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Review of the Wellington Park Management Trust's Report And Review of the Wellington Park Management Trust’s report and representations: draft Amending Plan for the Pinnacle Specific Area June 2015 Review of the Wellington Park Management Trust’s report and representations: draft Amending Plan for the Pinnacle Specific Area Review of the Wellington Park Management Trust’s report and representations: draft Amending Plan for the Pinnacle Specific Area Prepared and published by: Tasmanian Planning Commission GPO Box 1691 Hobart Tasmania 7001 June 2015 email address: [email protected] internet address: www.planning.tas.gov.au Review of the Wellington Park Management Trust’s report and representations: draft Amending Plan for the Pinnacle Specific Area Review of the Wellington Park Management Trust’s report and representations: draft Amending Plan for the Pinnacle Specific Area Review of the Wellington Park Management Trust’s report and representations: draft Amending Plan for the Pinnacle Specific Area Table of contents 1.0 Introduction .......................................................................................................... 1 1.1 Referral to the Commission .................................................................................. 1 1.2 Background to the Draft Amendment .................................................................. 1 1.3 Review process by the Commission ...................................................................... 2 2.0 Review of representations and the Trust’s report ................................................ 5 2.1 Overview ............................................................................................................... 5 2.2 Trust’s general responses ..................................................................................... 6 2.3 Specific representors’ issues and the Trust’s responses ...................................... 8 3.0 Conclusion ........................................................................................................... 13 Appendix 1: List of Representors .................................................................................. 15 Appendix 2: List of representors at the hearing............................................................ 21 Appendix 3: Report to the Tasmanian Planning Commission on Representations Received ................................................................................................. 22 Review of the Wellington Park Management Trust’s report and representations: draft Amending Plan for the Pinnacle Specific Area Review of the Wellington Park Management Trust’s report and representations: draft Amending Plan for the Pinnacle Specific Area 1.0 Introduction 1.1 Referral to the Commission In October 2014, the Wellington Park Management Trust (the Trust) referred 551 representations and the report of the Trust, regarding the Wellington Park Management Plan 2013 draft Amending Plan for the Pinnacle Specific Area (the Draft Plan), to the Tasmanian Planning Commission for review under Part 4 of the Wellington Park Act 1993 (the Act). The Commission’s role is limited to reviewing the representations received and the report of the Trust, with reference to the Draft Plan. This involves a review of the representations and how the Trust has responded to issues raised in representations. The Commission cannot approve, amend or refuse the Draft Plan. Nor can it comment on the merit of the Draft Plan. Further discussion on the scope of the Commission’s role is under 2.1.1 below. 1.2 Background to the Draft Amendment The recently approved 2013 Management Plan increased the size of the former Pinnacle Zone in the Wellington Park from that in the previous 2005 Management Plan, as well as increasing the range of uses and developments that could be considered in this area. The Pinnacle Specific Area (PSA) allows for consideration of the following uses and developments: 1. tourist operations; 2. food services; 3. transport depot and distribution (including shuttle buses; cable cars and aerial ropeways and funicular rail and cable rail systems); 4. vehicle parking (single storey); 5. utilities; 6. storage (for park management; and 7. natural and cultural values management. In June 2014 the Trust received a formal request from the Mt Wellington Cableway Company (MWCC) to consider amending (extending) the boundary of the PSA. After considering the request at its meeting in July 2014, the Trust initiated the process to amend the Management Plan accordingly. The proposed extension of approximately 1.1 hectares is east of the existing observation shelter, increasing the area of the PSA by about 13 %. The proposed boundary extension aligns with the additional area requested by the MWCC. No other changes were proposed to the Management Plan. The area in question is currently within the Natural Zone, which does not allow for commercial development, but does allow for ‘infrastructure associated with potential transport modes’. If the amendment is approved, the area’s rezoning to PSA will allow for consideration of any development proposal fitting within the ‘discretionary’ or ‘permitted’ categories in the PSA as described in Table 3 in chapter 8 of the Management Plan. The Trust has not received any development proposals for the PSA, and has been clear that its proposal to extend the PSA does not imply support for any particular development. It proposed the Draft Plan for consideration wholly on its merits alone. Introduction 1 Review of the Wellington Park Management Trust’s report and representations: draft Amending Plan for the Pinnacle Specific Area 1.2.1 Public exhibition of the Draft Plan and representations The Trust prepared the Draft Plan in accordance with section 24 of the Act. The Trust placed the Draft Plan on public exhibition in August 2014, and subsequently received 551 representations. 1.2.2 Trust’s report Under section 24A of the Act, the Trust is required to forward to the Commission: a copy of all the representations; and a report containing – - a summary of the representations; and - the Trust’s opinion on the merits of the representations including whether or not it believes the representations to be of sufficient merit to warrant modification of the plan; and - a summary of any proposed modification to the plan; and - any additional information that the Trust considers relevant. The Commission received a copy of the Trust’s report and a copy of the representations in October 2014 (Appendix 3). 1.3 Review process by the Commission The review process has been conducted in accordance with Part 4, sections 24A – 24D of the Act: 24A. Referral of representations to Commission The Trust, within 30 days after receiving any representations under section 24(7)(c) or within any further period that the Minister allows, is to forward to the Commission – (a) a copy of all representations received under section 24; and (b) a report containing – (i) a summary of the representations; and (ii) the Trust's opinion on the merits of the representations including whether or not it believes the representations to be of sufficient merit to warrant modification of the plan; and (iii) a summary of any proposed modification to the plan; and (iv) any additional information that the Trust considers relevant. 24B. Public exhibition of representations, &c. (1) The Commission, as soon as practicable after receipt of copies of representations and the report of the Trust under section 24A, is to notify by public notice – (a) the places at which copies of the representations and report are to be exhibited; and (b) the period during which they are to be exhibited; and (c) any other information that the Commission considers relevant. (2) At least one of the places referred to in subsection (1)(a) is to be in the city of Hobart. (3) The Trust and the Commission may make available any information that may assist public consideration of the representations and the report of the Trust at the places referred to in subsection (1)(a). 2 Introduction Review of the Wellington Park Management Trust’s report and representations: draft Amending Plan for the Pinnacle Specific Area 24C. Review by Commission (1) The Commission is to review the representations and the report of the Trust made under section 24A with reference to the management plan. (2) The Commission, within 21 days after receipt of the copies of the representations and the report of the Trust or within any further period that the Minister allows, is to decide whether or not to hold a hearing to assist in its review of the representations. (3) If the Commission decides to hold a hearing, the Commission is to notify the Trust of that decision. (4) If the Commission decides not to hold a hearing, the Commission, within 14 days after making that decision, is to give written notice of that decision to – (a) the Trust; and (b) any person who has made a representation under section 24(7). (5) A hearing is to be conducted in accordance with Part 3 of the Tasmanian Planning Commission Act 1997. 24D. Report of Commission (1) The Commission, within such period as the Minister allows, is to provide the Trust with a report of the review under section 24C. (2) As soon as practicable after the period referred to in subsection (1), the Commission is to publish in the Gazette and in a daily newspaper circulating generally within the State notice of – (a) the making of its report; and (b) the places where copies of its report are available for inspection by the public. In accordance with section 24B of the Act, the Commission
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