Title DRAFT AMENDMENT to BE INITIATED UNDER FORMER

Title DRAFT AMENDMENT TO BE INITIATED UNDER FORMER SECTION 34(1)(b) OF THE LAND USE PLANNING AND APPROVALS ACT 1993 TO AMEND THE ATTENUATION AREA OVERLAY OF THE HUON VALLEY INTERIM PLANNING SCHEME 2015 APPLICABLE TO THE CYGNET TREATMENT PLANT, 7321 CHANNEL HIGHWAY, CYGNET (CT: 157713/1)

Agenda Number 17.023/20*

Strategic Plan Reference 5

File Reference PSA-1/2020 Author Manager Development Services Responsible Officer Manager Development Services Reporting Brief The Director Environment and Development Services presenting a report from the Manager Development Services for a Draft Amendment to be initiated under former Section 34(1)(b) of the Land Use Planning and Approvals Act 1993 to amend the Attenuation Area Overlay of the Huon Valley Interim Planning Scheme 2015 applicable to the Cygnet Treatment Plant, 7321 Channel Highway, Cygnet (CT: 157713/1)

Applicant Huon Valley Council Planning Scheme Huon Valley Interim Planning Scheme 2015 Attachments A. Location Plan B. Draft Amendment C. Instrument of Certification D. Pitt & Sherry Report (2017) E. TasWater Notice dated 20-12-2019 (PSA-2/2017) F. TasWater correspondence dated 4 August 2020

INTRODUCTION 1. It is recommended that an amendment is initiated to the Huon Valley Interim Planning Scheme 2015 (“Planning Scheme”) to amend the Attenuation Area Overlay applicable to the Cygnet Treatment Plant, 7321 Channel Highway, Cygnet (CT: 157713/1) (“CTP”) operated by TasWater. The property is zoned Utilities under the Planning Scheme.

2. The proposed Draft Amendment (PSA-1/2020) is to be initiated under former Section 34(1)(b) of the Land Use Planning and Approvals Act 1993 (“Act”). Cygnet Treatment Plant and Attenuation Area Overlay

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Location of Cygnet Treatment Plant, Cygnet

Image 1: Location of 7321 Channel Image 2: Location of 7321 Channel Highway, Cygnet (LISTmap) Highway, Cygnet (Google Earth)

Current Attenuation Area Overlay

Image 3: Current Attenuation Area Overlay (LISTmap extract)

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PLANNING SCHEME AMENDMENT

BACKGROUND

3. Under the transitional legislative provisions of the current Land Use Planning and Approvals Act 1993 (Schedule 6), the Draft Amendment is required to be assessed under former provisions of the Act that applied until 16 December 2015.

4. The transitional provisions apply until completion of the implementation of a Local Provisions Schedule that will apply to the Huon Valley municipal area as part of the Tasmanian Planning Scheme. Both the former provisions and current provisions of the Act can be viewed on the following website: https://www.legislation.tas.gov.au/

Attenuation Code of the Planning Scheme (E9.0) 5. Under the Planning Scheme, sensitive use means a residential use or a use involving the presence of people for extended periods except in the course of their employment, such as in a caravan park, childcare centre, dwelling, hospital or school.

6. The Attenuation Code (E9.2.1) applies to: (a) development or use that includes the activities listed in Table E9.1 and E9.2 in a zone other than the Light Industrial, General Industrial or Port and Marine Zone; (b) development or use for sensitive use, including subdivision intended for sensitive use, (i) on land within an Attenuation Area shown on the planning scheme maps, or (ii) on land within the relevant attenuation distance from an existing or approved (permit granted) activity listed in Tables E9.1 and E9.2 if no Attenuation Area is shown on the planning scheme maps and that activity is not located in the Light Industrial, General Industrial or Port and Marine Zone.

7. The purposes of the Attenuation Code are to:  minimise adverse effect on the health, safety and amenity of sensitive use from uses with potential to cause environmental harm; and  minimise likelihood for sensitive use to conflict with, interfere with or constrain uses with potential to cause environmental harm.

Assessment of an application for use, development or for a subdivision 8. Assessment of applications for use, development or residential subdivision may require consideration of the Attenuation Code in some circumstances. If so, the assessment will need to consider the potential for ‘environmental harm’ to arise.

9. Environmental harm is described in the Planning Scheme in Section 4. Under the Code environmental harm has the same meaning as in the Environmental Management and Pollution Control Act 1994. It means any adverse effect on the environment (of whatever degree or duration) and includes an environmental nuisance.

10. Environmental harm can, for example, potentially be an odour if it is identified as an odour that has potential for an adverse effect on the environment, or which as an environmental nuisance… unreasonably interferes with, or is likely to unreasonably interfere with, a person's enjoyment of the environment…

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11. Therefore, if a development application for use, development or for a subdivision intended for sensitive use (i.e., residential development), is lodged for assessment that is within an Attenuation Area, or on land within a relevant attenuation distance as described above in E9.2.1(b), it is necessary for the planning authority to consider whether the Acceptable Solutions or Performance Criteria of Use Standards (E9.6.1 ) or Development Standards (E9.7.1 or E9.7.2) apply, and if so, depending on the nature of the proposal, whether:  Use or development with potential to cause environmental harm may adversely effect nearby sensitive use to an acceptable level; or  Development for sensitive use, including for a subdivision (i.e., for residential use) may result in potential to be impacted by environmental harm from a use with potential to cause environmental harm.

12. It is also may be necessary to consider if an Attenuation Code provision overrides a Planning Scheme Zone standard if there is an inconsistency between a Code provision and Zone provision regarding an application.

Attenuation Distances 13. As set out in the following extract from Table E9.1 Attenuation Distances of the Attenuation Code for activities referred to in Table E9.1 or E9.2, an attenuation distance is measured between:  The outer edge of the area used by the relevant activity (i.e., a type of sewage treatment plant); and  The property boundary of the land where a sensitive use is located or proposed to be located (e.g., residential development or subdivision).

Extract of Table: Part of Table E9.1, Planning Scheme

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14. A copy of Table E9.2 of the Code is below. This table sets out attenuation distances applicable to sewage treatment plants.

Location of Cygnet Treatment Plant

Image 4: Location of Cygnet Treatment Plant and Lot 1 Channel Highway, Cygnet (Google Earth extract)

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Lot 1 Channel Highway, Cygnet (PSA-2/2017) 15. Following consideration of an application, PSA-2/2017, under former Section 43A of the Act, Council at its meeting on 30 September 2020 decided to initiate and certify an amendment to the Planning Scheme, and to issue a draft planning permit for 61 residential lots and other lots to be created on part of Lot 1 Channel Highway, Cygnet (CT: 167891/1).

16. The assessment of that application required consideration of the Attenuation Code as part of the property is within the Attenuation Area Overlay that relates to the Cygnet Treatment Plant.

Current Attenuation Area Overlay – Planning Scheme

Image 5: Current Attenuation Area Overlay (LISTmap extract)

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17. The following plan from the application, PSA-2/2017, shows the extent of the current Attenuation Area Overlay over that property.

Plan 6: Plan V704UH-2 dated 10 August 2010 (PSA-2/2017)

18. The following plans from the application, PSA-2/2017 show an adjusted attenuation distance of 200m from the CTP for the Attenuation Area Overlay.

Plans 7 & 8: Plan V704UH-3 dated 10 August 2010 (PSA-2/2017)

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Advice 19. The assessment of the above application considered professional advice set out in the following application documentation which are also included as attachments to this report:

(a) Report prepared in 2017 by Pitt & Sherry, consultants, regarding the Cygnet Treatment Plant (Attachment D). Some relevant parts of the advice in the report are summarised below:

2017 by Pitt & Sherry Report Prior CTP assessment reports A summary of previous assessment reports are referred to on page 4.

Attenuation (Attenuation distance) This report refers to the Special Area attenuation buffer applied under the former Port Cygnet Planning Scheme 1988 regarding the CTP on page 1 of the report. The Report states in relation to the original attenuation buffer that it should have been a 100m buffer (page 2).

…The 400 m buffer was very significantly larger than what should reasonably have been applied. (page 2)

….with a design capacity dry weather flow of 240 kL/day, the applicable attenuation distance for the WWTP is 100 m. (page 3)

In relation to the plant and its design capacity, the Report states that for: 240 kL/day ADWF, the appropriate odour buffer size under both the former 1996 DELM SRADs and the current Huon Valley Interim Planning Scheme 2015 attenuation distance table is 100m. (page 4)

Odour In relation to odour the report states: ….Provided that a minimum water cover of 0.75 m above the sludge blanket is maintained, the study concluded that odours from the sludge pond should not be an issue. (page 3)

Report conclusion The original application of a 400 m Special Area odour buffer in the Port Cygnet Planning Scheme 1988 and the carrying through of that buffer as a 400 m Attenuation Area odour buffer to the current Huon Valley Interim Planning Scheme 2015 are inconsistent with recommended attenuation distances and are without reasonable justification. (page 7)

The recommended buffer distance is therefore 150 m. (page 7).

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However, the Report also states: If the recommended operational controls have not yet been implemented and are not planned to be within the timeframe of the subdivision development, a more conservative buffer distance of 200 m from the Pasveer ditch and 250 m from the sludge pond could be adopted as an interim measure. (page 7)

Amendment to Planning Scheme The Report recommends the Planning Scheme be amended: ...the Huon Valley Interim Planning Scheme 2015 should be amended to reduce the size of the Attenuation Area to reflect the more appropriate and reasonable 150 m buffer. (page 7)

(b) TasWater Notice dated 20-12-2019 (Attachment E).

TasWater 20. TasWater provided the following advice in relation to PSA-2/2017 in the TasWater Notice (Attachment E), and advised that an attenuation distance of 200 metres is considered an appropriate distance to be applicable for the CTP.

Odour Attenuation Zone TasWater’s assessment of the proposed development is based on a 200m attenuation zone from the Cygnet Sewage Treatment Plant which has an Average Daily Inflow of 293 kL/day which complies with Huon Valley Interim Planning Scheme 2015 Table E9.2 Attenuation Distances for Sewage Treatment Plants which allows 200m for Mechanical/Biological treatment with daily inflows > 275 kL/day but < 1,375 kL/day

21. In a subsequent email TasWater received on 4 August 2020 (Attachment F), TasWater advised it would not object to an alteration of the current Attenuation Area Overlay to reduce the attenuation distance to 200 metres as the distance applicable for the CTP. The advice stated:

TasWater would not object to alteration to the current Attenuation Code overlay mapping in the Planning Scheme to reduce the current mapped attenuation distance of the overlay area if such an amendment is consistent with the Odour Attenuation Zone Advice provided in TasWater’s Submission TWDA 2017/01865-HVC dated 20/12/2019.

I can also confirm that the advice and recommendations in the 2017 Pitt and Sherry report stating an attenuation distance of 200 metres from the Pasveer ditch and 250 metres from the sludge pond (paragraph 8 on page 8 of the report) reflect advice provided to the developer’s then consultants PDA in August 2017.

TasWater has introduced a Future STP Attenuation Distance layer to our GIS which reflects the above as per below;

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Data associated with this layer states the standard attenuation distance as 200m and sites the source of the buffer distance to be “Tasmanian Planning Scheme – State Planning Provisions 2017/2018, Table C9.2; Wastewater Management Plan 2014- 18, Appendix A: Vol 1 – Level Two Sewage Treatment Plant Summaries 2013-14”.

Assessment 22. Both TasWater and Pitt & Sherry have provided advice a 200 metre attenuation distance from the CTP is an appropriate distance between the CTP and other properties.

23. There will be no change regarding assessment of applications under the Planning Scheme as part of an assessment process for applications on land within the Attenuation Area Overlay regarding any potential environmental harm associated with a proposal as outlined above. Performance Criteria in Clause E9.7.2 are considered adequate to enable a comprehensive assessment of potential impacts of existing uses on new sensitive uses as outlined above. If necessary, applications can be refused where adequate compliance with the Performance Criteria is not demonstrated.

24. Therefore, for the above reasons including the above advice in the 2017 Pitt & Sherry Report and TasWater documentation, a distance of 200m is considered an appropriate attenuation distance for an amended Attenuation Area Overlay to be applied to the CTP under the Planning Scheme.

Draft Amendment - Attenuation Area Overlay - Attachment B 25. The following image shows the proposed 200 metre adjusted Attenuation Area Overlay in Attachment B.

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Plan 8: Proposed Attenuation Area Overlay (200 metres) Attachment B (HVC image)

LEGISLATIVE REQUIREMENTS

26. Former Section 32 of the Act applies to the assessment of the Draft Amendment and Section 35 of the Act applies its certification.

Certification of an amendment – Section 35 of the Act

27. If the Council decides to initiate the Draft Amendment, then before certifying the amendment, Council must determine in accordance with former Section 35 of the Act, whether or not the Draft Amendment meets the requirements specified in former Section 32.

28. If the Council is satisfied that it does meet the requirements of former Section 32, the Council may certify the Draft Amendment in accordance with former Section 35(2) of the Act. Alternatively, Council may modify the Draft Amendment in order to be satisfied it meets the requirements.

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29. Section 35 is as follows:

35. Certification of draft amendments by planning authorities (1) After preparing a draft amendment of a planning scheme, the planning authority must determine whether the draft amendment meets the requirements specified in section 32 and – (a) if satisfied that it does, certify the draft amendment as so meeting those requirements; or (b) if not so satisfied, proceed to modify the draft amendment until it does meet those requirements and then certify the modified draft amendment as so meeting those requirements.

(2) For the purposes of subsection (1), the planning authority must certify the draft amendment by instrument in writing affixed with the common seal of the planning authority. (3).... (4) Within 7 days after certifying under subsection (1) that the draft amendment of a planning scheme meets the requirements specified in section 32, the planning authority must give a copy of the draft amendment and the instrument containing that certification to the Commission.

30. If Council initiates and certifies the amendment, the public exhibition process set out under the Act will then follow. These subsequent processes will be subject to a separate report to the Council at the relevant time.

ASSESSMENT – SECTIONS 32 AND 35 OF THE ACT 31. Former Section 32 provides:

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 decisionmaker 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.

These matters are considered in the following section.

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Assessment - Section 32(1)(e) of the Act

32. Former Section 32(1)(e) is not considered applicable as there are no potential land use conflicts that arise from permissible use and development regarding an adjacent Planning Scheme area.

33. The Draft Amendment therefore meets the requirements of and is consistent with former Section 32(1)(e) of the Act.

Assessment - Section 32(1)(ea) of the Act

34. This section requires consideration of former Section 30O of the Act. This section is in the following terms:

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 (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.

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Regional Land Use Strategy 35. In relation to former Section 30O(1) it is necessary to consider whether the Draft Amendment is, as far as is practicable, consistent with the Southern Tasmanian Regional Land Use Strategy (Regional Strategy). Regional Strategy Policy 8, Managing Risks and Hazards, and Regional Strategy Policy 12, Physical Infrastructure have been considered.

Section 32(1)(ea) of the Act - assessment of Draft Amendment

36. For the reasons set out in the Background section of this report regarding the amendment of the Attenuation Area Overlay applicable to the CTP, the Draft Amendment is not considered to conflict with former Section 30O(1) and therefore, is, as far as is, .. practicable, consistent with the Regional Strategy.

37. It therefore meets the requirements of former Section 32(1)(ea) of the Act.

Schedule 1 of the Act

38. In accordance with former Section 20(1)(a) of the Act, Schedule 1 of the Act is considered as set out below.

Table: Consideration of Schedule 1 of the Act (Part 1 & 2) Part 1 Objectives Objective Report comment (a) To promote the sustainable This Objective will be facilitated by the Draft development of natural and Amendment. physical resources and the maintenance of ecological processes and genetic diversity. (b) Provide for the fair, orderly and The Draft Amendment is considered consistent sustainable use and with this Objective. development of air, land and water.

(c) To encourage public The process under the Act provides opportunities involvement in resource for public involvement in the amendment process. management and planning; and The process to amend the Planning Scheme involves shared responsibilities for resource management and planning between the Council and the Commission. The Draft Amendment is consistent with this Objective.

(d) Facilitate economic If the Draft Amendment is approved this will development in accordance facilitate economic development by development of with the Objectives set out in residential zoned land near the CTP subject to paragraphs (a), (b) and (c), and Planning Scheme considerations. This is consistent with the objectives set out in paragraphs (a), (b) and (c) and the sustainable development outcomes of the Regional Strategy.

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The Draft Amendment is consistent with this Objective. (e) To promote the sharing of The Draft Amendment is consistent with this responsibility for resource Objective. The process to amend the Planning management and planning Scheme involves shared responsibilities for between the different spheres resource management and planning between the of Government, the community Council and the Commission. and industry in the State.

Assessment - Schedule 1 of the Act

39. The Draft Amendment has been considered in relation to the Objectives in Schedule 1 (Part 2) of the Act as follows: Part 2 Objectives Objective Report comment (a) To require sound strategic The Draft Amendment is consistent with previous planning and co-ordinated strategic planning for the Township. action by State and local government. The Draft Amendment is considered consistent with this Objective. (b) To establish a system of The Draft Amendment is consistent with the planning instruments to be the Strategic Directions for Cygnet set out in the Huon principle way of setting Valley Land Use and Development Strategy for objectives, policies and controls land within the Cygnet Township Urban Growth for the use, development and Boundary. protection of land. The Draft Amendment is consistent with this Objective. (c) To ensure that the effects on the The Draft Amendment is consistent with this environment are considered and Objective. provide for explicit conservation of social and economic effects when decisions are made about the use and development of land. (d) To require land use and The Draft Amendment will facilitate integration of development planning policy to land use and development planning with be easily integrated with environmental, social, economic, conservation environmental, social, and resource management policies. economic, conservation and resource management policies at State, regional and municipal levels. (e) To provide for the consolidation The Draft Amendment is consistent with this of approvals for land use or Objective. development and related matters, and to co-ordinate planning approvals with related approvals.

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(f) To secure a pleasant, efficient The Draft Amendment is consistent with this and safe working, living and Objective. recreational environment for all Tasmanians and visitors to Tasmania. (g) To conserve those buildings, This Objective has been considered. areas or other places which are of scientific, aesthetic, No specific scientific, aesthetic, architectural architectural or historic interest, historic interest, or other special cultural values or otherwise of special cultural have been identified that are applicable. values. (h) To protect public infrastructure The Draft Amendment is consistent with this and other assets and enable the Objective. orderly provision and co- ordination of public utilities and other facilities for the benefit of the community. (i) To provide a planning The Draft Amendment is consistent with this framework which fully considers Objective. land capability.

Compliance with Section 30O(2)-(5) (inclusive) of the Act

40. The Draft Amendment is for the amendment of a local provision of the Planning Scheme. The Draft Amendment is not considered to conflict with the requirements of former Section 30O(2)-(5), and therefore meets the requirements of former Section 32(1)(ea) of the Act.

Section 32(1)(f) of the Act

41. Assessment of former Section 32(1)(f) requires consideration whether the Draft Amendment has 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.

42. The Draft Amendment is not considered to raise any relevant issues regarding former Section 32(1)(f).

STRATEGIC JUSTIFICATIONS

State Policies 43. Former Section 32 of the Act requires consideration to be given to State Policies: former Section 20(1)(b). The following State Policies have been considered:  State Coastal Policy 1996  State Policy on Water Quality Management 1997  State Policy on the Protection of Agricultural Land 2009

44. The Draft Amendment is not inconsistent with the outcomes of these policies.

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COUNCIL STRATEGIES

Huon Valley Council Strategic Plan 2015-2025

45. The Draft Amendment has been considered in relation to Council’s Strategic Plan, the Huon Valley Strategic Plan 2015-2025 (Strategic Plan) which outlines the Council's strategic direction until 2025.

46. Section 2.1 of the Regional Strategy states: “It is important to recognise that this strategy addresses matters of regional importance only. Local and/or sub-regional planning strategies prepared at the local government level, consistent with this strategy (and the objectives of the RMPS and relevant State Policies), are necessary in order to take into account local issues and circumstances that need to be expressed in individual planning schemes. Where there is an inconsistency between local strategic planning and this regional strategy, the latter should prevail.”

47. The Draft Amendment is generally consistent with the Strategic Plan as outlined below. Vision "Working together for a prosperous, vibrant and caring Huon Valley community." Strategic Objectives  A Great Environment  A Prosperous Resilient Economy  Capable and Productive People and Assets  Community Wellbeing and Liveability Characteristics  Utilities and Infrastructure (Characteristic 3)  Settlement and Built Environment (Characteristic 5) Strategies  (A) Land Use Management

Huon Valley Land Use and Development Strategy 2007

48. The Huon Valley Land Use and Development Strategy 2007 is a principal Council land use and development strategy for the municipal area. It is important to note that whilst this strategy was formulated in the context of the previous planning schemes that applied in the municipal area, it was considered for the preparation of the Planning Scheme where applicable and provided an important context for its implementation.

49. The consideration of the Huon Valley Land Use and Development Strategy is in part relevant to providing part of the context for consideration of the environmental, social and economic matters regarding the Draft Amendment.

Legislative Requirements

50. The report details the basis and reasons for the recommendation. Any alternative decision by Council will require a full statement of reasons in order to maintain the integrity of the planning assessment process and to comply with the requirements of

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the Judicial Review Act 2000 and the Local Government (Meeting Procedures) Regulations 2015.

ENGAGEMENT

Public Advertising

51. As required under former Section 38 of the Act a copy of the Draft Amendment will be placed on public exhibition and advertised. This will be recommended for a 28 day period.

52. Any person may make a representation on the Draft Amendment within the advertised exhibition period.

Internal Referrals

53. Council’s Development Engineer has provided advice and recommendations regarding the Draft Amendment which have been incorporated into this report.

External referrals:

54. TasWater has provided advice to Council (Attachment F). Also, external referral will be undertaken with TasWater as part of this application as required under the Water and Sewerage Industry Act 2008:

CONCLUSION AND RECOMMENDATION

55. It is considered the Draft Amendment (PSA-1/2020) to amend the Planning Scheme:  Is consistent with the requirements of former Section 32 of the Act;  Is, in accordance with former Section 30O(1) of the Act, as far as practicable, consistent with the Southern Tasmania Regional Land Use Strategy 2011-2035; and  Meets the requirements of former Section 35 of the Act.

56. It is therefore recommended the Draft Amendment (Attachment B) to amend the Attenuation Area Overlay of the Planning Scheme be initiated and certified in accordance with the Act.

17.023/20* RESOLVED CR LOVELL CR O’MAY

That: a) The report on a Draft Amendment to be initiated under the former Section 34(1)(b) of the Land Use Planning and Approvals Act 1993 to amend the Attenuation Area Overlay of the Huon Valley Interim Planning Scheme 2015 applicable to the Cygnet Treatment Plant, 7321 Channel Highway, Cygnet (CT: 157713/1) be noted.

Minutes- Huon Valley Council Ordinary Meeting 21 October 2020 Page 822 b) Pursuant to the former Section 34(1)(b) of the Land Use Planning and Approvals Act 1993, the Council initiates the Draft Amendment, PSA-1/2020, to the Huon Valley Interim Planning Scheme 2015. c) Council is satisfied under the former Section 35(1) of the Land Use Planning and Approvals Act 1993 that Draft Amendment PSA-1/2020 meets the requirements of the former Section 32(1)(e), Section 32(1)(ea) and Section 32(1)(f) of the Land Use Planning and Approvals Act 1993. d) Pursuant to the former Section 35(2) of the Land Use Planning and Approvals Act 1993 the Council determines to prepare and certify Draft Amendment PSA- 1/2020 (Attachment B) and authorises the General Manager to execute the instrument as required. e) The Draft Amendment, PSA-1/2020, be referred to TasWater in accordance with Section 56S of the Water and Sewer Industry Act 2008. f) Draft Amendment PSA-1/2020 be publicly exhibited for a period of 28 days. g) For representations received during the public exhibition period, a report be provided to the Tasmanian Planning Commission pursuant to the former Section 39 of the Land Use Planning and Approvals Act 1993 regarding each of the representations. h) If no representations are received during the public exhibition period, a report be provided to the Tasmanian Planning Commission pursuant to the former Section 39 of the Land Use Planning and Approvals Act 1993 advising the Tasmanian Planning Commission that:  No representations were received in respect of the draft amendment; and  Council recommends that the Draft amendment be approved.

i) The General Manager be authorised to make typographical and formatting changes to the report and attachments that retain consistency with the above recommendations.

Councillors Enders, Doyle, Newell, Gibson, Campbell, Prince, Lovell and O’May voted for the motion and no Councillors voted against the motion.

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LOCATION PLAN ATTACHMENT A

PSA-1/2020

Location of Cygnet Treatment Plant and Lot 1 Channel Highway, Cygnet (Google Earth extract)

Planning Scheme - Attenuation Area Overlay - Cygnet Treatment Plant (LISTmap extract) ATTACHMENT B

PSA-1/2020 HUON VALLEY INTERIM PLANNING SCHEME 2015 LAND USE PLANNING AND APPROVALS ACT 1993

DRAFT AMENDMENT

Amend the Attenuation Area Code Overlay applicable to the Cygnet Treatment Plant, 7321 Channel Highway, Cygnet (CT: 157713/1) (“CTP”) under the Huon Valley Interim Planning Scheme 2015 by reducing the attenuation distance measured from the CTP in accordance with the Attenuation Code (E9.0) to 200 metres as shown on the following plan.

Amended Attenuation Area Overlay

ATTACHMENT C

(DRAFT) INSTRUMENT OF CERTIFICATION

PSA-1/2020 HUON VALLEY INTERIM PLANNING SCHEME 2015 LAND USE PLANNING AND APPROVALS ACT 1993

DRAFT AMENDMENT Amend the Attenuation Area Code Overlay applicable to the Cygnet Treatment Plant, 7321 Channel Highway, Cygnet (CT: 157713/1) (“CTP”) under the Huon Valley Interim Planning Scheme 2015 by reducing the attenuation distance measured from the CTP in accordance with the Attenuation Code (E9.0) to 200 metres as shown on the following plan.

Amended Attenuation Area Overlay

Certification in accordance with former Section 35(2) of the Land Use Planning and Approvals Act. The Common Seal of the Huon Valley Council was affixed in accordance with the resolution of the Council on in the presence of:

Emilio Reale General Manager Huon Valley Council Dated:

Cygnet WWTP Odour Buffer Review

Prepared for: PDA Surveyors

Client representative: Hugh Clement

Date: 31 August 2017 Rev 00

Now part of the pitt&sherry group

Table of Contents

Executive Summary ...... i

1. Scope ...... 1 2. Previous planning scheme ...... 1 3. Current planning scheme ...... 2 4. Implications of the licensed limit ...... 3 5. Attenuation distance conclusion ...... 4 6. Odour assessments ...... 4 7. Summary of buffer distances ...... 6 8. Consideration of upset conditions ...... 6 9. Conclusions and recommendations ...... 7

Prepared by: …………………………………………………. Date: 31 August 2017 Dr Ian Woodward

Reviewed by: …………………………………………………. Date: 31 August 2017 David Lenel

Authorised by: …………………………………………………. Date: 31 August 2017 Dr Ian Woodward

Revision History

Rev Description Prepared by Reviewed by Authorised by Date No. A Draft for client comment I Woodward D Lenel I Woodward 16/08/2017 00 Final for issue I Woodward D Lenel I Woodward 31/08/2017

© 2017 pitt&sherry This document is and shall remain the property of pitt&sherry. The document may only be used for the purposes for which it was commissioned and in accordance with the Terms of Engagement for the commission. Unauthorised use of this document in any form is prohibited.

pitt&sherry ref: HB17333H001 REP 31P REV 00.DOCX/IOW/tc

Executive Summary

PDA Surveyors have engaged pitt&sherry to undertake a review of the odour buffer applying to the Cygnet Wastewater Treatment Plant (WWTP), with relevance to a proposed subdivision of the land lying between the plant and Smith Street to the north west.

The odour buffer originated as a Special Area buffer in the Port Cygnet Planning Scheme 1988 and this has been carried through as a 400 m Attenuation Area odour buffer to the current Huon Valley Interim Planning Scheme 2015.

The 400 m odour buffer far exceeds past and current Standard Recommended Attenuation Distances (SRADs) for a WWTP of the type and size (design capacity 240 kL/day ADWF) of Cygnet. Rather than 400 m, the appropriate SRAD is 100 m.

If the plant was run continuously at its 400 kL/day licensed maximum limit, a step up in attenuation distance from 100 m to 200 m might be argued for. However, it is debatable whether this would be a valid interpretation of the planning scheme’s attenuation distances, which explicitly refer to design capacity dry weather flow not licensed maximum limit.

Previous site-specific assessments and modelling demonstrate that a buffer zone of 150 m would be appropriate for normal operations at Cygnet.

The potential odour risk from upset conditions should be managed by appropriate operational controls and measures, rather than through applying a more expansive buffer zone. A previous study has made recommendations on measures that could be implemented to ensure operational confidence and reliability for odour control, allowing the 150 m buffer to be sufficient.

The recommended buffer distance is therefore 150 m.

Subject to what may already have been implemented at Cygnet in recent years, the cost of providing the necessary controls to successfully operate within this 150 m buffer by ensuring plant reliability and rapid identification of upset conditions is in the order of $100,000. This could be funded in whole or part through a developer contribution.

If the recommended operational controls have not yet been implemented and are not planned to be within the timeframe of the subdivision development, a more conservative buffer distance of 200 m from the Pasveer ditch and 250 m from the sludge pond could be adopted as an interim measure.

In due course, however, the recommended controls should be implemented as a matter of good practice and the Huon Valley Interim Planning Scheme 2015 should be amended to reduce the size of the Attenuation Area to reflect the more appropriate and reasonable 150 m buffer.

pitt&sherry ref: HB17333H001 REP 31P REV 00.DOCX/IOW/tc i

1. Scope PDA Surveyors have engaged pitt&sherry to undertake a review of the odour buffer applying to the Cygnet Wastewater Treatment Plant (WWTP), with relevance to a proposed subdivision of the land lying between the plant and Smith Street to the north west.

2. Previous planning scheme The odour buffer originated as a Special Area buffer in the Port Cygnet Planning Scheme 19881. The buffer was prescribed around the facility as an ovoid shape measuring approximately 950 m east-west and 680 m north south (ie. 425 m and 340 m radius respectively), giving an average distance from the facility centre of approximately 400 m. The reason for it being an ovoid shape is unknown to pitt&sherry but it appears to have an administrative rather than meteorological basis as the buffer is symmetrical and does not reflect prevailing winds in any way.

The buffer, the WWTP and the proposed subdivision land are shown in Figure 1. Note that the large dam to the north of the WWTP is a farm dam, and nothing to do with the WWTP.

Proposed subdivision land

WWTP

Attenuation area

400 m

Figure 1: The Cygnet WWTP, odour buffer and proposed subdivision land

The buffer was the maximum of the then Department of Environment and Land Management’s (DELM’s) Standard Recommended Attenuation Distances (SRADs) 2.

1 The buffer was likely introduced later than 1988, probably during the early 1990’s 2 Department of Environment and Land Management (January 1996) Environmental Assessment Manual Version 1. pitt&sherry ref: HB17333H001 REP 31P REV 00.DOCX/IOW/tc 1

The Cygnet WWTP is a Pasveer ditch type, which is an activated sludge process, one of the commonly used biological wastewater treatment processes (the common processes are 1. the activated-sludge process, 2. aerated lagoons, 3. trickling filters, 4. rotating biological contactors and 5. stabilisation ponds3). The Pasveer ditch uses a mechanical aerator to drive wastewater around a circulating ditch for biological treatment with periodic discharge to a basin for solids settling.

For a mechanical/biological plant, the DELM SRADs were: • 100 m for plants <275 kL/day average dry weather flow (ADWF) • 200 m for 275 – 1375 kL ADWF • 300 m for 1375 – 5500 kL/day ADWF • 400 m for plants >5500 kL/day ADWF.

Huon Valley Council has previously4 advised that the WWTP was designed for a maximum peak dry weather flow (PDWF) of 600 kL/day, which equates to an Average Dry Weather Flow (ADWF) of 240 kL/day, assuming a typical5 ADWF to PDWF multiplier of 2.5. The WWTP has a maximum licensed flow6 of 400 kL/day, which is greater than its ADWF design capacity.

With a design capacity of 240 kL/day, the original buffer should have been 100 m. Instead, a buffer of 400 m was set, which is applicable to a plant exceeding 5500 kL/day, more than 20 times greater than the design capacity (and more than 10 times the licensed maximum flow).

The significant discrepancy between what buffer should have been applied and what was actually applied is presumed to have been for some notional expansion of the plant’s capacity in future years. However, this would require Cygnet’s population to increase more than twenty-fold, which is of negligible likelihood over any reasonable planning timeframe.

The 400 m buffer was very significantly larger than what should reasonably have been applied.

3. Current planning scheme The Huon Valley Interim Planning Scheme 2015 specifies the following attenuation distances for sewage treatment plants (Table 1). These are the same as the 1996 DELM SRADs but with the addition of an extra size category column. Rows relevant to the Cygnet WWTP are shaded.

Note that Table E9.2 should properly reflect Table C9.2 of the State Planning Provisions7 but it in fact contains translation errors, two of which are relevant to the Cygnet WWTP SRADs. Firstly, in abbreviating the heading of the second column, Table E9.2 omits the term “average”. That heading should read “Average Dry Weather Flow”. Secondly, the Mechanical/Biological treatment type should read “Mechanical/Biological treatment (includes aerated lagoons)”. While the Pasveer ditch is clearly a mechanical/biological plant, these corrections remove any interpretive doubt about the size category and treatment type of the Cygnet WWTP.

3 Metcalf & Eddy 1991 Wastewater Engineering – Treatment, Disposal and Reuse. 3rd ed 4 Lionel Clark, Huon Valley Council, pers. comm., May 2006 5 TasWater Supplement to Water Supply Code of Australia WSA 03 - 2011-3.1 MRWA Edition V2.0 Issue Number: PUBLIC 04 6 Anthony Cengia (TasWater) advice to Hugh Clements (PDA Surveyors), October 2016 7 http://www.justice.tas.gov.au/__data/assets/pdf_file/0007/370294/State_Planning_Provisions.PDF pitt&sherry ref: HB17333H001 REP 31P REV 00.DOCX/IOW/tc 2

Table 1: Attenuation distances in the Huon Valley Interim Planning Scheme 2015 Table E9.2 Attenuation Distances for Sewage Treatment Plants Type of installation Designed Capacity Dry Weather Flow KL/Day <275 <1,375 < 5,500 <13,750 Person equivalent <1,000 <5,000 <20,000 <50,000 Distance in metres Aerobic pondage (septic effluent) 100 - - - Mechanical/Biological treatment 100 200 300 400 Sludge drying beds/sludge digesters not 150 250 300 400 within enclosed premises. Aerobic ponds 150 350 700 1000 Anaerobic ponds 400 550 700 850 Facultative ponds 300 700 1400 2200 Land disposal of secondary TBA TBA TBA TBA treatment effluent (iv) Spray irrigation 200 200 200 200 Flood irrigation 50 50 50 50

Again, with a design capacity dry weather flow of 240 kL/day, the applicable attenuation distance for the WWTP is 100 m.

The Special Area buffer of the Port Cygnet Planning Scheme 1988 has been carried through to the current Huon Valley Interim Planning Scheme 2015 as an Attenuation Area. Figure 1 therefore represents the current situation also. Again, the retained 400 m buffer is very significantly larger than what should reasonably apply.

The WWTP has a sludge pond, and sludge odours could therefore potentially be generated. As seen in the above table, sludge drying beds and sludge digesters attract a greater attenuation distance than the WWTP itself. For the 240 kL/day plant, the applicable buffer distance would be 150 m.

Importantly, however, the sludge pond at Cygnet is neither a drying bed nor a digester. It is simply a pond that accumulates sludge underneath a water cover until the sludge is periodically pumped out. Study D below (section 6) noted that the sludge is pumped out by vacuum tanker and taken to Ranelagh WWTP for dewatering. Pump out would need to occur approximately twice a year. Provided that a minimum water cover of 0.75 m above the sludge blanket is maintained, the study concluded that odours from the sludge pond should not be an issue.

The greater buffer distance of 150 m for sludge should therefore not apply. Even if it did, it would only result in a buffer of 150 m, not 400 m.

4. Implications of the licensed limit As noted above (section 2), the design capacity of the WWTP is 240 kL/day ADWF but the licensed limit is 400 kL/day. If the plant was run continuously at this 400 kL/day limit, a step up in attenuation distance from 100 m to 200 m in Table 1 might be argued for. However, it is debatable whether this would be a valid interpretation of the table, which explicitly refers to design capacity dry weather flow not licensed maximum limit.

pitt&sherry ref: HB17333H001 REP 31P REV 00.DOCX/IOW/tc 3

5. Attenuation distance conclusion With a design capacity of 240 kL/day ADWF, the appropriate odour buffer size under both the former 1996 DELM SRADs and the current Huon Valley Interim Planning Scheme 2015 attenuation distance table is 100 m.

If the plant was run continuously at its 400 kL/day limit, an attenuation distance of 200 m might be argued for but this would be a questionable interpretation of the attenuation distance table.

6. Odour assessments Standard attenuation distances are generic guidelines. Several studies over the last decade have made more site-specific assessments for the WWTP: • Study A: pitt&sherry (May 2006) Cygnet Sewage Treatment Plant Modelling Assessment of Odour Buffer. Report prepared for Sassin Holdings Pty Ltd. • Study B: GHD (March 2007) Report for Cygnet Wastewater Treatment Plan Buffer Zone Assessment. Report prepared for Huon Valley Council. • Study C: PAE Holmes (August 2010) Review – Odour Buffers Cygnet Wastewater Treatment Plant – Tasmania. Report prepared for Southern Water. • Study D: Yabbie Pond Pty Ltd (December 2010) Assessment of Cygnet Wastewater Treatment Plant Recommended Minimum Buffer Distance. Report prepared for pitt&sherry.

The reports were made available to both Council and (now) TasWater, and are therefore on the public record, although they have not been published. pitt&sherry has been involved in one way or another in all those studies and can therefore provide the following summaries. If the original reports need to be published, appropriate permission should be sought from the relevant information owners.

The reports were prepared sequentially, with each progressively adding further knowledge and opinion to the understanding of the buffer and its potential constraints on the development of surrounding land. The following summarises that progression of knowledge and opinion.

Study A Study A noted that the existing WWTP buffer was the maximum of the (then) DELM SRAD’s applying at the time the plant was constructed. That maximum buffer was applicable to plants treating more than 5500 kL/day Average Dry Weather Flow (ADWF), whereas the Cygnet plant’s design capacity is only 240 kL/day ADWF.

Study A undertook desktop odour emission modelling of the Cygnet WWTP for normal operations, using the CSIRO TAPM air model and taking hydrogen sulphide (H2S) as a surrogate for odour emissions. The assumed H2S emission rates were calculated using the algorithms of the National Pollutant Inventory’s Emission Estimation Technique Manual – Sewage and Wastewater Treatment.

Study A referenced Schedule 2 of Tasmania’s Environment Protection Policy (Air Quality) 2004 to adopt a 3 99.9%ile odour criterion for H2S concentration (µg/m ) as delineating what an appropriate WWTP buffer boundary should be. A 99.9%ile criterion would be expected to be exceeded 9 times a year if tested hourly (0.1% x 365 x 24 ≈ 9).

The study found that for the (then) current loading on the WWTP, the odour buffer criterion boundary lay approximately 25 m away from the boundary of the WWTP. When the modelling was repeated for an assumed 1.6 times population growth (50 year horizon), the boundary shifted out to variously between 45 and 75 m from the plant.

pitt&sherry ref: HB17333H001 REP 31P REV 00.DOCX/IOW/tc 4

Based on the applicable SRAD and the modelling undertaken, Study A concluded that the odour buffer could be reduced to variously 45 to 75 m in width.

Study B Study B reviewed the report of Study A and made criticisms of the model set up and modelling assumptions. The primary concern was that the modelling did not assess plant upset situations, which is when odour problems are most likely to occur and for which buffer widths should properly be sized.

The study also suggested that odour units (OUs) rather than H2S concentrations would be a more acceptable approach.

The study interpolated Victoria’s SRAD Guidelines to indicate that a buffer width of 120 m might be adopted for the maximum licensed limit of 400 kL/day.

However, Study B recommended that any consideration of change to the STP buffer should be determined on the basis of upset conditions rather than the normal conditions that Study A modelled, and that the direction and frequency of potential occurrence, the concentration of the onset of nuisance and an acceptable odour impact return interval (normally 1 to 5 years) were important considerations.

The study used the NSW Local Government Water Directorate’s 2006 Sewage Treatment Plant Facilities Buffer Zone Land Use Planning Guidelines to undertake a risk assessment.

The risk assessment concluded that a major reduction in the width of the current STP buffer of 400 m was not supported.

Study C Study C reviewed the reports of Study A and Study B and then undertook fresh modelling.

Study C agreed with Study B’s view that odour units rather than H2S concentrations would be a more acceptable approach.

Study C constructed an odour emission Ausplume model, with TAPM meteorology and generic emission rate data. A 99.5% odour criterion of 2 OU was adopted, meaning that 2 OU should not be exceeded in more than 44 (0.5%) hours of the year (0.5% x 365 x 24 ≈ 44).

The modelling concluded that Study A’s suggested buffer widths were not supported but that Study B’s interpolated SRAD widths of 120 m under normal operating conditions were supported.

Because the study’s modelling was only for normal conditions, it concluded that a wider buffer than this would be prudent to allow for upset conditions and therefore that significant reductions to the current STP buffer would not be advisable.

Study D Whereas the previous studies (A, B and C) were desktop, Study D was based on a detailed inspection and analysis of the plant itself.

Study D made a number of recommendations to improve performance and reduce odour risk and concluded that, if these were implemented, a buffer width of 150 m would be adequate.

The study identified the following measures and costs (Table 2).

pitt&sherry ref: HB17333H001 REP 31P REV 00.DOCX/IOW/tc 5

Table 2: Measures and costs to enhance Cygnet WWTP odour control and reliability

Measure Cost *

Odour control unit at the inlet screen $10,000 Installation of wind protection shelter around screenings bagging unit and bin $4,000 Supply and install 5.5 kW surface aerator, including electrics $30,000 Supply and installation of DO probe in Pasveer ditch $14,000 Supply and installation of 15 kW standby generator with manual change-over and electrics $26,000 Installation of advanced telemetry with critical alarms $21,000 Total $105,000 *Scaled by 2% CPI for 7 years since the 2010 report; includes 25% contingency and GST; rounded up to the nearest $1000

7. Summary of buffer distances Table 3 summarises the various odour buffer distances determinations.

Table 3: Summary of applicable odour buffer distance determinations

Buffer Reference distance

Original Department of Environment and Land Management’s Standard Recommended Attenuation Distances 100 m Huon Valley Interim Planning Scheme 2015 Table E9.2 Attenuation Distances for Sewage Treatment Plants – 100 m treatment plant itself Study A: pitt&sherry (May 2006) Cygnet Sewage Treatment Plant Modelling Assessment of Odour Buffer. Report 75 m* prepared for Sassin Holdings Pty Ltd. Study B: GHD (March 2007) Report for Cygnet Wastewater Treatment Plan Buffer Zone Assessment. Report 120 m* prepared for Huon Valley Council. Study C: PAE Holmes (August 2010) Review – Odour Buffers Cygnet Wastewater Treatment Plant – Tasmania. 120 m* Report prepared for Southern Water. Study D: Yabbie Pond Pty Ltd (December 2010) Assessment of Cygnet Wastewater Treatment Plant 150 m Recommended Minimum Buffer Distance. Report prepared for pitt&sherry. *For normal operations, excluding upset conditions

8. Consideration of upset conditions Upset conditions occur when the normal WWTP operational controls fail and the plant temporarily operates outside its design expectations. Under these circumstances, an odour buffer may not be sufficient to prevent malodour from reaching nearby residents.

For an appropriately monitored and managed plant, upset conditions should only occur under exceptional circumstances, such as during a power failure, and SCADA telemetry should alert operators to the upset immediately. WWTPs should routinely have a back-up power generator close at hand to restore power and normal operations quickly. If the back-up generator is not actually on site, it should never be more than an hour or so away, so power should be able to be restored within an hour or two at most.

While occasional upset conditions can never be avoided absolutely, the responsible management of upsets should be through active and timely response measures, rather than through upsets being allowed for by expansive buffer zones.

pitt&sherry ref: HB17333H001 REP 31P REV 00.DOCX/IOW/tc 6

The measures identified by Study D (Table 2) would provide the necessary operator confidence and reliability at Cygnet to ensure that an odour buffer distance of 150 m should be adequate, without any need to rely on a larger buffer.

It would be understandable if the plant operator might be reluctant to fund works to facilitate a reduction of an established conveniently expansive buffer zone, particularly when there may be competing priorities for scarce funds. It is unknown to pitt&sherry which, if any, of the measures in Table 2 have already been implemented by TasWater at Cygnet but they form a basis for the subdivision developer to negotiate with TasWater with a view to potentially providing a developer contribution towards those costs.

9. Conclusions and recommendations The following conclusions and recommendations are made:

1. The original application of a 400 m Special Area odour buffer in the Port Cygnet Planning Scheme 1988 and the carrying through of that buffer as a 400 m Attenuation Area odour buffer to the current Huon Valley Interim Planning Scheme 2015 are inconsistent with recommended attenuation distances and are without reasonable justification. 2. It is clear than the current 400 m odour buffer in the planning scheme far exceeds past and current Standard Recommended Attenuation Distances (SRADs) for a WWTP of the type and size (design capacity 240 kL/day ADWF) of Cygnet. Rather than 400 m, the appropriate SRAD is 100 m. 3. If the plant was run continuously at its 400 kL/day licensed maximum limit, a step up in attenuation distance from 100 m to 200 m might be argued for. However, it is debatable whether this would be a valid interpretation of the planning scheme’s attenuation distances, which explicitly refer to design capacity dry weather flow not licensed maximum limit. 4. Previous site-specific assessments and modelling demonstrate that a buffer zone of 150 m would be appropriate for normal operations at Cygnet. 5. The potential odour risk from upset conditions should be managed by appropriate operational controls and measures, rather than through applying a more expansive buffer zone. A previous study has made recommendations on measures that could be implemented to ensure operational confidence and reliability for odour control, allowing the 150 m buffer to be sufficient. 6. The recommended buffer distance is therefore 150 m. 7. Subject to what may already have been implemented at Cygnet in recent years, the cost of providing the necessary controls to successfully operate within a 150 m buffer by ensuring plant reliability and rapid identification of upset conditions is in the order of $100,000. This could be funded in whole or part through a developer contribution. 8. If the recommended operational controls have not yet been implemented and are not planned to be within the timeframe of the subdivision development, a more conservative buffer distance of 200 m from the Pasveer ditch and 250 m from the sludge pond could be adopted as an interim measure. 9. In due course, however, the recommended controls should be implemented as a matter of good practice and the Huon Valley Interim Planning Scheme 2015 should be amended to reduce the size of the Attenuation Area to reflect the more appropriate and reasonable 150 m buffer.

pitt&sherry ref: HB17333H001 REP 31P REV 00.DOCX/IOW/tc 7

Contact Dr Ian Woodward

62101400 [email protected]

Brisbane Launceston Newcastle E: [email protected] Level 2 Level 4 Level 1 W: www.pittsh.com.au 276 Edward Street 113 Cimitiere Street 81 Hunter Street

Brisbane QLD 4000 PO Box 1409 Newcastle NSW 2300 incorporated as T: (07) 3221 0080 Launceston TAS 7250 T: (02) 4910 3600 Pitt & Sherry (Operations) Pty Ltd F: (07) 3221 0083 T: (03) 6323 1900 ABN 67 140 184 309 F: (03) 6334 4651 Devonport Sydney Level 1 Suite 902, Level 9, 35 Oldaker Street Melbourne 1-5 Railway Street PO Box 836 Level 1, HWT Tower Chatswood NSW 2067 Devonport TAS 7310 40 City Road PO Box 5487 T: (03) 6424 1641 Southbank VIC 3006 West Chatswood NSW 1515 F: (03) 6424 9215 PO Box 259 T: (02) 9468 9300 South Melbourne VIC 3205 Hobart T: (03) 9682 5290 199 Macquarie Street F: (03) 9682 5292 GPO Box 94 Hobart TAS 7001 T: (03) 6210 1400 F: (03) 6223 1299

Now part of the pitt&sherry group

Submission to Planning Authority Notice Council Planning Council notice PSA-2/2017 27/11/2017 Permit No. date TasWater details TasWater TWDA 2017/01865-HVC Date of response 20/12/2019 Reference No. TasWater Phil Papps Phone No. (03) 6237 8246 Contact Response issued to Council name HUON VALLEY COUNCIL Contact details [email protected] Development details Address Lot 1 CHANNEL HWY, CYGNET Property ID (PID) 3473524 Description of 61 lot subdivision including Rezoning development Schedule of drawings/documents Prepared by Drawing/document No. Revision No. Date of Issue PDA Plan of Subdivision / V704UH-3 P 07/11/2019 PDA Staging Plan / V704UH-4 P 07/11/2019 PDA Site/Servicing Plan / V704UH-5 P 07/11/2019 Stormwater Outlet / V704UH-6 (includes water PDA P 07/11/2019 main upgrade in Espalanade Rd) Conditions Pursuant to the Water and Sewerage Industry Act 2008 (TAS) Section 56P(1) TasWater makes the following submission(s): 1. TasWater does not object to the draft amendment to planning scheme and has no formal comments for the Tasmanian Planning Commission in relation to this matter and does not require to be notified of nor attend any subsequent hearings. Pursuant to the Water and Sewerage Industry Act 2008 (TAS) Section 56P(1) TasWater imposes the following conditions on the permit for this application: CONNECTIONS, METERING & BACKFLOW 1. A suitably sized water supply with metered connections / sewerage system and connections to each lot of the development must be designed and constructed to TasWater’s satisfaction and be in accordance with any other conditions in this permit. 2. Prior to commencing construction of the subdivision, any water connection utilised for construction must have a backflow prevention device and water meter installed, to the satisfaction of TasWater. ASSET CREATION & INFRASTRUCTURE WORKS 3. Plans submitted with the application for Engineering Design Approval must, to the satisfaction of TasWater show, all existing, redundant and/or proposed property services and mains. 4. Prior to applying for a Permit to Construct new infrastructure the developer must obtain from TasWater Engineering Design Approval. The application for Engineering Design Approval must include engineering design plans prepared by a suitably qualified person showing the hydraulic servicing requirements for water and sewerage to TasWater’s satisfaction. 5. Prior to works commencing, a Permit to Construct must be applied for and issued by TasWater. All

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infrastructure works must be inspected by TasWater and be to TasWater’s satisfaction. 6. In addition to any other conditions in this permit, all works must be constructed under the supervision of a suitably qualified person in accordance with TasWater’s requirements. 7. Prior to the issue of a Consent to Register a Legal Document for the forty first lot of the proposed development, the developer must upgrade/replace the existing ID 50mm water main(s) in Esplanade Rd to DN100 from the intersection of Smith St and Esplanade Rd to a point where a DN100 loop can be created to the existing DN100 water main in Channel Hwy. Advice: In accordance with TasWater’s ‘Developer Charges Policy’ for developments located within Serviced Land where insufficient capacity is available within an existing system, the developer pays the costs of Extension, including connection, to that system and Expansion of the system to the level of capacity required to service the development. 8. Prior to the issue of a Consent to Register a Legal Document the developer must design and construct an additional 9.15 m³ of emergency storage to TasWater’s satisfaction which is needed at TasWater’s Esplanade No 3 Sewage Pump Station (SPS) (Asset number: CYGSP08). The emergency storage must be designed and constructed to allow future augmentation to meet future external emergency storage requirements. Advice: In accordance with TasWater’s ‘Developer Charges Policy’ for developments located within Serviced Land where insufficient capacity is available within an existing system, the developer pays the costs of Extension, including connection, to that system and Expansion of the system to the level of capacity required to service the development. The additional amount of storage has been determined using the following formula derived from TasWater’s Supplement to the Sewage Pumping Station Code of Australia - 61 lots at 450/ET/day/24 hrs with min. 8 hrs storage / 1000 to get m³. 9. Prior to the issue of a Consent to Register a Legal Document all additions, extensions, alterations or upgrades to TasWater’s water and sewerage infrastructure required to service the development, are to be constructed at the expense of the developer to the satisfaction of TasWater, with live connections performed by TasWater. 10. After testing/disinfection, to TasWater’s requirements, of newly created works, the developer must apply to TasWater for connection of these works to existing TasWater infrastructure, at the developer’s cost. 11. At practical completion of the water and sewerage works and prior to TasWater issuing a Consent to a Register Legal Document, the developer must obtain a Certificate of Practical Completion from TasWater for the works that will be transferred to TasWater. To obtain a Certificate of Practical Completion: a. Written confirmation from the supervising suitably qualified person certifying that the works have been constructed in accordance with the TasWater approved plans and specifications and that the appropriate level of workmanship has been achieved; b. A request for a joint on-site inspection with TasWater’s authorised representative must be made; c. Security for the twelve (12) month defects liability period to the value of 10% of the works must be lodged with TasWater. This security must be in the form of a bank guarantee; d. As constructed drawings must be prepared by a suitably qualified person to TasWater’s satisfaction and forwarded to TasWater. 12. After the Certificate of Practical Completion has been issued, a 12 month defects liability period applies to this infrastructure. During this period all defects must be rectified at the developer’s cost

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and to the satisfaction of TasWater. A further 12 month defects liability period may be applied to defects after rectification. TasWater may, at its discretion, undertake rectification of any defects at the developer’s cost. Upon completion, of the defects liability period the developer must request TasWater to issue a “Certificate of Final Acceptance”. The newly constructed infrastructure will be transferred to TasWater upon issue of this certificate and TasWater will release any security held for the defects liability period. 13. The developer must take all precautions to protect existing TasWater infrastructure. Any damage caused to existing TasWater infrastructure during the construction period must be promptly reported to TasWater and repaired by TasWater at the developer’s cost. 14. Ground levels over the TasWater assets and/or easements must not be altered without the written approval of TasWater. FINAL PLANS, EASEMENTS & ENDORSEMENTS 15. Prior to the Sealing of the Final Plan of Survey, a Consent to Register a Legal Document must be obtained from TasWater as evidence of compliance with these conditions when application for sealing is made. Advice: Council will refer the Final Plan of Survey to TasWater requesting Consent to Register a Legal Document be issued directly to them on behalf of the applicant. 16. Pipeline easements, to TasWater’s satisfaction, must be created over any existing or proposed TasWater infrastructure and be in accordance with TasWater’s standard pipeline easement conditions. 17. Prior to the issue of a Consent to Register a Legal Document from TasWater and if applicable, the applicant must submit a copy of the completed Transfer for the provision of a Pipeline and Services Easement(s) over privately owned adjoining land containing proposed TasWater infrastructure. DEVELOPMENT ASSESSMENT FEES 18. The applicant or landowner as the case may be, must pay a development assessment and Consent to Register a Legal Document fee to TasWater, as approved by the Economic Regulator and the fees will be indexed, until the date they are paid to TasWater, as follows: a. $1,139.79 for development assessment; and b. $149.20 for Consent to Register a Legal Document The payment is required within 30 days of the issue of an invoice by TasWater. 19. In the event Council approves a staging plan, a Consent to Register a Legal Document fee for each stage, must be paid commensurate with the number of Equivalent Tenements in each stage, as approved by Council. Advice General For information on TasWater development standards, please visit http://www.taswater.com.au/Development/Development-Standards For application forms please visit http://www.taswater.com.au/Development/Forms Odour Attenuation Zone TasWater’s assessment of the proposed development is based on a 200m attenuation zone from the Cygnet Sewage Treatment Plant which has an Average Daily Inflow of 293 kL/day which complies with Huon Valley Interim Planning Scheme 2015 Table E9.2 Attenuation Distances for Sewage Treatment Plants which allows 200m for Mechanical/Biological treatment with daily inflows > 275 kL/day but < 1,375 kL/day.

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Service Locations Please note that the developer is responsible for arranging to locate the existing TasWater infrastructure and clearly showing it on the drawings. Existing TasWater infrastructure may be located by a surveyor and/or a private contractor engaged at the developers cost to locate the infrastructure. The location of TasWater infrastructure as shown on the TheList & DBYD is indicative only.  A permit is required to work within TasWater’s easements or in the vicinity of its infrastructure. Further information can be obtained from TasWater  TasWater has listed a number of service providers who can provide asset detection and location services should you require it. Visit www.taswater.com.au/Development/Service-location for a list of companies  TasWater will locate residential water stop taps free of charge Sewer drainage plans or Inspection Openings (IO) for residential properties are available from your local council. Declaration The drawings/documents and conditions stated above constitute TasWater’s Submission to Planning Authority Notice.

Authorised by

Jason Taylor Development Assessment Manager TasWater Contact Details Phone 13 6992 Email [email protected] Mail GPO Box 1393 Hobart TAS 7001 Web www.taswater.com.au

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Sandy Rustell

From: Papps, Phil Sent: Tuesday, 4 August 2020 4:31 PM To: Michael Bartlett Subject: TasWater comment RE: Cygnet Treatment Plant - Attenuation Code overlay under the Huon Valley Interim Planning Scheme 2015

Hi Michael,

TasWater has introduced a Future STP Attenuation Distance layer to our GIS which reflects the above as per below;

1 Data associated with this layer states the standard attenuation distance as 200m and sites the source of the buffer distance to be “Tasmanian Planning Scheme – State Planning Provisions 2017/2018, Table C9.2; Wastewater Management Plan 2014-18, Appendix A: Vol 1 – Level Two Sewage Treatment Plant Summaries 2013-14”.

Please contact me if you have any further questions.

Regards

Phil Papps Senior Assessment Officer

D (03) 6237 8246 / 0474 931 272 F 1300 862 066 A GPO Box 1393, Hobart TAS 7001 169 Main Road, Moonah, TAS 7009 E [email protected] W http://www.taswater.com.au/

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From: Michael Bartlett Sent: Tuesday, 4 August 2020 1:53 PM To: Papps, Phil Subject: Cygnet Treatment Plant - Attenuation Code overlay under the Huon Valley Interim Planning Scheme 2015

Hi Phil

Could you please let me know TasWater’s view in relation to the following about the Attenuation Code overlay that applies to the Cygnet Treatment Plant, Channel Highway under the Huon Valley Interim Planning Scheme 2015.

2 The Council has received a combined planning scheme and subdivision application (PSA-2/2017 and SUB-36/2017) (‘Application’) from PDA Surveyors relating to part of 1 Channel Highway (PID 3473524; CT 167891/1). Part of the land that is proposed for development is covered by the Attenuation Code overlay.

The application includes a copy of the attached 2017 Pitt and Sherry report. The attenuation advice and recommendations in the Pitt and Sherry Report have been noted.

Also, the following comments in the attached TasWater Submission to Planning Authority Notice (TWDA 2017/01865-HVC (‘TasWater Notice’) that relates to the above Application have been noted: TasWater's assessment of the proposed development is based on a 200m attenuation zone from the Cygnet Sewage Treatment Plant which has an Average Daily Inflow of 293 kL/day which complies with Huon Valley Interim Planning Scheme 2015 Table E9.2 Attenuation Distances for Sewage Treatment Plants which allows 200m for Mechanical/Biological treatment with daily inflows > 275 kL/day but < 1,375 kL/day.

Attenuation Code As you will be aware, the Attenuation Code provides in E9.2(b)(i) for an Attenuation Area to be shown on Planning Scheme maps, or if not mapped to be in accordance with E9.2(b)(ii) as follows: (a) development or use that includes the activities listed in Table E9.1 and E9.2 in a zone other than the Light Industri

(b) development or use for sensitive use, including subdivision intended for sensitive use;

(i) on land within an Attenuation Area shown on the planning scheme maps, or

(ii) on land within the relevant attenuation distance from an existing or approved (permit granted) activity listed in Tables E9.1 and E9.2 if no Attenuation Area is shown on the scheme maps and that activity is not located in the Light Industrial, General Industrial or Port and Marine Zone

Amendment to the Attenuation Code As part of a separate process, an amendment is proposed to be recommended to Council for an alteration to be made to the current Attenuation Code overlay mapping in the Planning Scheme to reduce the current mapped attenuation distance of the overlay area. A reason for the proposed amendment is to clarify the current situation because the attenuation distance shown on the

3 Planning Scheme map is more extensive than the distance which applies under the relevant part of Table E9.2. That is, the overlay shows a more extensive attenuation distance than is required because as I understand the advice and recommendations in the 2017 Pitt and Sherry report, an attenuation distance of 200 metres from the Pasveer ditch and 250 metres from the sludge pond could apply as the attenuation distance (paragraph 8 on page 8 of the report).

It is likely the draft amendment proposal may be considered by Council at its next meeting on 26 August 2020. The report being prepared needs to be finalised next week. If the Council decides commence a process for an amendment to the Planning Scheme at its meeting, then an amendment would be subject to final consideration and approval of the Tasmanian Planning Commission under the Land Use Planning and Approvals Act 1993.

Can you please let me know if TasWater have any issue with the nature of the proposed amendment at this stage.

Please also let me know if you have any queries you may have.

Regards

Michael Bartlett Manager Development Services

Tel. 03 6264 0353 Fax. 03 6264 0399 40 Main Street, Huonville PO Box 210, Huonville TAS 7109 [email protected] www.huonvalley.tas.gov.au

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