km/h or less the use must not generate more than a total of 40 vehicle entry and exit movements per day Comment: The development will not generate more than 40 vehicle entry and exit movements per day. The proposal complies with the acceptable solution. A3 For roads with a speed limit of more than 60km/h the use must not increase the annual average daily traffic (AADT) movements at the existing access or junction by more than 10%. Comment: Not applicable, Ridge Road has a speed limit of 60km/hr

E4.7 Development Standards E4.7.1 Development on and adjacent to Existing and Future Arterial Roads & Railways Objective To ensure that development on or adjacent to class 1 or 2 roads (outside 60km/h), railways and future roads and railways is managed to: a) ensure the safe and efficient operation of roads and railways; and b) allow for future road and rail widening, realignment and upgrading; and c) avoid undesirable interaction between roads and railways and other use or development. Comment: Not applicable to this application.

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16 March 2021 A1 The following must be at least 50m from a railway, a future road or railway, and a category 1 or 2 road in an area subject to a speed limit of more than 60km/h: a) new road works, buildings, additions and extensions, earthworks and landscaping works; and b) building areas on new lots; and c) outdoor sitting, entertainment and children’s play areas Comment: Not applicable. The area is not subject to a speed limit of more than 60km/h.

E4.7.2 Management of Road Accesses and Junctions Objective To ensure that the safety and efficiency of roads is not reduced by the creation of new accesses and junctions or increased use of existing accesses and junctions. Comment: The application is consistent with the objective. A1 For roads with a speed limit of 60km/h or less the development must include only one access providing both entry and exit, or two accesses providing separate entry and exit. Comment:

Acceptable solution achieved. The development creates two additional lots and each will be provided with a single crossover to allow for combined entry and exit. Located at the end of Ridge Road, which is straight and provides for appropriate sight distances, the proposal maintains an acceptable level of safety for road users.

The proposal complies with the acceptable solution. A2 For roads with a speed limit of more than 60km/h the development must not include a new access or junction. Comment: Not applicable. Ridge Road does not have a speed limit of more than 60km/h.

E4.7.3 Management of Rail Level Crossings

Comment: This clause hasn’t been addressed as there are no rail level crossings in the vicinity of the development.

E4.7.4 Sight Distance at Accesses, Junctions and Level Crossings Objective To ensure that use and development involving or adjacent to accesses, junctions and level crossings allows sufficient sight distance between vehicles and between vehicles and trains to enable safe movement of traffic. Comment: The application is consistent with the objective. A1 Sight distances at a) an access or junction must comply with the Safe Intersection Sight Distance shown in Table E4.7.4; and b) rail level crossings must comply with AS1742.7 Manual of uniform traffic control devices - Railway crossings, Standards Association of Australia; or c) If the access is a temporary access, the written consent of the relevant authority has been obtained. Comment: Acceptable solution achieved. The relevant site distance required by Table E4.7.4 is 105m.

The TIS indicates that there will be adequate site distances at the proposed access points, between 110m and 150m. Each access point associated with individual lots will ensure adequate site distances.

The proposal complies with the acceptable solution.

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16 March 2021 E6.0 Car Parking and Sustainable Transport Code The car parking and sustainable transport code applies to all use and development. Each of the proposed lots will have sufficient and useable area to provide appropriate parking and manoeuvring space. Future residential development of the land will be required to address the relevant criteria of the code as part of any planning application.

E8.0 Biodiversity Code E8.1 Purpose of the Code E8.1.1 The purpose of this provision is to: a) protect, conserve and enhance the region’s biodiversity in consideration of the extent, condition and connectivity of critical habitats and priority vegetation communities, and the number and status of vulnerable and threatened species; and b) ensure that development is carried out in a manner that assists the protection of biodiversity by: i) minimising vegetation and habitat loss or degradation; and ii) appropriately locating buildings and works; and iii) Offsetting the loss of vegetation through protection of other areas where appropriate. Comment: The application is consistent with the purpose of the code. A Flora and Fauna report was not provided with the application however the vegetation on site is along the northern boundary and no removal of vegetation is proposed as part of the application.

Further, if approved, the development will be subject to a ‘no build zone’ which will also restrict the removal of vegetation in this area.

E8.5 Use Standards There are no use standards

E8.6 Development Standards

E8.6.1 Habitat and Vegetation Management Objective To ensure that: a) vegetation identified as having conservation value as habitat has priority for

protection and is appropriately managed to protect those values; and b) The representation and connectivity of vegetation communities is given appropriate protection when considering the impacts of use and development. Comment: The application is consistent with the objective. A1.1 Clearance or disturbance of priority habitat is in accordance with a certified Forest Practices Plan or; A1.2 Development does not clear or disturb native vegetation within areas identified as priority habitat. Comment: Not applicable, no clearing or disturbance of native vegetation is proposed as part of the application. A2 Clearance or disturbance of native vegetation is in accordance with a certified Forest Practices Plan. Comment: Not applicable, no clearing proposed.

E9.0 Water Quality Code E9.1 Purpose of the Code E9.1.1 The purpose of this provision is to: a) consider the impacts of development to limit adverse effects on the following: i) wetland and watercourse ecosystems; and ii) flow regimes, water levels, biological activity and physical characteristics; and iii) the variety of flora and fauna; and iv) the role of wetlands and watercourses for water supply, flood mitigation, environmental protection, water regulation and nutrient filtering, as resources for recreational activities and as attractive features in the landscape; and b) improve the sustainable management of surface water through development.

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16 March 2021 Comment: The application is consistent with the purpose of the code.

E9.6 Development Standards

E9.6.1 Development and Construction Practices and Riparian Vegetation To protect the hydrological and biological roles of wetlands and watercourses from Objective the effects of development. Comment: The application is consistent with the objective. A1 Native vegetation is retained within: a) 40m of a wetland, watercourse or mean high water mark. Comment:

The application does not propose any removal of vegetation.

The proposal complies with the acceptable solution. A2 A wetland must not be filled, drained, piped or channelled. Comment: No disturbance of wetlands is proposed.

The proposal complies with the acceptable solution. A3 A watercourse must not be filled, piped or channelled except to provide a culvert for access purposes. Comment:

The proposal does not propose to fill, pipe or channel the existing watercourse on the site. The proposal complies with the acceptable solution

E9.6.2 Water Quality Management Objective To maintain water quality at a level which will not affect aquatic habitats, recreational assets, or sources of supply for domestic, industrial and agricultural uses. Comment:

The application is consistent with the objective. A1 All stormwater must be: a) connected to a reticulated stormwater system; or b) where ground surface runoff is collected, diverted through a sediment and grease trap or artificial wetlands prior to being discharged into a natural wetland or watercourse; or c) diverted to an on-site system that contains stormwater within the site. Comment: Acceptable solution achieved. The development will provide for connections to Council’s stormwater easement along the eastern property boundary. An easement will traverse proposed lot 3 to provide connection to the stormwater channel from proposed lot 2.

The proposal complies with the acceptable solution. A2.1 No new point source discharge directly into a wetland or watercourse. A2.2 For existing point source discharges into a wetland or watercourse there is to be no more than 10% increase over the discharge which existed at the effective date. Comment: No new point of discharge is proposed and no discharge will occur directly into a wetland or watercourse.

The proposal complies with the acceptable solutions.

E9.6.3 Construction of Roads Comment: This clause hasn’t been addressed as there is no construction of roads proposed.

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E9.6.4 Access Objective To facilitate appropriate access at suitable locations whilst maintaining the ecological, scenic and hydrological values of watercourses and wetlands. Comment: Not applicable. The clause relates to access to wetlands and watercourses. There are no accesses or pathways proposed to the wetland or watercourse as part of the application. This clause is therefore not applicable.

E9.6.3 Sediment and Erosion Control

Objective To minimise the environmental effects of erosion and sedimentation associated with the subdivision of land. Comment: The application is consistent with the objective. A1 The subdivision does not involve any works. P1 For subdivision involving works, a soil and water management plan must demonstrate the: 1. minimisation of dust generation from susceptible areas on site; and 2. management of areas of exposed earth to reduce erosion and sediment loss from the site. Comment: Performance criteria is relied upon. A soil and water management plan (SWMP) is required as one of the conditions. The SWMP requires Council approval prior to any works occurring onsite.

The proposal satisfies the performance criteria

11) Strategic/Annual Plan/Council Policy

The proposal is consistent with Council’s Strategic and Annual Plans and policies (Note - How the application aligns with Councils Strategic Plan is addressed in section 9.3 of this report)

12) State Policies

The proposal is consistent with the intent of all State Policies. (Note - How the application aligns with State Policies is addressed in section 9.2 of this report)

13) Objectives of the Land Use Planning and Approvals Act 1993

The proposal is consistent with the objectives of the Land Use Planning and Approvals Act 1993 as has been outlined in this report.

14) Government Consultation

The application did not require State Government referral.

Should Council initiate the amendment, a copy of the Draft amendment will be provided to the Tasmanian Planning Commission within 7 days.

Other agencies will have opportunity to comment during the 28 day public advertising period.

15) Financial Impact

Financial considerations of the amendment are addressed through normal statutory processes.

The subdivision will result in two additional rateable residential lots.

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16) Alternative Options

The planning authority may initiate the amendment, or refuse to initiate the amendment.

The planning authority may grant the application for permit subject to conditions, or refuse to grant the application for permit.

17) Conclusion

The application seeks to make a text amendment to the Rural Living Zone to enable subdivision of 75 Ridge Road Legana into 3 lots plus road widening.

This proposal also includes a three lot residential subdivision in PA2020448 for the subject site 75 Ridge Road, Legana (CT89041/1)

The amendment and planning permit application has been assessed to be consistent with requirements of the Land Use Planning and Approvals Act 1993 as set out in this report.

The planning permit application satisfies all the relevant provisions of the Scheme, including the code provisions and any performance criteria.

Both the scheme amendment and proposed subdivision are assessed as having merit and are subsequently recommended for initiation.

18) Attachments

1. Proposal Plan - 75 Ridge Road 2. Instrument of Certification AMD04/20 - 75 Ridge Road, Legana.

ASSESSING OFFICER: Michelle Riley MUNICIPAL PLANNER

DECISION

Moved Cr Woinarksi seconded Cr Kearney that Council:

1. Pursuant to Sections 33(3) and 34 of the former provisions of the Land Use Planning and Approvals Act 1993 initiate DRAFT amendment AMD04/20 to the West Tamar Interim Planning Scheme 2013 and certify the amendment in accordance with Section 35 of the Act to amend the ordinance of the West Tamar Interim Planning Scheme 2013 by amending the Rural Living zone use table at clause 13.4.2 Subdivision, A1.1 by inserting the following as an acceptable solution:  Subdivision of folios of the Register 89041/1 in accordance with permit number PA2020448, effective .

2. Provide delegation under Section 6(3) of the Land Use Planning and Approvals Act 1993 to the Municipal Planner to submit a report to the Tasmanian Planning Commission pursuant to section 39 of the Act where no representations are received to the notification of the amendment;

3. Pursuant to section 43F of the Land Use Planning and Approvals Act 1993, approves PA2020448 for a three Lot Subdivision at 75 Ridge Road, Legana (CT 89041/1) subject to the following conditions:

1. ENDORSED PLANS The use and development must be carried out in accordance with the following endorsed plans and documents to the satisfaction of the Planning Authority except where modified by the permit conditions below:

a) Proposed Subdivision prepared by D.J. McCulloch Surveying, Plan Number 3120- 01DA R2, dated 29/01/2021;

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16 March 2021 b) Landslide Risk Assessment, Preliminary Wastewater Assessment and Site Classification prepared by Geoton Pty Ltd, Reference No. GL182384Ad, dated 1 February 2021; and c) Bushfire Hazard Assessment Report & Bushfire Hazard Management Plan, prepared by Rebecca Green & Associates, job Number RGA-B1580, dated 14 February 2021.

2. LANDSLIDE RISK a) Prior to the commencement of any works on site the ‘No Build Zone’ is to be accurately surveyed on site in accordance with the Landslide Risk Assessment, reference number GL18234Ad, completed by Geoton Pty Ltd dated 1 February 2021. b) The Final Survey Diagram for lots 1, 2 and 3 must clearly indicate the ‘No Build Zone’ and restrictions for the remainder of the land in accordance with the recommendations of the Landslide Risk Assessment, Preliminary Wastewater Assessment and Site Classification prepared by Geoton Pty Ltd, Reference No. GL182384Ad, dated 1 February 2021 including:

No Build Zone  No buildings or structures are to be located within the ‘No Build Zone’.  No cut or fill earthworks are to be located within the ‘No Build Zone’ and fill is not to be placed in close proximity and no closer than 1m to the ‘No Build Zone’  Existing trees located in the ‘No Build Zone’ are not permitted to be removed  On-site wastewater disposal systems must NOT be located within the “No Build Zone”

Areas outside the ‘No Build Zone’  Development including buildings, cuts and fills and drainage must be undertaken having regard to the recommendations of the Landslide Risk Assessment, Preliminary Wastewater Assessment and Site Classification prepared by Geoton Pty Ltd, Reference No. GL182384Ad, dated 1 February 2021. Specific regard must be given to the following recommendations:

Cuts and Fills: - No cut or fill earthworks are to be located within the ‘No Build Zone’ and fill is not to be placed in close proximity and no closer than 1m to the ‘No Build Zone’ - Cuts and fills are to be minimised in areas outside the ‘No Build Zone’, and where less than 1.0m in height may have batters at slope angles no steeper than 1 vertical to 2 horizontal (1V:3H), or alternatively these should be retained - Cuts and fills greater than 1.0m in height must be retained and reviewed by a suitably qualified and experienced geotechnical engineer and properly drained - Retaining walls greater than 1m in height must be designed by a suitably qualified and experienced engineer and properly drained - Surface Water and Cut off drains must be provided uphill of any retaining walls and cut/fill batters

Drainage: - Uncontrolled discharge of water onto the ground surface or through absorption trenches is NOT permitted - A stormwater drain and subsoil drainage has been installed in Lot 3 to service both Lot 2 and Lot 3. - Future development of Lot 2 must connect to the stormwater drain. - The stormwater drain and subsoil drainage will require regular monitoring and maintenance to ensure it is effectively draining water from the site. - Should any seepage or groundwater be encountered during site or footing excavations, subsoil drainage must be provided discharging to the stormwater drainage system - On-site wastewater disposal systems must NOT be located within the “No Build Zone” - On-site wastewater disposal systems must be provided by way of an Aerated Wastewater Treatment System (AWTS) and sub-surface (near surface) irrigation.

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16 March 2021 c) Geotechnical inspections are to be undertaken during the subdivision works as set out on the ‘for construction’ civil engineering drawings and specifications. d) A copy of the approved Landslide Risk Assessment must be on the site at all times and all workers on site must be made aware of the requirements and recommendations of this report. e) Prior to the sealing of the final plan, an accredited person must complete and submit to Council FORM G Geotechnical Declaration Final Geotechnical Certificate (Australian Geomechanics Vol 42 No 1 March 2007) confirming all development works have been carried out in accordance with the requirements of the approved Landslide Risk Assessment reference number GL20483Ac, completed by Geoton Pty Ltd dated 1 February 2021.

3. LOT 1 - ONSITE WATEWATER TREATEMENT AND DISPOSAL Prior to the sealing the final plan, all wastewater treatment and disposal associated with the dwelling on lot 1 must to be relocated to be within the boundaries of the lot.

4. SUBMISSION AND APPROVAL OF PLANS Prior to the commencement of the development of the site, detailed plans and specifications must be submitted to the council's Manager Infrastructure for approval. Such plans and specifications must: a) include all infrastructure works required by the permit or shown in the endorsed plans and specifications; b) incorporate the Geotechnical risk management requirements ‘good hillside construction practice’ in AGS GeoGuide LR8 c) be reviewed by a geotechnical engineer to confirm the proposed geotechnical hold points, short-term and long-term risk management actions, and items requiring geotechnical certification d) be prepared strictly in accordance with the Tasmanian Subdivision Guidelines applicable at the date of approval of the plans. These Guidelines are available at www.lgat.tas.gov.au & e) be prepared by a suitably qualified and experienced engineer or Engineering Consultancy.

5. CONSTRUCTION OF WORKS Prior to the sealing of the Final Plan, the private and public infrastructure works must be constructed in accordance with plans and specification approved by the Council's Manager Infrastructure. The required infrastructure works must be as shown in the application documents and endorsed plans or as modified by the approval of the detailed engineering drawings and specifications.

6. STORMWATER WORKS Stormwater works must include: a) Provision of a public drainage system with a connection for each lot into Council’s existing reticulation network or an approved legal discharge point. Any stormwater pipe that crosses through the landslide features or ‘no build zone’ shall be fully welded HDPE b) A subsurface drain, 1 metre deep and parallel to the site boundary, shall be installed to drain the soft and saturated area within the north-eastern portion of proposed lot 3 c) Surface water cut-off drains shall be installed upslope of the headscarps of the past and recent landslides to divert water away from the landslide affected areas d) Should any seepage or groundwater be encountered during site or footing excavations, subsoil drainage must be provided discharging to the stormwater drainage system

7. VEHICULAR CROSSINGS A single rural vehicular crossing must be provided for each lot within the subdivision including culvert and headwalls where necessary prior to the sealing of the Final Plan.

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8. SOIL AND WATER MANAGEMENT CONTROL PLAN Prior to the commencement of any works on site (including vegetation removal), a site management plan must be submitted detailing how soil and water is to be managed on the site during the construction process to prevent the escape of soil and sediments beyond site boundaries. This plan must clearly set out the property owner’s obligations for erection, inspection and maintenance of all control measures approved. The management plan must include the following: a) Date and author b) Property boundaries, location of adjoining roads, impervious surfaces, underground services and existing drainage , contours, approximate grades of slope, directions of fall, north point and scale. c) General soil description. d) Location and types of all existing natural vegetation, location and amount of the proposed ground disturbance, the limit of clearing, grading and filling and the proposed location of soil, sand, topsoil and other material stockpiles. e) Critical natural areas such as drainage lines, cliffs, wetlands and unstable ground. f) Location of vegetation to be retained and removed. g) Location of stabilised site access. h) Initial and final contours, location of watercourses, surface drainage and existing stormwater infrastructure. i) Stormwater discharge point, if proposed. j) Location of all proposed temporary drainage control measures. k) Construction details - buildings or subdivision. l) Location and details of all proposed erosion control measures. m) Location and details of the measures to minimise dust escaping from the site n) Location and details of all proposed sediment control measures. o) A statement of who is responsible for establishing and maintaining erosion and sediment control measures. p) Site rehabilitation or revegetation/landscaping program q) The estimated dates for the start and finish of the works - including the installation sequence of the different erosion and sediment controls r) Any information required to address soil, water and dust control measures required to accommodate staging of the proposal s) Outline of the maintenance program for the erosion and sediment controls; this must include a weekly inspection as well as before and after every rain event and a reporting schedule to council.

Works must not commence prior to the approval of the Soil and Water Management Control Plan by Manager Infrastructure. The approved Plan must be implemented with the commencement of works on site and maintained during construction to ensure that soil erosion and dust are appropriately managed to reasonably maintain amenity of adjoining and nearby properties. A copy of the approved Soil and Water Management Plan must be on the site at all times. All on ground workers must be aware of and understand the plan.

9. COMMENCED DEVELOPMENT STOP Where development has commenced on site and then stops for two weeks or more, interim stormwater, erosion and dust control measures must: a) be installed and maintained on site to the satisfaction of the Manager Infrastructure; b) Ensure that overland flows do not become a nuisance to adjoining properties or council’s infrastructure; c) be maintained until work recommences on site; and d) include a weekly inspection as well as before and after every rain event and a reporting schedule to council. Measures under this condition may require a revised Soil and Water Management Control Plan to be approved for the site.

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10. WORKS REQUIRED FOR EACH LOT IN A STAGE Prior to the sealing of the Final Plan each lot in a stage must be provided with the following infrastructure and/or services: a) A sealed vehicular crossing and driveway from the public road to the property boundary, b) A stormwater connection to the public drainage system.

11. CONSTRUCTION DOCUMENTATION At the time of practical completion of the infrastructure, Council must be provided with construction documentation sufficient to show that the works are completed in accordance with council standards and are locatable for maintenance or connection purposes. The construction documentation must consist of: a) An "as constructed" plan in accordance with council's standard requirements for as constructed drawings. b) A Closed Circuit Television inspection report for all stormwater mains constructed or incorporated in the works. c) Compaction and soil test results for all earthworks or pavement works. d) An engineer’s certificate that each component of the works comply with the approved engineering plans and council standards

12. COMPLETION OF WORKS All works must be carried out to council standards and to the satisfaction of the council's Infrastructure Manager and under the direct supervision of a civil engineer. Certification that all works have been carried out in accordance with the approved engineering design plans and to council standards will be required prior to issue of the Certificate of Practical Completion.

13. DEFECTS LIABILITY PERIOD A defects liability period of 12 months applies to all infrastructure required under this permit.

14. TASWATER The development must be in accordance with the Submission to Planning Authority Notice issued by TasWater (TWDA 2020/01968-WTC) attached.

15. EASEMENTS Easements are required over all Council and third party services located in private property. The minimum width of easements is detailed in the Tasmanian Subdivision Guidelines. A lesser width may be approved for a private service prior to the lodgement of a final plan of survey.

16. CONVEYANCE OF ROADS Any lots on the Final Survey Diagram for the relevant stage described as “public open space”, “public access way”, “road” or “to be acquired by the Highway Authority” must be transferred to the Council at no cost and must be accompanied by a Memorandum of Transfer to the West Tamar Council, together with all documentation in relation to discharges of any Mortgages, caveats or the like, and all relevant registrable dealings. This Transfer must be executed by the subdivider upon the issue of titles. The subdivider is responsible for all Land Titles Office and stamp duty fees and charges. The subdivider remains responsible for ensuring that any Land Titles Office requisitions are effectively resolved and must meet the costs of such requisitions.

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17. COVENANTS ON SUBDIVISIONS Covenants or similar restrictive controls must not be included on or otherwise imposed on the titles to the lots created by the subdivision permitted by this permit unless: a) Such covenants or controls are expressly authorised by the terms of this permit; or b) Such covenants or similar controls are expressly authorised by the consent in writing of the council. c) such covenants or similar controls are submitted for and receive written approval by council prior to submission of a Plan of Survey and associated title documentation is submitted to council for sealing.

18. FINAL SURVEY DIAGRAM a) The Final Survey Diagram and Schedule of Easements (and three copies) must be submitted for sealing, together with a copy of the Survey Notes. b) Unless this permit specifically provides otherwise, the Final Survey Diagram will not be sealed by Council and/or TasWater where applicable until all conditions of this permit have been satisfied. c) The Final Survey Diagram must include easements in favour of the Council (or other relevant public authority) over all infrastructure situated in non-public land. Easement widths must be determined by the Council and/or TasWater where applicable based on final services design location and depth. d) The Final Survey diagram must be endorsed to show any area that cannot be serviced by existing or new reticulated gravity stormwater.

Permit Notes

A. This permit was issued based on the proposal documents submitted for PA2020105. You should contact Council with any other use or developments, as they may require the separate approval of Council.

This permit takes effect after: a) the 14 day appeal period expires; or b) any appeal to the Resource Management and Planning Appeal Tribunal is abandoned or determined; or. c) any agreement that is required by this permit pursuant to Part V of the Land Use Planning and Approvals Act 1993 is executed; or d) any other required approvals under this or any other Act are granted.

This permit is valid for two (2) years only from the date of approval and will thereafter lapse if the development is not substantially commenced. An extension may be granted subject to the provisions of the Land Use Planning and Approvals Act 1993 as amended, by a request to Council.

B. This permit does not imply that any other approval required under any other by-law or legislation has been granted. At least the following additional approvals may be required before construction commences: (a) Plumbing permit (b) TasWater certificate (c) Applications for Works within Councils Road Reserve.

Restrictive Covenants C. The granting of this permit takes no account of any covenants applicable to the land. The permit holder and any other interested party, should make their own enquires as to whether the proposed development is effected, restricted or prohibited by any such covenant.

If the proposal is non-compliant with any restrictive covenants, those restrictive covenants should be removed from the title prior to construction commencing or the owner will carry the liability of potential legal action in the future.

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Threatened species D. This property contains threatened species. Permits are required under the Threatened Species Protection Act 1995 for any activities that may impact those species. Information can be found from:

The Conservation Assessments, Natural and Cultural heritage Division of the Department of Primary Industries, Parks, Water and Environment (www.dpipwe.tas.gov.au) phone: 03 6165 4417 or email: [email protected]; and Forest Practices Authority, web (www.fpa.tas.gov.au) or phone 6336 5300.

Aboriginal Heritage E. If any Aboriginal relics are uncovered during works; a. All works are to cease within a delineated area sufficient to protect the unearthed and other possible relics from destruction, b. The presence of a relic is to be reported to Aboriginal Heritage Tasmania Phone: (03) 6233 6613 or 1300 135 513 (ask for Aboriginal Heritage Tasmania) fax: (03) 6233 5555 email: [email protected]) (; and c. the relevant approval processes will apply with state and federal government agencies.

For: Crs, Allen, Ferguson, Holmdahl, Kearney, Lyons, Ireland, Shegog & Woinarski. Against Nil. CARRIED 8/0

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16 March 2021 ATTACHMENT 1 - PROPOSAL PLAN

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16 March 2021

ATTACHMENT 2 - INSTRUMENT OF CERTIFICATION

WEST TAMAR INTERIM PLANNING SCHEME 2013

AMENDMENT AMD 04/20

To amend the ordinance of the West Tamar Interim Planning Scheme 2013 by amending the Rural Living zone use table at clause 13.4.2 Subdivision as follows:

1. Inserting the following as an acceptable solution

A1.1… Or f) Subdivision of folios of the Register 89041/1 in accordance with permit number PA2020448, effective .

INSTRUMENT OF CERTIFICATION

The West Tamar Council resolved at its meeting of that draft amendment AMD 04/20 of the West Tamar Planning Interim Planning Scheme 2013 meets the requirements specified in Section 32 of the former provisions of the Land Use Planning and Approvals Act 1993.

Date:

The COMMON SEAL of the West Tamar Council was hereunto duly affixed in the presence of:-

………………………………….. …………………………….. Mayor General Manager

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