Department of State Growth

4 Salamanca Place, Hobart TAS 7000 GPO Box 536, Hobart TAS 7001 Australia Ph 1800 030 688 Fax (03) 6233 5800 Email [email protected] Web www.stategrowth.tas.gov.au

Mr Rolph Vos General Manager PO Box 16 RIVERSIDE TAS 7250

By email: [email protected]; [email protected]

Tasmanian Planning Scheme – draft West Tamar Local Provisions Schedule

Dear Mr Vos

Thank you for your invitation to comment on the draft West Tamar Council Local Provisions Schedule (LPS).

The Department of State Growth (State Growth) has reviewed the draft LPS, supporting mapping and overlay information and believes it largely reflects a sound translation from the West Tamar Interim Planning Scheme 2013 in accordance with the Tasmanian Planning Commission’s Guideline No. 1 Local Provisions Schedule (LPS): zone and code application.

A detailed review has however highlighted a small number of issues that will require rectification or further discussion with Council officers and the Tasmanian Planning Commission. I have outlined each of the issues in the attached document for your consideration.

Please do not hesitate to contact Patrick Carroll, Principal Land Use Planning Analyst at [email protected] or on 03 6166 4472 who can arrange for relevant officers to respond to the matters raised in this submission.

Yours sincerely

Martin Blake CEO Infrastructure

30 April 2021

Attachment 1 – State Growth Comments

Attachment 1. State Growth comments - draft West Tamar Local Provisions Schedule

State Road Network

Zoning of the State Road Network

UZ 1 of Guideline No. 1 – Local Provisions Schedule (LPS): zone and code application (the ‘Guidelines’)1 states:

The Utilities Zone should be applied to land that is used, or intended to be used, for major utilities infrastructure, including:

(a) category 1, 2, 3, 4 and 5 roads as defined in the Tasmanian State Road Hierarchy published by the Tasmanian Department of State Growth;

(b) any listed major local roads;

(c) future road corridors for major local and all State roads;

(d) energy production facilities, such as power stations, and major electricity substation facilities;

(e) waste water treatment plants; or

(f) rail corridors.

Consistent with UZ 1, all State Roads should be zoned Utilities and based on the State Road Casement layer published on the LIST. This layer was developed to assist Councils in drafting their LPSs, with the intent to clearly identify land forming part of the State road network for inclusion within the Utilities Zone.

State Growth can advise that it is satisfied with Council’s application of the State Road Casement. State Roads support Council’s application of the Road and Railway Code provisions, rather than relying on overlay mapping. This will also ensure consistency with other approved LPSs (Brighton, Meander Valley, Burnie and Devonport).

West Tamar near Craythorne Road

CT 151920/3 is Crown Land, specifically Acquired Road. This parcel is highlighted in Figure 1, below.

The land is currently zoned as Rural Resource under the Interim Scheme, and is proposed to be zoned Agriculture under the draft LPS.

State Growth advises that this parcel forms part of the State Road network. At a minimum, to provide adequate sight distance to the West Tamar Highway/Craythorne Road intersection, State Growth requests that the land to the south of the yellow line in Figure 1 be zoned Utilities.

1 Tasmanian Planning Commission (2018) Guideline No. 1 – Local Provisions Schedule (LPS): zone and code application. Version 2.0. https://www.planning.tas.gov.au/__data/assets/pdf_file/0006/583854/Section-8A-Guideline-No.-1-Local-Provisions-Schedule-LPS- zone-and-code-application-version-2.pdf Page 2 of 8

Figure 1. CT 151920/3 is highlighted in blue. The yellow line demonstrates sight distance from the West Tamar Highway to the Craythorne Road intersection.

Natural Assets Code

There are several instances where the Natural Assets Code overlay maps Future Coastal Refugia Areas over the existing carriageway of the State Road Network. As per Table NAC 1 of the Guidelines, the Utilities Zone is a case-by-case zone.

NAC 6 of the Guidelines relevantly states:

The future coastal refugia area overlay should be derived from the guidance map, with the following considerations:

(a) …

(b) …

(c) the future coastal refugia area overlay may be applied to land that is currently within a case-by- case consideration zone if:

(i) the application of the future coastal refugia area overlay is compatible with the purpose of the zone; or

(ii) the application of the future coastal refugia area overlay will not significantly impact on the existing development on the land.

(d) …

Consistent with NAC 6 (c) of the Guidelines, it is requested that - unless sufficient justification can be provided to the Tasmanian Planning Commission - the Natural Assets Code Overlay Maps be reviewed to ensure that Future Coastal Refugia Areas do not overlap with any State Roads, which are to be zoned Utilities. This is because the application of such an overlay to the State Road Network has the potential to constrain future use and development of major infrastructure.

There are also several instances where the Natural Assets Code overlay maps Priority Vegetation Areas over the existing carriageway of the State Road Network.

It is recommended that the draft Natural Assets Code overlay maps are removed from the State Road parcels.

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Passenger Transport

A new Specific Area Plan (SAP) has been introduced for the Low Density Residential Zone for the areas in Beaconsfield, Beauty Point, Blackwall, Rosevears, Deviot, Exeter, Gravelly Beach, Grindelwald, Legana (north and south), Riverside and Swan Point.

The SAP aims to retain the existing settlement structure and it is unlikely that the density of development will significantly increase, due to limitations in providing on-site wastewater treatment for those properties.

There are no immediate negative consequences to the provision of passenger transport if this SAP were to be introduced.

Overall, the draft LPS appears to be largely a direct translation of the existing Interim Planning Scheme, with some minor exceptions, and there are no obvious increases in densities or changes to zoning that would affect the provision of passenger transport.

Port and Marine

There are a number of properties proposed to be zoned Ports and Marine:

• Garden Island, 171, 173 & 175 Bevic Road, Clarence Point, owned by the Tasmanian Ports Corporation Pty Ltd. • Inspection Head Wharf, 200 Flinders Street, Beauty Point is owned by the Tasmanian Ports Corporation Pty Ltd. • 112 Flinders Street, Beauty Point, owned by the Australian Maritime College. • Wharf Road, Beauty Point, which is Crown Land.

The proposed zoning under the LPS is a direct translation of the existing Interim Scheme zoning.

State Growth supports the proposed zoning of these properties.

Forestry

The draft LPS has applied the Agriculture Zone to a number of Private Timber Reserves (PTR) across the municipality that are currently zoned Rural Resource under the Interim Scheme.

Section 20.1 of the State Planning Provisions (SPPs) provides for the Zone Purpose for the Rural Zone:

The purpose of the Rural Zone is:

20.1.1 To provide for a range of use or development in a rural location:

(a) where agricultural use is limited or marginal due to topographical, environmental or other site or regional characteristics;

(b) that requires a rural location for operational reasons;

(c) is compatible with agricultural use if occurring on agricultural land;

Page 4 of 8 (d) minimises adverse impacts on surrounding uses.

20.1.2 To minimise conversion of agricultural land for non-agricultural use.

20.1.3 To ensure that use or development is of a scale and intensity that is appropriate for a rural location and does not compromise the function of surrounding settlements.

Section 21.1 of the SPPs provides for the Zone Purpose of the Agriculture Zone:

The purpose of the Agriculture Zone is:

21.1.1 To provide for the use or development of land for agricultural use.

21.1.2 To protect land for the use or development of agricultural use by minimising:

(a) conflict with or interference from non-agricultural uses;

(b) non-agricultural use or development that precludes the return of the land to agricultural use; and

(c) use of land for non-agricultural use in irrigation districts.

21.1.3 To provide for use or development that supports the use of the land for agricultural use.

AZ 6 of the Guidelines relevantly states:

Land identified in the ‘Land Potentially Suitable for Agriculture Zone’ layer may be considered for alternate zoning if:

(a) …

(b) for the identification and protection of a strategically important naturally occurring resource which requires an alternate zoning;

(c) …

(d) for the identification, provision or protection of strategically important uses that require an alternate zone; or

(e) …

Further, RZ 1 of the Guidelines states:

The Rural Zone should be applied to land in non-urban areas with limited or no potential for agriculture as a consequence of topographical, environmental or other characteristics of the area, and which is not more appropriately included within the Landscape Conservation Zone or Environmental Management Zone for the protection of specific values.

RZ 3 of the Guidelines relevantly states:

The Rural Zone may be applied to land identified in the ‘Land Potentially Suitable for Agriculture Zone’ layer, if:

(a) …

(b) …

Page 5 of 8 (c) the land is identified for the protection of a strategically important naturally occurring resource which is more appropriately located in the Rural Zone and is supported by strategic analysis;

(d) the land is identified for a strategically important use or development that is more appropriately located in the Rural Zone and is supported by strategic analysis; or

(e) …

Whilst it is noted that forest operations are exempt from the Land Use Planning and Approvals Act 1993, consistent with the Zone Purpose statements for the Rural and Agriculture Zone (and associated Use Tables), in addition to the application of zones through the Guidelines, it is considered that – wherever logical – land set aside for forestry purposes should be zoned as Rural instead of Agriculture.

Mineral Resources

Mining Lease #1767P/M covers an area of 569ha, encompassing the majority of the Beaconsfield township. For the most part, this Mining Lease is effectual 15 metres below ground level and has no impact to the zoning or any use or development occurring on the surface. However, there are instances where this Mining Lease extends to surface level.

Figure 2. The extent of Mining Lease #1767P/M.

Of most interest is 100 Weld Street, Beaconsfield. This property contains the Fresh Air Rise (FAR) Shaft for the Beaconsfield Mine. The FAR is essential infrastructure needed for ongoing mining operations and is critical for ingress and egress to the mine.

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Figure 3 (left). Aerial photography of 100 Weld Street, with the boundaries of the site in blue.

Figure 4 (right). The proposed zoning of the site under the LPS. Blue denotes the Local Business Zone.

Under the LPS, 100 Weld Street is proposed to be zoned Local Business. Extractive Industry is a prohibited use within this zone. Whilst the proposed zoning does not impinge on existing use rights, and the standards contained in Section 7.1 of the SPPs are noted, the proposed zoning has the potential to limit future use and development for essential services associated with mining operations.

State Growth strongly recommends that the proposed LPS recognises and preserves the strategic importance of the land under 100 Weld Street with respect to future mining and precludes development which might fetter future mining operations (e.g. (i.e. Residential and Visitor Accommodation).

It is suggested that a Site Specific Qualification (SSQ) may be the best way to facilitate any future use or development needed for the operation of the mine, while retaining the underlying zoning. It is recommended that the SSQ:

• Make Extractive Industry a Permitted Use for the site • Prohibit Residential and Visitor Accommodation for the site

A potential SSQ is set out in Table 1 below. An SSQ similar to below would both recognise the strategic significance to the overall operation of the mine and protect the property from future uses that could fetter the operations of the mine.

Reference Site reference Folio of the Description (modification, Relevant Clause in Number Register substitution or addition) State Planning Provisions WTA-14.1 100 Weld Street, 232659/1 An additional Permitted Use Local Business Zone – Beaconsfield Class for this site is: clause 14.2 Use Table

Extractive Industry

The Use Table is modified for this site to Prohibit the following Use Classes:

Residential Visitor Accommodation

Table 1. Potential SSQ for 100 Weld Street, Beaconsfield.

Page 7 of 8 Landslip Hazard Area

Council has applied the Landslip Hazard Area Overlay, consistent with LHC 1 of the Guidelines.

It is noted that there are areas within the municipality that are identified as Medium-Active or High Hazard Areas on the Overlay.

State Growth is satisfied that these areas are not proposed to be subject to significantly increased densification through the transition to the LPS.

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