SUBMISSION REPORT SECTION §43A APPLICATION REZONING & SUBDIVISION 3D15080 & 3D15116 May 2019 Contents 1. SUMMARY 3 2. PROPOSAL DESCRIPTION 4 2.1. Rezoning 5 3. SITE DESCRIPTION 7 3.1. Land Capability 8 4. STRATEGIC DOCUMENTS 9 4.1. Justification for residential expansion at Port Sorell / Shearwater 9 4.2. Port Sorell and Environs Strategic Plan 2008 9 4.3. Port Sorell Strategic Plan Review 2017-18 13 4.4. Development Staging Priorities 14 4.5. Devonport Economic Baseline Study (2009) 15 4.6. The Cradle Coast Regional Land Use Planning Framework 2010-2030 (2011) 16 5. DEVELOPMENT ASSESSMENT 18 5.1. Latrobe Interim Planning Scheme 2013 18 6. AMENDMENT 22 6.1. Section 32 of LUPAA 22 6.2. Objectives of Schedule 1, Part 1 of LUPAA 22 6.3. Objectives of Schedule 1, Part 2 of LUPAA 23 6.4. State Policies 25 6.5. Use, development, protection or conservation of any land 26 6.6. Requirements under the Gas Pipelines Act 2000 26 6.7. Risk of land use conflict 26 6.8. Permissible use and development, and the potential for regional impact 26 6.9. Summary of Amendment 26 6.10. Summary of the Particular Merits of Rezoning FR 30184/3, FR 34572/3 and FR 34961/1 26 7. CONCLUSION 27 3D15080_3D15116 Planning Submission report Final Rev02 Page 2 1. SUMMARY This report is in support of an application under Section 43A of the Land Use Planning and Approvals Act 1993 to rezone and subdivide land for rural residential development at 110 Hawk Hill Road, Shearwater and East Glen, Port Sorell. The site consists of three titles: FR30184/3 owned by John Thomas McCoy and FR34572/3 and FR34961/1 owned by Develop & Reno Pty Ltd. The objective of this application is to rezone all of FR 30184/3 and part of FR 34672/3 from Rural Resource to Rural Living with the Hawk Hill Road / East Glen Specific Area Plan overlay and to permit the subdivision of 25 rural residential lots from these two titles. The other part of FR 34672/3 (comprising its access strip) and FR 34961/1 are zoned Environmental Living which is already suitable for the proposed development. An access road and two rural residential lots will be formed from this land. In light of the future implementation of the Tasmanian Planning Scheme which does not include an Environmental Living Zone it is for consistency reasons and in agreement with Latrobe Council proposed to include the currently Environmental Living zoned land into this application. The proposal furthermore includes the construction of the currently unmade part of Hawk Hill Road. Discussions with Council came to the agreement that the costs will be shared between the state, local government and the owner of FR30184/3. A signed consent of this agreement is attached to this application. Crown Land Services has been asked for consent to this application. Latrobe City Council is the assessment authority for the application. The proposed lots will have on site waste water treatment and rechargeable drinking water system with storage capacity. The proposed rezoning is consistent with the Port Sorell and Environs Strategic Plan 2008 and the Regional Land Use Strategy enunciated in the Living the Coast regional strategy from 2011. The proposed subdivision has been assessed against the provisions of the Latrobe Interim Planning Scheme 2013. The report also reviews the State legislative requirements, including referral agencies. The proposal is consistent with the above-mentioned requirements and is considered appropriate for approval. FR 30184/3 FR 34961/1 FR 34672/3 East Glen Figure 1: Location of subject site 3D15080_3D15116 Planning Submission report Final Rev02 Page 3 2. PROPOSAL DESCRIPTION The proposal is for a road connecting East Glen to Hawk Hill Road and a 27 lot subdivision as shown on Plan of Subdivision D15116-P03 Rev2, attached at Appendix A. It is anticipated that the subdivision will be developed depending on demand. Figure 2: Subdivision proposal plan (D15116-P03-2) 3D15080_3D15116 Planning Submission report Final Rev02 Page 4 2.1. Rezoning The area proposed for rezoning comprises approximately 33.3ha contained within FR 30184/3, FR34572/3 and FR34961/1. It is furthermore proposed to implement a Specific Area Plan to protect the native vegetation and the uniqueness of the site regarding future development. General Rural Residential Resource Light Industrial Environmental Living Subject Titles Figure 3: Latrobe Interim Planning Scheme 2013 - Current Zoning (source: The LIST) The purpose of the Rural Living Zone is: “To provide for residential use or development on large lots in a rural setting where services are limited. To provide for compatible use and development that does not adversely impact on residential amenity.” The intent of the Rural Resource Zone is: “To provide for the sustainable use or development of resources for agriculture, aquaculture, forestry, mining and other primary industries, including opportunities for resource processing; and To provide for other use or development that does not constrain of conflict with resource development use.” 3D15080_3D15116 Planning Submission report Final Rev02 Page 5 The Development Standards for the Rural Resource zone do not permit subdivision of the nature proposed, hence the application to amend the Planning Scheme. Development Standards for the Rural Living Zone accommodate lots for residential use of one hectare or thereabouts. Three of the proposed lots are under one hectare so will be assessed against Performance Criteria. The rezoning for FR 34961/1 is theoretically not required as it is already zoned Environmental Living and therefore allows for residential subdivision. However the subdivision proposal is a combined application and therefore we suggest to include FR 34961/1 into the Rural Living Zone. This is also supported by the implementation of the new Tasmanian Planning Scheme which doesn’t have the Environmental Zone available. The subject site is surrounded by large residential lots to the north and west and a development site to the west zoned ‘General Residential’, which allows for smaller lots sizes and higher dwelling density. The subject site was identified as future Rural Residential Development lot within the Port Sorell and Environs Strategic Plan 2008. Figure 4: Future Rural Residential Development sites (source: Port Sorell and Environs strategic Plan 2008 - p51) 3D15080_3D15116 Planning Submission report Final Rev02 Page 6 3. SITE DESCRIPTION The subject site is described in the two following tables: Location FR 30184/3 - 110 Hawk Hill Road, Shearwater FR 34572/3 and FR 34961/1 – East Glenn, Port Sorell Ownership FR 30184/3 - John Thomas McCoy FR 34572/3 and FR 34961/1 - Develop & Reno Pty Ltd Site Area (ha) and 33 ha Road Frontages Frontage to Hawk Hill Road and East Glen. Encumbrances There are no easements affecting the land. Existing Use FR 30184/3 – Residential (single dwelling) FR 34572/3 and FR 34961/1 - vacant Local Government Latrobe Council Authority Surrounding Land The subject site is surrounded by the Environmental Living Zone to the north and west, the Rural Resource Zone to the south and the General Residential Zone to the east. There are residential blocks with single dwellings surrounding the subject site. The residential zoned property to the east is not yet developed. Flora and Fauna The site comprises a single dwelling and associated outbuildings in the north- eastern corner of the subject site. The remainder of the site is bushland. There are two dams. Topography The site slopes slightly downwards to the east and has some steeper sections in the south-western corner. Planning Scheme Zone: Rural Resource and Environmental Living Designations Overlays: Operational Airspace (15m) 3D15080_3D15116 Planning Submission report Final Rev02 Page 7 3.1. Land Capability The Department of Primary Industries, Parks, Water and Environment Land Capability Classification maps have identified the subject land as predominantly Class 5 land, or non-prime agricultural land. Figure 5: Land Capability assessment The “Land Capability Handbook – Guidelines for the Classification of Land in Tasmania” (Grose, 1999) identifies Class 5 land as: “This land is unsuitable for cropping, although some areas on easier slopes may be cultivated for pasture establishment or renewal and occasional fodder crops may be possible. The land may have slight to moderate limitations for pastoral use. The effects of limitations on the grazing potential may be reduced by applying appropriate soil conservation measures and land management practices.” Based on the land classification, the site is only marginally suited to agricultural production. However, the site is of insufficient area and quality to be adequately used for intensive grazing, and any intensified use such as orchards could present issues with neighbouring residential development. 3D15080_3D15116 Planning Submission report Final Rev02 Page 8 4. STRATEGIC DOCUMENTS 4.1. Justification for residential expansion at Port Sorell / Shearwater This application seeks the rezoning and subdivision of approx. 33ha into 27 new large lots which are self- containable in regard to their water infrastructure. The proposal also creates a new road connection between Hawk Hill Road and East Glen, which is identified as a primary future access route within the Port Sorell and Environs Strategic Plan 2008. a) Port Sorell and Shearwater is a recognised growth area of the Latrobe Municipality and the Greater Devonport area and Cradle Coast region. This has been recognised specifically in the Port Sorell and Environs Strategic Plan 2008. b) Despite the current economic climate, there is still a very significant demand for rural residential property as evidenced elsewhere in the Latrobe municipality, and in neighbouring Kentish and Devonport municipalities. c) The subject site is surrounded by Residential Zone to the east and the Environmental Living Zone to the west. Rezoning the subject site from Rural Resource to Rural Living Zone enables the development of the subject site to incorporate into the surrounding area.