ATTACHMENT C6 Planning Assessment Report (PSA-2/2017)
Applicant Mr Rowe
Agent PDA Surveyors
Property Part of Lot 1 Channel Highway, Cygnet (CT: 167891/1) (‘Property’); other subject of property as set out in the application application Application Application under Section 43A of the former Land Use Planning and Approvals Act 1993 (‘Act’): (i) For the initiation and certification of a Draft Amendment to the Huon Valley Interim Planning Scheme 2015; and (ii) For the issue of a Planning Permit under Section 43C(1) of the Act for subdivision of part of the Property for the creation of residential lots and other lots on the Property and for the creation of three Channel Highway road lots, and for the carrying out of associated works. The Section 43A application is a combined Section 33 and Section 43C(1) application under the Act.
Report CONTENTS INTRODUCTION - SECTION 43A APPLICATION SECTION 1 AND 2: ASSESSMENT OF DRAFT AMENDMENT PLANNING ASSESSMENT REPORT: ASSESSMENT OF SUBDIVISION Attachments ATTACHMENT A: Property Site Plan CT 167891/1 ATTACHMENT B: Section 43A Application Application Submission (37 pages) PDA Surveyors Annexures to Application Submission PDA Surveyors 1. Plans including Plan of Subdivision PDA Content page: V704UH (dated 10-8-2020) Surveyors Plans: V704UH: 0; 1, 2, 3, 4, 5, 6, and 9 (8 pages; dated 10-8-2020) Plans: V704UH: Plans: 10 – 11 (31-7-2020) Plans: V704UH: Plans: 50D; 51D; 52D (26-9-2019) 2. Section 43A Application Form PDA Surveyors 3. Consent Documentation Property owners 4. Title Documentation Property owners 5. Cygnet WWTP Odour Buffer Review (2017) Pitt and Sherry 6. Environmental Impacts & Attenuation Report dated SEAM 2020 Environment al 7. Bushfire Hazard Report and Bushfire Management GES Hazard Plan (2020); Letter (2020) Environment al Solutions 8. Stormwater Planning Report (2020) PDA Surveyors 9. Draft Amendment PDA Surveyors 10. Traffic Impact Assessment (2019) Midson Traffic 11. Land Capability Assessment (2017); GES GES Letter (2020) Environment al Solutions 12. Compliance Submission: PDA Southern Tasmania Regional Land Use Strategy Surveyors 13. (i) Correspondence Real Estate businesses (ii) Press release Minister for Housing 14. Supply Analysis Submission and map PDA Surveyors 15. Compliance Submission: PDA Huon Valley Interim Planning Scheme 2015 Surveyors 16. Property Access Statement PDA Surveyors 17. Cygnet Residential Capacity and Demand Analysis SGS Dated: 18 May 2020 (SGS Report No. 1) Economics and Planning ATTACHMENT C: 1. TasWater Notice (2019) 2. Planning Assessment Report and draft permit conditions (SUB- 36/2017) 3. Draft Amendment (PSA-2017) 4. Cygnet Residential Demand and Supply Analysis SGS Dated: 12 August 2020 (SGS Report No. 2) Economics and Planning 5. Legal Advice dated 2 February 2015 Abetz Curtis 6. Executive Summary HVC
INTRODUCTION - SECTION 43A APPLICATION
1. This is an assessment by Council, as a planning authority, of an application lodged under Section 43A of the former provisions of the Land Use Planning and Approvals Act 1993 (‘Act’). The former provisions are outlined in the report. Section 43A Application The Section 43A Application is for: (a) A Planning Scheme amendment (Draft Amendment) under Section 33 of the Act; and (b) The issue of a (draft) Planning Permit under Section 43C(1) of the Act for: (i) The subdivision for the creation of the lots referred to in the application of part of: Lot 1 Channel Highway, Cygnet (‘Property’) (CT: 167891/1); and 7368 Channel Highway, Cygnet (CT: 136624/1);
(ii) Works on land referred to in Table 3 of the report, and on Plan V704UH: 4 (Annexure 1; Attachment B).
Image 1: Location of the Property; part of Lot 1 Channel Highway, Cygnet (Google Earth extract)
2. Section 43A Application - documentation The application comprises the Application Submission (Attachment B) and its annexures as listed above. The application documentation includes a report, Cygnet Residential Capacity and Demand Analysis, prepared by SGS Economics and Planning (‘SGS’) (Annexure 14; Attachment B).
In addition to documentation in Attachment B, other documents considered in the assessment are referred to in the report, Planning Assessment Report and Attachment C. This includes the report, Cygnet Residential Demand and Supply Analysis, prepared by SGS for Council (SGS Report No. 2; Attachment C). Image 2: Location of the Property; part of Lot 1 Channel Highway, Cygnet (Google Earth extract)
3. Description of Property The Submission includes the following description of the Property: The site is located within the southern Tasmanian township of Cygnet. It is a single parcel of land with an area of 13.66ha, having a generally triangular shape. The lot is surrounded by dwellings, pastures, a vineyard, a sewerage treatment plant and the Port Cygnet Marine Reserve. The site has a frontage to Channel Highway of over 600m from which it currently gains access.
A large dam is located at the eastern corner of the site. The site also contains a small timber farm shed that is located just east of the dwelling at 7357 Channel Highway. Other than these features the land is a grassed hillside that gently slopes southward towards the Port Cygnet Marine Reserve. A small amount of vegetation exists on the site, mainly around the dam. (page 6) 4. Proposed Draft Amendment This Section 43A Application is for a Draft Amendment to be initiated and certified by the Council to amend the Huon Valley Interim Planning Scheme 2015 (‘Planning Scheme’) to: A. Partially rezone part of the Property (part of Lot 1 Channel Highway, Cygnet; CT: 167891/1) from Particular Purpose Zone 1 – Urban Growth Zone to General Residential; B. Partially rezone part of the Property from Particular Purpose Zone 1 – Urban Growth Zone to Utilities being land comprised in Lot 101 and 102 on Plan V704UH-4; C. Partially rezone part of 7368 Channel Highway, Cygnet comprised in CT: 136624/1 from General Residential to Utilities being land comprised in Lot 103 on Plan V704UH-50D; and D. Partially amend the application of the Scenic Landscapes Corridor Overlay to the Property.
Where it is necessary in the assessment to distinguish between any of the above amendments they are referred to as Draft Amendment (A), (B), (C) or (D).
The assessment of the Draft Amendment requires consideration of the Southern Tasmania Regional Land Use Strategy, 2011-2035 (Regional Strategy or STRLUS) that commenced in October 2011. The most recent revision of the strategy is the version dated 19 February 2020.
5. Outline of proposal The Submission sets out the purpose of the Draft Amendment as follows:
The purpose of the amendment is to provide Cygnet with an additional supply of land in the General Residential Zone that is capable of providing a steady supply of serviced residential allotments to assist Cygnet to cater for the existing and projected demand… (Section 4.1: page 12)
The Submission also includes the following planning advice on the proposal: …Cygnet has experienced a substantial increase in social and economic activity for a number of reasons and like many other settlements of the southern region, the supply of housing is inadequate to meet demand. The proposed amendments and residential subdivision would appropriately counteract existing supply constraints and thereby assist the region's strategic objectives for Cygnet as a medium growth township….
The site is one of the few sites in Cygnet that is suitably central, relatively level, accessible, serviceable and readily developable. It is considered that it has the right attributes to support sustainable growth of the population base in accordance with existing and likely future demand. It can be developed using readily available construction methods to meet current environmental standards. Cygnet has the social physical infrastructure to provide new residents with opportunities for healthy, educated, supported and well- connected lifestyles. (Section 7: page 36-37) 6. Proposed Subdivision It is proposed by the Draft Amendment that part of the Property be rezoned General Residential land as outlined in the report. The Section 43A Application is also for the issue of a Planning Permit under Section 43C(1) of the Act (‘Subdivision’) for: Subdivision of the land to be zoned General Residential to create 61 residential lots, two road lots (Lots 101 and Lot 102), a public open space lot (Lot 104), infrastructure servicing related lot (Lot 105), footway lot (Lot 106) and a balance lot (Lot 200) shown on the following plan; Subdivision of part of 7368 Channel Highway, Cygnet to create Lot 103 which is a proposed road lot that will form part of the Channel Highway reservation (together with Lots 101 and Lot 102); and Works associated with the Subdivision on land referred to in the Section 43A Application on the following plan and in Table 3.
The assessment of the Subdivision is the Planning Assessment Report. (Annexure 2; Attachment C)
Plan 1: Subdivision and staging plan; Locations of associated works including for works on 27 Esplanade, Cygnet - Plan V704UH: 4 (Annexure 1; Attachment B) 7. Planning Scheme zones The following zoning plan shows the existing: Particular Purpose Zone 1 – Urban Growth Zone that applies to the Property; Landscapes Corridor Overlay as it applies to the Property and other land; and Zones that apply to land adjoining the Property. These are: Utilities Zone; General Residential Zone; Environmental Management Zone; Rural Resource Zone and Particular Purpose Zone 1 – Urban Growth Zone.
Plan 2: Planning Scheme zoning map (Submission: page 4) Planning Scheme zones – Property and adjoining properties
The following Planning Scheme zones apply to the Property and adjoining properties.
Particular Purpose Zone 1 – Urban Growth Zone The Property and land adjoining the Property to the south are zoned Particular Purpose Zone 1 – Urban Growth Zone.
Image 3: Particular Purpose Zone 1 – Urban Growth Zone zoned land (LISTmap)
General Residential The Property adjoins General Residential land to the west and south.
Image 4: General Residential zoned land (LISTmap) Utilities Zone The Channel Highway next to the northern Property boundary and land at 7321 Channel Highway (Cygnet Treatment Plant) are zoned Utilities.
Image 5: Utilities Zone zoned land (LISTmap)
Environmental Management Rural Resource The Property adjoins Environmental The adjoining property 7319 Channel Management zoned land to the east. Highway is zoned Rural Resource.
Image 6: Environmental Management zoned land Image 7: Rural Resource zoned land (LISTmap) (LISTmap) 8. Planning Scheme Code Overlays The following Planning Scheme Code overlays apply to the Property and have been considered in relation to the Subdivision in the Planning Assessment Report. Attenuation Areas Code Overlay Coastal Inundation Hazard Area Overlay Biodiversity Protection Area Overlay Scenic Landscape Corridor Overlay Bushfire Prone Areas Overlay Waterway and Coastal Protection Areas Overlay
9. Attenuation Areas Code Overlay The Property is adjacent to the Cygnet Sewage Treatment Plant, Cygnet operated by TasWater (see above Utilities plan). The Planning Scheme Attenuation Code Overlay extends over part of the Property is shown below.
10. Report - Attenuation Areas Code A separate report has been prepared that recommends Council initiate an amendment to the Planning Scheme to reduce the Code Overlay area to 200 metres measured from the Cygnet Treatment Plant based on advice from TasWater and advice from its consultants, Pitt and Sherry.
11. Image 9 shows the location of the proposed amended Attenuation Code Overlay area, if approved, that will extend 200 metres from the Cygnet Treatment Plant and apply to part of Lot 200 (Balance Lot) but not the land to be rezoned General Residential (see further Section 3 of the Submission).
Image 8: Current Attenuation Code Overlay area Image 9: Proposed amended Code Overlay (LISTmap extract) area (Submission; page 9)
12. Purposes of the Planning Scheme In Clause 2.0 of the Planning Scheme, purposes of the scheme are set out in Clause 2.0(a) and (b) as follows: (a) To further the Objectives of the Resource Management and Planning System and of the Planning Process as set out in Parts 1 and 2 of Schedule 1 of the Act; and (b) To achieve the planning scheme objectives set out in clause 3.0 by regulating or prohibiting the use or development of land in the planning scheme area.
13. The Planning Scheme objectives in Clause 2.0(a) above include the following Residential Growth Objectives: 3.0.2-R Residential Growth: Regional Objectives; and 3.0.2-L Residential Growth: Local Objectives.
14. Planning Scheme Residential Growth Objectives – Assessment of Draft Amendment The Residential Growth: Regional Objectives and Local Objectives of the Planning Scheme are in the following table. The underlined objectives have been considered in relation to the Draft Amendment in the report.
Table 1: Residential Growth: Regional and Local Objectives – Planning Scheme 3.0.2 – R Residential Growth: Regional Objectives Objective: To manage residential growth holistically. Desired Outcomes: Outcomes to be achieved by: (a) A sustainable and compact (a) Confining land zoned for urban network of settlements that development within identified settlement complement the primary boundaries. settlement of Greater Hobart while (b) Providing zone standards so that land supporting self-sustaining rural zoned General Residential is developed areas. at a minimum of 15 dwellings per hectare (b) The supply of affordable housing is (net density. increased. (c) Ensuring that the amount of land zoned General Residential is consistent with growth targets for that settlement identified in the Regional Strategy based on the desired density. (d) Applying the Low Density Residential Zone only where necessary to manage land constraints or to acknowledge existing areas. (e) Minimising rural residential growth outside of identified settlements to existing rural residential areas. 3.0.2 - L Residential Growth: Local Objectives Objective: To manage residential growth of towns and settlements holistically. Desired Outcomes: Outcomes to be achieved by: (a) Residential growth targets are (a) Ensuring the amount of land within the achieved through infill General Residential Zone is sufficient to development at Franklin, meet likely demand for residential land Geeveston and Dover and through over a 15 year time horizon. a mix of infill and greenfield (b) Applying the Particular Purpose Zone 1 - development at Huonville and Urban Growth Zone to land identified for Cygnet. future residential expansion. (b) Land necessary for residential (c) Apply the Low Density Residential Zone growth in the medium to long term to existing coastal settlements and to land is identified and planned for within Cygnet that cannot be provided beyond the life of this planning with a full reticulated water service. scheme. (d) Apply the Rural Living Zone to existing (c) Existing coastal settlements are areas characterised by rural living consolidated within their current densities and provide for higher densities footprints and expanded only in where possible. response to demonstrated (e) Apply the Environmental Living Zone to demand. areas where the risk to life and property of (d) Existing rural living areas are land hazards is minimal or is not consolidated within their current increased and where environmental and footprints, redeveloped into higher landscape values can be retained across densities where not constrained by the landscape. infrastructure, land or character constraints and expanded only in response to demonstrated demand. (e) Limited opportunities for bushland living are provided in areas with public road access, where environmental and landscape values can be maintained in the long term and where any land hazards can be managed.
Image 10: Location of Lot 1 Channel Highway, Cygnet (LISTmap extract) 15. Draft Amendment – Annexure 9 Each of the amendments that are comprised in the Draft Amendment are shown on the following copy of Annexure 9.
Plan 3: Draft Amendment plan (Attachment B: Annexure 9) 16. Section 43A Application - Draft Amendment The following is a summary of each of Draft Amendment (A)-(D).
Draft Amendment (A) - Land to rezoned General Residential Part of the Property will be rezoned by Draft Amendment (A) to General Residential as shown on Annexure 9 (highlighted in red). The balance of the Property (Lot 200) will remain as Particular Purpose Zone 1 – Urban Growth Zone. Draft Amendment (B) – Land to be rezoned Utilities Part of the northern Property boundary The land to be rezoned is indicated by the where it borders the southern boundary of notation, 28.0 Utilities Zone (part of road the Channel Highway road reservation will widening) on Annexure 9. It is also be adjusted for road widening purposes. highlighted in yellow on the plan. The two lots are to be transferred to the Crown This boundary adjustment will result in the (Department of State Growth :DSG). creation of two new lots (Lots 101 and 102). These lots will be rezoned from Particular Purpose Zone 1 – Urban Growth Zone to Utilities by Draft Amendment (B).
Plan 4: Land to be rezoned Utilities as highlighted Plan 5: Land to be rezoned Utilities as highlighted in yellow (Annexure 9 extract) in yellow (Annexure 9 extract) Lots 101 and 102 are shown on the following plans
Plan 6: Extract from Staging Plan - V704UH-4 (Submission)
Plan 7: Extract of Plan V704UH-4 showing road lot (Lot 101) (Submission)
Plan 8: Extract of Plan V704UH-4 showing road l lot (Lot 102) (Submission) Draft Amendment (C) - Land to rezoned Utilities Part of 7368 Channel Highway, Cygnet comprised in CT 136624/1 is to be: Rezoned from General Residential to Utilities as shown on Annexure 9 (highlighted in yellow) and Plan 9; Created as a separate road lot (Lot 103).
Plan 9: Part of 7368 Channel Highway to be rezoned Plan 10: Part of 7368 Channel Highway, Cygnet and become Lot 103 (Extract of Annexure 9) (CT: Volume 136624 folio) (LISTmap- Cadastral Parcels - Owner information layer)
Plan 11: Lot 103 – Proposed Channel Highway road lot (Extract from Plan V704UH-50D Draft Amendment (D) – Amendment to Landscapes Corridor Overlay The Scenic Landscapes Code in the Planning Scheme includes the Scenic Landscape Corridor Overlay. This overlay currently extends west from the western boundary of 7357 Channel Highway, Cygnet for approximately 60 metres as shown by Image 11 and Plan 12. Draft Amendment (D) is to amend the Scenic Landscapes Corridor Overlay to reduce the overlay so it does not extend past the western property boundary of 7357 Channel Highway. The reduction to the overlay will apply to the part of the Property on the southern side of the Channel Highway as shown in Plan 13. (see further paragraph 4.2 of the Submission).
7357 Channel Highway, Cygnet (highlighted)
Image 11: Scenic Landscape Corridor Overlay (LISTmap extract)
Plan 12: Current Scenic Landscape Corridor Overlay Plan 13: Proposed extent of Scenic Landscape (Submission - extract of Figure 1; page 4) Corridor Overlay (Extract from Plan V704UH-3)
17 Section 43A Application - Subdivision The Section 43A Application is for the issue of a Planning Permit under Section 43C(1) of the Act to create the following lots and for associated subdivision works. Table 2: Subdivision lots Proposed lots Lot Description - SUB-37/2017 61 residential lots Part of the Property to be rezoned General Residential Lots 101 and Lot 102 Channel Highway lots Lot 103 Channel Highway lot: currently part of 7368 Channel Highway Lot 104 Public Open Space lot Lot 105 Infrastructure/Public Open Space lot (20sqm) Lot 106 Footway lot Associated works Subdivision related works on land in Table 3 and as shown on Plan 14 and other plans in Annexure 1; Attachment B.
18. Description of Lot 105 (page 12; Submission)
Subdivision stages: 12 proposed Subdivision stages are proposed.
Plan 14: Staging Plan: Plan V704UH: 4 (Annexure 1; Submission) 19. SECTION 1: ASSESSMENT OF DRAFT AMENDMENT Section 43A Application – professional advice The 43A Application documentation including the associated reports have been prepared by qualified persons. The qualified advice has been considered in the assessment of the Draft Amendment and the Subdivision.
20. LEGISLATIVE REQUIREMENTS - ASSESSMENT Land Use Planning and Approvals Act 1993 Under the transitional legislative provisions of the current Land Use Planning and Approvals Act 1993 (Schedule 6), the Section 43A Application is required to be assessed under former provisions of the Act that applied until 16 December 2015.
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/
21. Initiation and certification of the Draft Amendment A draft amendment to a planning scheme, if it is initiated by a decision of a planning authority under Section 34(1)(a) and certified under Section 35(2) of the Act, commences the formal statutory Planning Scheme amendment process.
22. Section 43A of the Act If the Council initiates the Draft Amendment, it may consider an application for a Planning Permit as part of the same application and decide to issue a Planning Permit.
23. Sections 43A is as follows: 43A. Application for a permit when amendment requested (1) A person who requests a planning authority to amend a planning scheme may also request the planning authority to consider, in accordance with this Division, an application for a permit which would not be allowed if the planning scheme were not amended as requested. (2) Where a planning authority has decided to initiate an amendment under section 33(3) , it may consider the application for a permit referred to in subsection (1) concurrently with the preparation of the requested amendment to the planning scheme. (3) An application may be made for a permit under this section even if it could not be granted under the existing planning scheme.
24. Schedule 1 Objectives In determining the application under Section 43A of the Act, Council is required to seek to further the objectives set out in Schedule 1 of the Act: Section 43C(1)(a). An assessment of Schedule 1 is set out in: This report regarding the Draft Amendment; and The Planning Assessment Report. 25. Consideration of the Schedule 1 Objectives are of particular importance because: Their consideration is mandatory under Sections 20 and 43C(1) of the Act in relation to both the Draft Amendment and draft Planning Permit; They are key objectives of the Act and also of the RMPS more broadly; There are other strategies and objectives to consider in the assessment relating to residential growth issues within the Cygnet Township. This includes the moderate growth strategy that applies to the Cygnet Township under the Regional Strategy which is referred to in the report below. There are also regional and local residential growth objectives in the Planning Scheme that require consideration.
26. As the Schedule 1 Objectives are sustainable development objectives they are of particular relevance regarding the supply and demand analysis issues raised in the SGS Reports. Therefore, the Schedule 1 Objectives have been given more significance or weight in the assessment of the Draft Amendment and the application under Section 43C(1) for a permit to issue for the Subdivision than some of the residential land strategies and Planning Scheme objectives . Specific reasons for this approach are set out in the report.
27. Section 43A Application details The applicant, Mr Rowe, as the Property owner appointed PDA Surveyors as his agent to act on his behalf for the Section 43A Application. A copy of that appointment is included with Annexure 2.
28. Section 43A Application - Combined Section 33 and Section 43C(1) application Paragraph 1.3 and paragraph 1.4 of the Submission set out details of the land and land owners regarding the application.
For the Section 43A Application, the Commission’s form (Form No. 1) for a combined Section 33 and Section 43C(1) application has been completed. The Form No. 1 includes relevant land details.
Annexure 2: This annexure includes the Form No. 1 and attached to the form are relevant signed land owner consents for the combined application together with Council’s application form. Land owner consents have been provided in relation to the combined application in accordance with the Act.
Annexure 3: This annexure includes the land title documentation. Also included in this annexure is an email from the Commission dated 18 March 2020.
The Section 43A Application is a valid application under the Act.
29. A summary of the land subject of the Section 43A Application including for associated works and details of the respective land owners is in the following table. Table 3: Land, land ownership details and location of Subdivision works Property: Lot 1 Channel Highway, Cygnet CT: 167891/1
Location of Subdivision works
Land comprised in CT: 17272-2 (road lot), CT 17272/2 Channel Highway
Location of Subdivision works
Land comprised in CT 136624/1 – part of 7368 CT: 136624/1 Channel Highway, Cygnet
Location of Subdivision works
Land comprised in CT 142190-10 (road lot), CT: 142190/10 Channel Highway
Location of Subdivision works Crown Land Services and Parks and Wildlife Land at Esplanade, Cygnet comprising part of the Esplanade road reservation and part of land adjoining the Esplanade road reservation shown on the following plans
Parks and Wildlife land (LISTmap) Crown Land Services land (LISTmap)
Location of Subdivision works is shown on Plans V704UH-(3- 6); Annexure 1; Attachment B.
Plan V704UH-6 (Annexure 1, Submission) Department of State Growth Land within the Channel Subdivision works to be carried out on Channel Highway reservation, Cygnet Highway as shown on Plans in Annexure 1; adjacent to the Property Attachment B. 27 Esplanade Road, Cygnet CT 124095/1
Subdivision works to be carried out on 27 Esplanade Road, Cygnet as shown on Plans V704UH-(3- 6); Annexure 1; Attachment B.
30. Section 43B of the Act Section 43B requires the assessment of the Draft Amendment to be considered in accordance with Division 2 of Part 3 of the Act. 43B. Application of certain provisions to draft amendment If the planning authority agrees to a request under section 43A, Division 2 of Part 3, except sections 37 and 43, applies to the amendment of the planning scheme referred to in section 43A(1).
These provisions have been considered in the assessment of the application.
31. Section 33(2B) of the Act Under Division 2 of Part 3 of the Act, before deciding whether to initiate the Draft Amendment, the Council must consider the matters in Section 33(2B) of the Act which provides: (2B) Before making a decision as to whether or not to initiate an amendment of the planning scheme, the planning authority must consider: (a) whether the requested amendment is consistent with the requirements of section 32; and (ab) any representation made under section 30I , and any statements in any report under section 30J as to the merit of a representation, that may be relevant to the amendment; and (b) any advice referred to in section 65 of the Local Government Act 1993 received by it.
32. Section 33(2B) has been considered as follows: (a) Section 33(2B)(a) This requirement is considered below.
(b) Section 33(2B)(ab) When the Planning Scheme was exhibited as required by the Act after it commenced in August 2015, no representations were received by the Council during the exhibition period regarding the Property. Therefore, this provision is not applicable. Section 33(2B)(b) Comment: This report and the Planning Assessment Report form the basis of the advice under the Local Government Act 1993.
33. Certification of an amendment – Section 35 of the Act Before certifying the Draft Amendment, Council must determine in accordance with Section 35 of the Act, whether or not the Draft Amendment meets the requirements specified in section 32.
If the Council is satisfied that it does meet the requirements of section 32, the Council may certify the Draft Amendment in accordance with section 35(2) of the Act. Alternatively, Council may modify the Draft Amendment in order to be satisfied it meets the requirements.
34. 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.
35. If Council initiates and certifies the Draft 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.
36. SECTION 2: ASSESSMENT – SECTIONS 32 AND 35 OF THE ACT Section 32 of the Act provides: Requirements for preparation of amendments (1) A draft amendment of a planning scheme, and an amendment of a planning scheme, in the opinion of the relevant decision•maker within the meaning of section 20(2A)– (a) (b) (c) (d) (e) must, as far as practicable, avoid the potential for land use conflicts with use and development permissible under the planning scheme applying to the adjacent area; and (ea) must not conflict with the requirements of section 30O; and (f) must have regard to the impact that the use and development permissible under the amendment will have on the use and development of the region as an entity in environmental, economic and social terms.
(2) The provisions of section 20(2), (3), (4), (5), (6), (7), (8) and (9) apply to the amendment of a planning scheme in the same manner as they apply to planning schemes.
These matters are considered below.
37. Assessment – Section 33(2B)(a) of the Act Set out below is an assessment of whether in accordance with Section 33(2B)(a), the Draft Amendment is consistent with the requirements of subsections 32(1)(e), (ea) and (f).
38. Assessment - Section 32(1)(e) of the Act Section 32(1)(e) provides: Whether the draft amendment as far as practicable, avoids the potential for land use conflicts with use and development permissible under the planning scheme applying to the adjacent area.
Section 32(1)(e) is not considered to be relevant to the Draft Amendment as the Property does not adjoin the adjacent planning area.
39. Section 32(1)(ea) of the Act This section requires consideration of Section 30O(1) of the Act which provides: 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.
40. Assessment - Section 32(1)(ea) of the Act Section 32(1)(ea) of the Act requires that a draft amendment must not conflict with the requirements of section 30O(1). Therefore, this report has considered whether the Draft Amendment: Is, as far as is practicable, consistent with the Regional Strategy; and Meets the requirements set out in section 30O(2)-(5) inclusive of the Act (this requirement is dealt with in the following part of this section).
41. Section 30O(1) of the Act Prior to an amendment to Section 30O(1) of the Act in January 2015, this provision required consideration of whether a proposed draft amendment was consistent with the Regional Strategy. However, following the amendment, it is necessary to consider whether a draft amendment is ...as far as is,…practicable, consistent with the Regional Strategy….
42. Application of Section 30O(1) to assessment of Draft Amendment For the above reasons, the Council needs to be satisfied the Draft Amendment is …as far as practicable, consistent with the Regional Strategy. An ordinary meaning applies to these words. However, in relation to the application of Section 30O(1) the following applies: There is not a legislative requirement for a draft amendment to be consistent with the Regional Strategy; The Draft Amendment is not required to be fully or completely consistent with the Regional Strategy; A Regional Strategy policy is not required to be given more weight or the same weight as another Regional Strategy policy in regard to a draft amendment.
43. This aspect pf the assessment is relevant to the consideration of Section 30O(1) in regard to some residential growth strategies and objectives. They include the Cygnet Township residential growth strategy (moderate growth strategy) applicable under the Regional Strategy. They also include Planning Scheme residential growth objectives. A description of the Township and Township area is also in the following section of the report.
44. As outlined above in the report, the Schedule 1 sustainable development objectives of the Act have been given more significance or weight in the assessment of the Draft Amendment and the Section 43C(1) than some of the residential growth strategies and objectives.
45. One reason for this approach is that whilst the consideration of the Schedule 1 Objectives is a mandatory legislative requirement, that is not the case in relation to, for example, the moderate growth strategy applicable under the Regional Strategy to the Cygnet Township. These matters are discussed further in the report.
46. Section 30O(1) of the Act - Legal advice - Annexure 5 of Attachment C In 2014 after it endorsed its draft interim Planning Scheme, Council arranged for a due diligence review of proposed draft interim Planning Scheme provisions for compliance with the Act prior to the commencement of the scheme in August 2015 (‘Compliance Report’). Legal advice was obtained for this purpose which is Annexure 5 of Attachment C. The Compliance Report and legal advice were provided to the Commission in February 2015 for review by the Commission of the proposed scheme.
47. Section 30E(6) of the Act One of the sections that was relevant to consideration of the draft interim Planning Scheme was Section 30E(6) of the Act. Part of this section has the same wording as part of Section 30O(1) as set out below.
48. The legal advice in Annexure 5 (Attachment C) regarding Section 30E(1) has been considered because of the similar wording to Section 30O(1).
49. The Commission issued a formal directions notice (Amended Directions Notice) to the Council under the Act in March 2015 that specified the accepted changes to the draft interim Planning Scheme enabling Council to complete implementation steps for the Planning Scheme to commence in August 2015.
Table 4: Sections 3E(6) and Section 30O(1) of the Act Section 30E(6) of the Act Section 30O(1) of the Act When a planning authority considers a When a planning authority considers a draft draft Interim Planning Scheme, Section amendment, Section 30O(1) requires the 30E(6) requires the draft scheme to be draft amendment to be (in the opinion of the (in the opinion of the planning authority) planning authority) as far as is practicable, as far as practicable consistent with the consistent with the Regional Strategy. It Regional Strategy. It provides: provides:
Subject to section 20(1), a draft interim An amendment may only be made under planning scheme and an interim Division 2 or 2A to a local provision of a planning scheme are to be, in the planning scheme, or to insert a local opinion of the decision-maker, within provision into, or remove a local provision the meaning of section 20(2A), as far as from, such a scheme, if the amendment is, practicable consistent with the regional as far as is, in the opinion of the relevant land use strategy, if any, for the regional decision-maker within the meaning of area in which the schemes are to apply. 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. The words that are the same in this The words that are the same in this section section as in Section 30O(1) are as in Section 30E(6) are underlined below: underlined below: …if the amendment is, as far as is, in the a draft interim planning scheme and opinion of the relevant decision-maker an interim planning scheme are to be, within the meaning of section 20(2A), in the opinion of the decision-maker, practicable, consistent with the regional within the meaning of section 20(2A), as land use strategy, if any, for the regional far as practicable consistent with the area…. regional land use strategy, if any, for the regional area …. ”
50. Residential growth strategies - regional and local strategies The Regional Strategy applies regional residential growth strategies within the region. A moderate growth strategy has been applied by the Regional Strategy to the Cygnet Township since October 2011.
51. The following strategies and objectives are referred to in the following table: moderate growth strategy (Regional Strategy); regional residential growth objectives (Planning Scheme); local residential growth objectives (Planning Scheme).
52. The assessment of the Draft Amendment has considered the moderate growth strategy and Planning Scheme residential growth (regional and local) objectives applicable within the Cygnet Township.
Table 5: Residential growth strategies and objectives Local residential growth strategy Moderate growth strategy Local residential growth objective for the A moderate growth strategy applies to the supply of 15 years residential land Cygnet Township under the Regional applies under the Planning Scheme Strategy, and also through a Planning (local residential growth objective) Scheme regional residential growth objective provision. Local residential growth strategy Regional residential growth strategy objective objective For the Cygnet Township, this local For the Cygnet Township, the moderate residential growth strategy objective is for growth strategy and regional residential General Residential zoned land to be growth objective are for General based on a 15 year supply of available Residential zoned land to be based on residential zoned land within the 10%-20% growth in dwelling numbers in township from 2011. the township from 2011.
That is, the objective is for sufficient That is, the objective is for sufficient General Residential zoned land to be General Residential zoned land to be available within the township to meet available to meet the projected growth of likely demand for this land over a 15 year 10%-20% of dwelling numbers from 2011 timeframe. in the township.
See further Table 10 See further Table 10
53. Assessment –Regional Strategy - Section 32(1)(ea) The Regional Strategy is a broad statutory based strategic planning policy. The Vision, Strategic Directions and Regional Policies of the Regional Strategy have been considered as set out in the below.
The Regional Strategy includes the following statement on page 1: The Regional Strategy is intended to be a broad policy document that will facilitate and manage change, growth, and development within Southern Tasmania over the next 25 years
54. This policy statement above and the statement in the Planning Scheme (Section 2.2.3) about the purpose of the Regional Strategy make it clear the strategy can be considered not only a broad (strategic planning) policy document but also the means by which change, growth and development outcomes of the strategy are facilitated and, as necessary, managed until 2036. 55. Assessment of Regional Policies in the Regional Strategy: Section 32(1)(ea) The following part of the report considers the following Regional Strategy Regional Policies as part of the assessment of the Draft Amendment and whether it is, as far as, practicable, consistent with the Regional Strategy.
5 Biodiversity and Geodiversity Policy 6 Water Resources Policy 7 The Coast Policy 9 Cultural Values Policy 10 Recreation and Open Space Policy 11 Social Infrastructure Policy 12 Physical Infrastructure Policy 13 Land Use and Transport Integration Policy 14 Tourism Policy 16 Productive Resources Policy 18 Activity Centres Policy 19 Settlement and Residential Development Policy
56. Regional Policy 19 - Settlement and Residential Development Policy As there are a number of important residential supply and demand issues that arise from the advice provided in the SGS Reports, the Settlement Strategy and Development Policy has been considered before the other policies.
The residential supply and demand advice in the Submission (including Section 5.4 and Annexures 12, 13 and 14) regarding the Township has been considered.
57. Regional Settlement Strategy The following aims of the Settlement Strategy and Development Policy have been considered in relation to the Draft Amendment. The Draft Amendment is consistent with the aims that are underlined.
Encouraging the consolidation and strengthening of rural towns and villages; Discouraging new residential uses not associated with rural activity in productive rural areas; Planning for rural living opportunities to minimise detrimental impacts; Minimising inappropriate residential development in areas at risk from hazards such as sea-level rise, flooding and bushfire; Maximising use of existing infrastructure; Minimising pressure on duplication of services in remote areas; Avoiding the creation of any further environmental issues caused by on-site wastewater disposal; Preventing linear development in coastal areas; and Protecting distinct landscape character.
58. Settlement Strategy and Development Policy - components The following underlined components of the Settlement Strategy and Development Policy have been considered in this part of the report. SRD 1 Provide a sustainable and compact network of settlements with Greater Hobart at its core, that is capable of meeting projected demand. SRD 1.1 Implement the Regional Settlement Strategy and associated growth management strategies through planning schemes. SRD 1.2 Manage residential growth in District Centres, District Towns and Townships through a hierarchy of planning processes as follows: 1. Strategy (regional function & growth scenario); 2. Settlement Structure Plans (including identification of settlement boundaries); 3. Subdivision Permit; 4. Use and Development Permit. …….. SRD 1.5 Encourage land zoned General Residential to be developed at a minimum of 15 dwellings per hectare (net density)
59. SRD 1.1 and SRD 1.2: Regional Settlement Strategy The Regional Settlement Strategy referred to in Section 19.5 of the Regional Strategy provides a framework to define the future role and function of each of the region’s settlements. This strategy is described in Section 19.5.1 as a:
…two tier classification system ….whereby either a suburb or settlement is part of Greater Hobart (and therefore subject to the Greater Hobart Settlement Strategy) or its role and function is categorised as Major District Centre, District Town, Township, Village, Other Small Settlements or Locality.
60. Regional Strategy Strategic Directions The Draft Amendment is considered to be consistent with the following Regional Strategy Strategic Directions and with the elements of the Regional Settlement Strategy (Section 19.5) indicated in the table below.
SD1: Adopting a more Integrated Approach to Planning and Infrastructure SD2: Holistically Managing Residential Growth SD3: Creating a Network of Vibrant and Attractive Activity Centres SD8: Supporting Strong and Healthy Communities SD10: Creating Liveable Communities
Table 6: Regional Settlement Strategy As set out in the Regional Strategy the Draft Amendment Regional Settlement Strategy is aimed at: Encouraging the consolidation and The Draft Amendment is strengthening of rural towns and villages; consistent with this requirement Discouraging new residential uses not The Draft Amendment is associated with rural activity in productive consistent with this requirement rural areas; Planning for rural living opportunities to minimise detrimental impacts; Minimising inappropriate residential development in areas at risk from hazards such as sea-level rise, flooding and bushfire; Maximising use of existing infrastructure; The Draft Amendment is consistent with this requirement Minimising pressure on duplication of services in remote areas; Avoiding the creation of any further environmental issues caused by on-site wastewater disposal; Preventing linear development in coastal areas; and Protecting distinct landscape character.
61. SRD 1.1 and SRD 1.2 - Cygnet Township and area This part of the report considers the following: SRD 1.1 Implement the Regional Settlement Strategy and associated growth management strategies through planning schemes SRD 1.2 Manage residential growth in District Centres, District Towns and Townships through a hierarchy of planning processes as follows: 1. Strategy (regional function & growth scenario)
62. For this part of the assessment of the Draft Amendment it is necessary to consider the nature of: Cygnet as a Township under the Regional Strategy; Cygnet Township area.
(i) Cygnet as a Township under the Regional Strategy Cygnet is classified as a ‘Township’ in Table 3 in the Regional Strategy. The characteristics of a Township are set out in Table 2 of the strategy and in Background Report No.14: Providing for Housing Needs, 2011 (page 39). A Township area excludes any surrounding rural living areas.
The Submission and SGS Reports refer to the Township description in the Regional Strategy. A description of the Cygnet Township is also included in a 2013 Commission decision regarding Cygnet. A decision by the Commission in 2012 refers to Cygnet as being: classified as a minor or neighbourhood centre in the Regional Strategy’s activity centre hierarchy… 2012 Commission decision Table 7: Extract from Table 2, Regional Strategy (page 87)
(ii) Cygnet Township area Although Cygnet is a Township for the purposes of the Regional Strategy and referred to on Map 9 of the strategy, the Township area is not clearly defined in terms of spatial area on that map or elsewhere in the strategy. The Huon Valley Land Use and Development Strategy (HVLUS) was endorsed by Council in 2007 as a land use and settlement strategy and is referenced in the Regional Strategy as follows: Regional Settlement Strategy The move towards a more structured approach to residential growth has already occurred with the development of the existing sub-regional and municipal level settlement strategies (Joint Land Use Planning Initiative, Vision East and Huon Valley Land Use & Development Strategy)… (page 85)
63. The HVLUS sets out Strategic Directions and Guiding Principles for Cygnet for specific commercial, industrial, community and residential use and development areas. One of the strategic planning Guiding Principles for residential development that is relevant to the Cygnet Township states: Future development to be located in locations that can be serviced and provided a high level of residential amenity within an urban growth boundary based on the capacity and coverage of existing and planned infrastructure. (page 43)
64. The Cygnet Strategy map (Plan 15) includes an Urban Growth Boundary (UGB) for Cygnet outlined in yellow on the map. The UGB area on the Cygnet Strategy map has been used for the residential supply and demand analysis. Plan 15: Cygnet Strategy map - Huon Valley Land Use and Development Strategy
65. Cygnet Township area - Urban Centre and Locality (UCL) mapped area For the purposes of Table 3 of the Regional Strategy, the UCL area as a mapped LISTmap layer, is considered to represent the Cygnet Township area. This is because the UCL area aligns more closely with the Cygnet residential Planning Scheme zones than the UGB mapped area. The UCL area is shown on the following map, Image 12. This image shows land within the UCL area that is zoned General Residential (red) and land that is subject to other zones.
The Cygnet UCL area on the Cygnet Strategy map has also been used for the residential supply and demand analysis. Planning Scheme Zones - Cygnet Huon Valley Interim Planning Scheme 2015
Image 12: Extent of Cygnet UCL area and Planning Scheme residential zones and other image extracts: LISTmap 66. Regional Settlement Strategy - growth strategy SRD 1.1 of the Regional Strategy Settlement and Residential Development Policy, refers to the implementation of the Regional Settlement Strategy and associated growth management strategies through planning schemes to manage projected residential growth.
The application of the moderate growth strategy through the Planning Scheme for the management of residential growth in the Cygnet Township is considered in this part of the report. In Section 19.5.2, the Regional Strategy states: “The growth management strategies for the settlements across the region are divided into four categories as follows (the percentage growth is calculated as the percentage of the number of dwelling existing at the declaration date that can occur across the 25 year planning period)”…
67. Moderate growth strategy The growth management strategy for Cygnet is: Moderate Growth - 10% to 20% increase in no. of potential dwellings. (page 86)
This moderate growth strategy was based on a projected 10% to 20% increase in the number of potential dwellings from October 2011 when the strategy commenced. Further details and advice on this strategy is set out in the SGS Reports.
68. Mixed scenario The growth management strategy is considered against the growth scenario. The growth scenarios are categorised into mixed and consolidation. The Regional Strategy states: A mixed growth scenario indicates that residential growth should come from a mix of both greenfield and infill circumstances and that expansion of the residential zone may be required dependent upon an assessment of the yield capacity and vacancy of existing zoned land……
69. For Cygnet, the Regional Settlement Strategy provides from 2011: For a mixed growth scenario and for residential growth to come from a mix of both greenfield and infill development, and That expansion of the residential zone may be required dependent upon an assessment of the yield capacity and vacancy of existing zoned land (Section 19.5.2).
Greenfield land and infill development are considered in the report below.
Table 8: Summary of Growth Strategy and Growth Scenario - Cygnet SETTLEMENT GROWTH STRATEGY GROWTH SCENARIO Cygnet Township Moderate Mixed
70. Regional Strategy projections – Cygnet Township moderate growth strategy Shortly after its commencement in 2013, the Commission noted in its decision relating to PSA-5/2013 regarding Cygnet that: The Regional Strategy identifies that a limited amount of growth is to be expected in the Cygnet settlement over the next 25 years….. However, this is no longer the case. Residential housing development that has occurred since the commencement of the Regional Strategy in the Cygnet Township area now exceeds the 2011 moderate growth strategy projection of the strategy.
71. Property, building and subdivision information – SGS Reports In 2020 a review of property, subdivision and building information was undertaken to: Quantify the extent of residential based development within the Cygnet UCL and UGB areas from October 2011 (when the Regional Strategy commenced) to 30 June 2019 (updated to 30 January 2020), and Assess residential land potentially suitable for development as lots located within the UCL and UGB areas for the period to 2035.
72. The following data was used for this review. Whilst it was in part sourced from Council’s records, it was also publicly available data such as property, infrastructure, valuation and planning information from the LISTmap and iplan websites, and building related information from the Australian Bureau of Statistics (ABS): Number of properties where following an approval for the construction of a residential dwelling (building permit issued), the construction had progressed to the stage where an Occupancy Permit had been issued. The issue of an Occupancy Permit by a building surveyor enables a residential building to be occupied as a habitable building, and also enables the property to then be revalued for residential (rating) purposes as a non-vacant residential property. Number and nature of vacant residential lots; and Nature and type of approved subdivisions that reached the stage of development where subdivision works for approved new lots had been completed enabling titles for the new lots to then be issued by Land Tasmania (Land Titles Office) for the new subdivided lots.
73. In addition, a review was undertaken by Council officers of residential zoned land within Cygnet UCL and UGB areas to review potential land suitable for development to meet anticipated demand for land able to be developed over the following 15 years to 2035. This was principally a review of land zoned either General Residential or Low Density Residential. The review considered statutory planning and infrastructure related issues, for example, location of land, applicable Planning Scheme Code overlay(s) that may impact on development of a lot, and nature of infrastructure servicing for identified lots.
This data that could then be utilised as part of the supply and demand analysis was provided to SGS and is referred to in the reports.
74. Cygnet Township - moderate growth strategy Advice from the SGS Reports on the Regional Strategy residential growth strategy (moderate growth strategy) outcome for the Cygnet Township that has been reached (i.e., 10% to 20% increase in the number of potential dwellings within the township from 2011) is included in the following part of the report. 75. Demand - Regional Strategy projections (moderate growth strategy) In relation to the projections for growth for the township the SGS Report No. 2 states: “The demand projections in STRLUS were primarily based on historic growth, primarily based on Census publications of which the most recent, published one would have been 2006. Since 2011, population growth and related dwelling demand has outpaced anticipated growth as detailed in STRLUS.” (page 21)
76. In relation to population growth the SGS Report No. 1 states: Strong population growth has been evident in Cygnet over the past decade (Figure 2). Between 2010 and 2019 the average annual growth rate was 1.7 per cent per annum. This has increased to 2.4 per cent over the past five years, and 2.9 per cent in the past three. As a result, the figure also reveals that the population forecast for Cygnet in 2021, using the Treasury growth rates for the Huon Valley (Table 1), has already been met by 2019, even under the high scenario. (page 4)
77. The SGS Report No. 2 states in relation to moderate growth strategy in the Regional Strategy: A 20 per cent increase over 25 years (the length of the Strategy) corresponds to an annual average growth rate of 0.9 per cent per annum for Cygnet. As explored in the Housing Demand chapter, this is well below the recent and current experience in Cygnet.
This means that more growth will be needed to be accommodated in Cygnet than outlined in the STRLUS. (page 14/15)
78. The summary in the following table for the UCL area shows the increase in the number of residential dwellings in the Cygnet UCL area between October 2011 and 30 January 2020.
Table 9: Residential buildings and vacant land (UCL), Cygnet October 2011 – January 2020 UCL Land UCL Land 17/10/2011 30/1/2020 Residential buildings Residential buildings (Occupancy Permit issued for a dwelling; (Occupancy Permit issued for a dwelling; land then classified as non-vacant land then classified as non-vacant residential land) residential land) 352 434 +82 dwellings Vacant residential land Vacant residential land (land classified as vacant residential land) (land classified as vacant residential land) 66 59 -7 vacant lots Council data 2020 79. Residential land - vacant lots The table shows a decrease in the number of vacant residential lots within the UCL area. Further information is in the SGS Reports.
80. Residential buildings (approvals) – Cygnet Township The Submission refers to the number of dwelling approvals in 2011 in the Cygnet UCL area and applying the moderate growth strategy calculates the projected number of dwellings as follows: In 2011 there were 396 dwellings in the Cygnet UCL area which at 20% growth takes the increase in required new dwellings to 79 to match the projections of the STRLUS. (page 34)
81. Residential buildings (buildings completed to occupancy stage) – Cygnet Township The Table above shows there were 352 buildings in the UCL area completed to building occupancy stage in October 2011. This meant that 70 new residential buildings were required to match the moderate growth strategy projection for the township.
82. Demand and supply - residential land The SGS Reports and the following parts of the reports include advice that refers to the demand for residential land in the township, the extent (capacity) to which residential land is currently available to meet that demand, the amount of land that would be required to 2036 to meet anticipated demand and other demand and supply factors based on the methodology in the reports.
83. SGS Report No. 1 states: Demand for housing in Cygnet is strong. To 2036 it is estimated that there will be demand for another 727 dwellings in the Cygnet area from 2020. Assuming that 80 per cent of the dwellings should be located within the urban growth boundary to protect agricultural land from fragmentation and to develop greater economic and social vibrancy in the town, then 582 dwellings will be demanded within the growth boundary.
As it currently stands, there is insufficient land available to achieve a dwelling capacity that will meet the projected demand within the urban growth boundary. The insufficient supply means that potential new residents cannot move to Cygnet due to insufficient choice and affordability pressures. The development of a sub-division at Lot 1 Channel Highway will help address these capacity restraints allowing more people to move to Cygnet in a fashion that meets government objectives. (page iii; Annexure 17)
84. The SGS Report No. 2 states: Demand for housing in Cygnet is strong. To 2036 it is estimated that there will be demand for another 524 dwellings in the Cygnet area from 2020. Assuming that 80 per cent of the dwellings should be located within the urban growth boundary to protect agricultural land from fragmentation and to develop greater economic and social vibrancy in the town, then 419 dwellings will be demanded within the growth boundary. (page 23) 85. Supply of residential land (capacity) The SGS Report No. 1 states: The capacity analysis indicates that currently there is capacity to provide another 266 to 417 new dwellings in the Cygnet growth boundary to 2036 depending on dwelling density and realisation rates. If Huon Valley Council land in the George Street redevelopment area is developed, the high capacity scenario increases to 466 dwellings. The actual capacity likely lies somewhere in the middle, or towards the bottom of this range of 266 to 466 dwellings, with the higher scenario unlikely to be realised. (page iii)
86. The SGS Report No. 2 states: The capacity analysis indicates that currently there is the capacity to provide another 92 to165 new dwellings in the Cygnet urban growth boundary to 2036, and 91 to 163 new dwellings in the Cygnet urban centre locality depending on dwelling density and realisation rates. If HVC land in the George Street redevelopment area is developed, the high capacity scenario increases to 209 and 207 dwellings for the UGB and UCL respectively. The actual capacity likely lies somewhere towards to bottom of this range, with the higher scenario unlikely to be realised. (page 23)
87. Residential growth strategies - SRD 1.1 and Planning Scheme For the Cygnet Township, the residential management strategies in the following table have been considered in relation to assessment of: The Draft Amendment and Section 43C(1) application; Residential growth projections to 2036 (medium to longer term); The following residential growth strategies and policies, and whether they are consistent or inconsistent with each other or with the Schedule 1 Objectives given the advice in the SGS Reports and the comments in the table from those reports.
Table 10: Residential growth strategies Local residential growth strategy Moderate growth strategy Local residential growth objective for the A moderate growth strategy applies to the supply of 15 years residential land applies Cygnet Township under the Regional under the Planning Scheme (local Strategy, and also through a Planning residential growth objective) Scheme regional residential growth objective provision. Local residential growth strategy Regional residential growth strategy objective objective For the Cygnet Township, this local For the Cygnet Township, the moderate residential growth strategy objective is for growth strategy and regional residential General Residential zoned land to be growth objective are for General based on a 15 year supply of available Residential zoned land to be based on residential zoned land within the township 10%-20% growth in dwelling numbers in from 2011. the township from 2011.
That is, the objective is for sufficient That is, the objective is for sufficient General Residential zoned land to be General Residential zoned land to be available within the township to meet likely available to meet the projected growth of demand for this land over a 15 year 10%-20% of dwelling numbers from 2011 timeframe. in the township.
See further Table 10 See further Table 10 This local objective is as follows: This regional objective is as follows: Clause 3.0.2 – L Residential Growth: Local Clause 3.0.2 – R Residential Growth: Objectives Regional Objectives (a) Ensuring the amount of land within the (c) Ensuring that the amount of land General Residential Zone is sufficient to zoned General Residential is consistent meet likely demand for residential land with growth targets for that settlement over a 15 year time horizon. identified in the Regional Strategy based on the desired density SGS Reports: The following advice has been provided in the reports regarding residential land in the township. The SGS Report (No. 1) refers to the The SGS Report (No. 1) states: The need for: … approximately 15 years of take up of land is also at a rate faster vacant supply of land available to than the growth rates suggested in the prevent speculative land behaviour Treasury forecasts. There are also and upward pressure on land and forecasts for Cygnet in the Southern housing affordability. (page 11) Tasmanian Regional Land Use The SGS Report No.2 states: In order Strategy (STRLUS), which to achieve the overarching strategic corresponds to an annual average planning objectives of urban growth rate of 0.9 per cent per annum consolidation, prevention of sprawl and for Cygnet. (page 4) fragmentation of agricultural land, it is The SGS Report No.2 also states: of the utmost importance to ensure …The analysis shows there is an acute sufficient and suitable vacant shortage of suitable, vacant residential residential land is provided for in and land to accommodate future growth, around existing settlements (within while meeting the overarching planning their UGB)..(page 21). objectives…. (page 21).… As it The SGS Report No 2 states: currently stands, there is insufficient …There is an urgent need to update land available to achieve a dwelling STRLUS to reflect updated projections capacity that will meet the projected and ensure the overarching strategic demand within the urban growth planning objectives are achieved. boundary. (page 23). There is also a need to update the Treasury population projections to appropriately account of intrastate migration patterns.. (page 21)
SGS Report (No. 1) The report states: “The new supply of land for residential development at Lot 1 on the Channel Highway is critical to addressing the present and medium-term shortfall in land for residential development within the Cygnet growth boundary.” (page 13)
See further – SGS Reports and Section 5.4.6 of the Submission.
88. Consideration of the moderate growth strategy The SGS Reports clearly set out that there is not sufficient residential land capacity within the Cygnet Township area for the next 10-15 years. In particular, it is relevant that the number of dwellings that the moderate growth strategy relates to within the township have now been constructed (Table 9).
It is therefore necessary to specifically consider to what extent the moderate growth strategy should be considered suitable as a residential growth strategy for the township.
89. The following issues have been considered in relation to the former draft interim Planning Scheme as there were in the lead up to the commencement of the current Planning Scheme, some similar issues that arose regarding potentially inconsistent strategies and polices in regard to that scheme. These issues were resolved. The following has therefore been considered in relation to the moderate growth strategy and how it may need to be applied for the time being.
90. Planning Scheme zone applicable to the Property Prior to the implementation of the current Planning Scheme in 2015, a strategic planning review of residential and other land within Cygnet was carried out by Council. This review identified the Property and some other Cygnet land, as land suitable for future urban residential use and development.
91. Draft Interim Planning Scheme In 2015 the Council completed the Compliance Report as part of a due diligence review of proposed draft interim Planning Scheme provisions (Section 30J Compliance Report). The following page from that report refers to the Property.
Plan 16: Extract - Council Compliance Report (2015) 92. The accompanying legal advice in Annexure 5 (Attachment C) is relevant as the advice related to the following: The extent to which Local Strategies (e.g., HVLUS) could inform zoning changes in the draft Interim Planning Scheme; Whether the zoning changes proposed by Council were inconsistent with the Regional Strategies (e.g., Regional Strategy) or current zoning; and If there was an inconsistency with either the Regional Strategies (e.g., Regional Strategy) or current zoning, the changes in the draft Interim Planning Scheme were still permissible.
The advice has been considered as Section 30O(1) has similar wording to Section 30E(6) of the Act. Section 30E(6) requires a draft Interim Planning Scheme to be as far as practicable consistent with the Regional Strategy as outlined in Table 4 above.
93. The following points are a summary of the above advice which has been considered given the similarities in the sections of the Act. Nature of the discretion to be exercised The advice referred to the nature of the discretion required to be exercised by Council (planning authority) in relation to the requirement: as far as practicable consistent with the regional land use strategy. The advice stated: The change of wording from “are to be consistent” to “in the opinion of the decisionmaker” clearly imports the idea of a discretion into the consideration of draft planning schemes. The acknowledgement of discretion accords with general planning principles. (page 4) Practicality of consistency - interim Planning Scheme and Regional Strategy In relation to potential inconsistencies between interim Planning Scheme provisions and the Regional Strategy, the advice stated that use of the words, as far as practicable consistent in Section 30E indicates an acknowledgement that consistency between planning schemes and consistency between regional and local concerns may be an impractical or even impossible result in some circumstances. The advice refers to the importance of flexibility to allow for developments and uses…(page 4)
The advice stated that consistency is required only as far as practicable in the opinion of the decision maker. It follows that inconsistency must be demonstrable in the opinion of the decision maker and practicably avoidable given the local situation. (page 5);
94. The advice also stated: A lack of consistency will not necessarily mean identifiable inconsistency; (page 5) A lack of inconsistency with Regional Strategies or current zoning is not an absolute and inflexible rule; (page 5) That consistency with Regional Strategies is one consideration in assessing the suitability of proposed zoning, along with practical and strategic local considerations…(page 23) Regional Strategy The advice stated in relation to the use of the word should (underlined) in the Regional Strategy statement below that …use of the word “should” accords with the existence of discretionary and practical considerations that may require apparent or technical inconsistency to be overlooked. Regional Strategy: Where there is an inconsistency between local strategic planning and this regional strategy, the latter should prevail. (page 7):
95. The advice has been noted in so far as it is relevant to consider for the application of Section 30O(1) in the assessment of the Draft Amendment. The advice indicates that the requirement in Section 30E(6) - to be as far as practicable consistent - can mean that consistency between regional and local strategies and objectives may be impractical or even impossible depending on the situation.
96. Property and Particular Purpose Zone 1 – Urban Growth Zone When the Planning Scheme commenced in August 2015, the Property was zoned Particular Purpose Zone 1 – Urban Growth Zone. This was considered the appropriate zone by Council, it having previously identified the land for future residential use and development.
97. The transition of the property to its current zone was as a result of former strategic planning work in which it was identified for inclusion in the zone. This included planning advice identifying the Property for future urban use provided to Council at the time the former draft Interim Planning Scheme was endorsed in 2014 by Council. This advice is referred to in the Background documentation referred to on page 70 of the Compliance Report above.
98. 2006 Proposal - Section 43A Application (draft amendment and subdivision) In 2006, the Property (and balance area) was under consideration for a planning scheme amendment and associated 101 lot subdivision development. A report from a planning consultant was prepared for the proposal at the time. Whilst an application did not proceed to lodgement stage, the report that was prepared was comprehensive and informative on the merits of that particular proposal. The former proposal is consistent with the intended use of the Property for residential use and development under the current proposal.
99. Other strategic planning work carried out in relation to Cygnet prior to the HVLUS included strategic planning work undertaken in: 2009 regarding the Cygnet Township Plan 2009; and 1997 by TBA Planners for the preparation of the Huon Valley Council, Land Use Strategy, October 1997 that included a Settlement Strategy.
100. This Land Use Strategy referred to maintaining a 5-10 year supply of residential land and the application of urban growth boundaries for townships. A Cygnet Structure Plan (October 1997) was also prepared by TBA Planners. This included Guiding Principles and Planning Objectives for the town and a town map with an urban growth boundary. 101. Other plans and maps prepared prior to 1997 included an urban growth boundary for Cygnet, for example, former planning scheme and former 1957 map prepared by the Commissioner of Town and Country Planning. The locations of former urban growth boundaries vary in some respects to the urban growth boundary on the Cygnet Strategy map of the HVLUS.
102. Rezoning to General Residential land - Sustainable development The Draft Amendment is consistent with the Zone Purpose Statements of the General Residential zone as it is land intended to be converted to urban use and developed as residential lots.
103. Particular Purpose Zone 1 - Urban Growth Zone The Draft Amendment aligns with: The Zone Purpose Statement, E32.1.1.1, of the current zone that applies to the Property as that zone is for non-urban land intended to be largely converted to urban use and development in the future; and Schedule 1 Objectives of the Act for fair orderly and sustainable residential use and development, and with other Objectives set out in the Schedule (Table 12).
104. General Residential Zone - Zone Purpose Statements The Draft Amendment is considered to be consistent with the following Zone Purpose Statements of the General Residential zone. 10.1.1 Zone Purpose Statements 10.1.1.1 To provide for residential use or development that accommodates a range of dwelling types at suburban densities, where full infrastructure services are available or can be provided. 10.1.1.2 To provide for compatible non-residential uses that primarily serve the local community. 10.1.1.3 To provide for the efficient utilisation of services.
As the Property is within the Particular Purpose Zone 1 – Urban Growth Zone, part of the Property can be rezoned by the Draft Amendment to General Residential land so it can be developed.
105. Mixed growth scenario - Infill development As the Property is greyfield land, the greenfield development component of the mixed growth scenario is not applicable to the Draft Amendment. Infill development is also a local residential growth objective of the Planning Scheme as set out in the following table. Therefore, the proposal will involve the preferred option of infill development and will not result in expansion of residential land within the Township urban area through greenfield development.
106. Infill development - sustainable development benefits and outcomes The Draft Amendment will facilitate a number of infill development and sustainable development related benefits and outcomes referred to in the Regional Strategy. Therefore, if the Draft Amendment is approved, and the Subdivision proceeds to development stages then there will be: More efficient use of physical and transport infrastructure; A greater proportion of the population living in proximity to services and employment opportunities; Better utilisation and revitalisation of other public infrastructure, including parks and open spaces; Provision of a greater range of housing options to suit the decreasing size of households and ageing population; Promotion of health and wellbeing by eliminating distance as a barrier to walking and cycling as preferred modes of transport; (page 91)
107. Having an adequate supply of residential land to consolidate residential settlement within the Cygnet Township settlement area, and to manage settlement growth on a sustainable basis is considered fundamental to the achievement of the outcomes and requirements of Schedule 1 of the Act as set out in Table 12.
108. Application of the moderate growth strategy For the reasons outlined, it is considered that the moderate growth strategy needs to be considered in the context that it is one of a number of residential growth strategies or policies that are relevant to consider for the management of residential growth in the township.
109. An important issue in this regard is that residential growth strategies and policies do need to facilitate the supply of residential land in a manner that is consistent with the Schedule 1 sustainable development objectives. The residential growth objectives listed in the following Table are of this nature except the following: moderate growth strategy; Clause (c) 3.0.2 –R Residential Growth Regional Objectives which is for: Ensuring that the amount of land zoned General Residential is consistent with growth targets for that settlement identified in the Regional Strategy based on the desired density.
110. It is not considered to be in accordance with proper planning principles or consistent with Schedule 1 of the Act to apply the moderate growth strategy including, as set out in Clause (c) of the Residential Growth Regional Objectives, as the Regional Strategy growth target has been exceeded, and is not representative of anticipated residential growth to 2036 in the township based on the SGS Reports.
111. As consistency with the Regional Strategy is not a mandatory legislative requirement, in the assessment of the amendment, and for the reasons outlined in the report above, it is therefore considered that the relevant Objectives in Schedule 1 of the Act, and the other regional and local residential growth objectives in Table 11 are to take precedence over the moderate growth strategy and Clause (c) 3.0.2 –R, for the purposes of the assessment of the Section 43A application so that: The Draft Amendment can be considered as far as practicable, consistent with the Regional Strategy for the purposes of Section 30O(1); and To facilitate sufficient residential land being made available to meet the anticipated demand for residential use and development over the next 15 years within the Cygnet Township, to the extent this is achievable, for the reasons set out in the SGS Reports.
112. By taking the above approach to give precedence to the Schedule 1 Objectives of the Act, and to the other strategies and polices in the Table below, where necessary (except the moderate growth strategy and Clause (c) 3.0.2 –R,), there is not considered to be any relevant inconsistency between the moderate growth strategy and the regional and local objectives of the Planning Scheme, or in relation to applicable Regional Policies regarding the assessment.
Table 11: Residential Growth: Regional and Local Objectives 3.0.2 – R Residential Growth: Regional Objectives Objective: To manage residential growth holistically. Desired Outcomes: Outcomes to be achieved by: (a) A sustainable and compact (a) Confining land zoned for urban network of settlements that development within identified settlement complement the primary boundaries. settlement of Greater Hobart while (b) Providing zone standards so that land supporting self-sustaining rural zoned General Residential is developed areas. at a minimum of 15 dwellings per hectare (b) The supply of affordable housing is (net density. increased. (c) Ensuring that the amount of land zoned General Residential is consistent with growth targets for that settlement identified in the Regional Strategy based on the desired density. 3.0.2 - L Residential Growth: Local Objectives Objective: To manage residential growth of towns and settlements holistically. Desired Outcomes: Outcomes to be achieved by: (a) Residential growth targets are (a) Ensuring the amount of land within the achieved through infill General Residential Zone is sufficient to development at Franklin, meet likely demand for residential land Geeveston and Dover and over a 15 year time horizon. through a mix of infill and (b) Applying the Particular Purpose Zone 1 - greenfield development at Urban Growth Zone to land identified for Huonville and Cygnet. future residential expansion. (b) Land necessary for residential growth in the medium to long term is identified and planned for beyond the life of this planning scheme. 113. Regional Strategy Policies The planning advice set out in the Submission (Annexure 12) regarding the following policies has been considered regarding the Draft Amendment. It is considered they are as far as is,…practicable, consistent with those policies.
5 Biodiversity and Geodiversity Policy 6 Water Resources Policy 7 The Coast Policy 9 Cultural Values Policy 10 Recreation and Open Space Policy 11 Social Infrastructure Policy 12 Physical Infrastructure Policy 13 Land Use and Transport Integration Policy 14 Tourism Policy 16 Productive Resources Policy 18 Activity Centres Policy
114. Property infrastructure (Greyfield land) As the Property is zoned Particular Purpose Zone 1 – Urban Growth Zone, it is classified as greyfield land under the Regional Strategy. The Property is sited in a suitable location where it has access to required infrastructure services, and this aspect is consistent with relevant Regional Strategy infrastructure related policies.
Attachment B includes details of proposed infrastructure for the management of stormwater from the Subdivision. The application documentation confirms the Subdivision can be serviced by reticulated water and sewerage services. (Attachment C: TasWater Notice).
115. Draft Amendment and SRD 1.1 and SRD 1.2 - Permits 3. Subdivision Permit; 4. Use and Development Permit.
The Section 43A Application is for a permit for the Subdivision which is consistent with SRD 1.2: Subdivision Permit. There is not a separate Use and Development Permit to consider with this application.
116. Draft Amendment and SRD 1.5 The Draft Amendment together with the Subdivision zone provide for the density layout requirement in SRD 1.5. Therefore, the policy requirement can be met. SRD 1.5 Encourage land zoned General Residential to be developed at a minimum of 15 dwellings per hectare (net density)
117. Draft Amendment (D) - Scenic Landscape Corridor Overlay The proposed amendment to the Planning Scheme (Amendment D) to the Scenic Landscape Corridor Overlay of the Scenic Landscapes Code is considered reasonable and necessary for the reasons set out in the Submission in Section 4. 118. Assessment - Schedule 1 of the Act The Draft Amendment has been considered in relation to Section 20(1)(a) of the Act as follows. The Objectives in Schedule 1 (Part 1) of the Act are set out in the following Table: The qualified advice referred to in Section 5.1 and 5.2 of the Submission has been considered in relation to the Schedule.
119. Section 30O(1) and Schedule 1 of the Act A consideration regarding the application of Section 30O(1) are the sustainable development objectives of the Act set out in Schedule 1 which have been considered regarding the Draft Amendment and Section 43C application for a permit.
120. In the circumstances, it is appropriate these Objectives are given prominence in relation to the application of Section 30O(1), as an interpretation that promotes the purpose or object of the Act is to be undertaken: Section 8A(1) of the Acts Interpretation Act 1931.
121. For the reasons set out in the report, it is considered that the Schedule 1 Objectives (Table 12) and residential growth objectives for the Township set out in Table 11, and in the Planning Scheme and Regional Strategy (except the moderate growth strategy) are to take precedence to the application of the moderate growth strategy regarding assessment of the amendment.
Table 12: Consideration of Schedule 1 of the Act Part 1 Objectives Objective Report comment (a) To promote the sustainable The Draft Amendment is required in order to enable development of natural and there to be more capacity for infill residential physical resources and the development within the Cygnet Township area. maintenance of ecological processes and genetic The SGS Report No. 1 states: diversity. “The proposed rezoning meets the strategic intent of STRLUS for urban consolidation as the land is within the urban growth boundary. Residential demand in Cygnet is well beyond what was anticipated in STRLUS, and freeing up more land within the urban growth boundary prevents growth spilling over into agricultural and natural living areas around Cygnet. This enables the town to retain its character in an agricultural landscape and prevents the fragmentation of potentially productive agricultural land. (page 15)
In relation to the Regional Strategy the SGS Report states: …”As it currently stands, there is insufficient land available to achieve a dwelling capacity that will meet the projected demand within the urban growth boundary.”…(page 17; Annexure 14) The Draft Amendment is consistent with the Outcome (a) of Clause 3.0.2 - L Residential Growth: Local Objective of the Planning Scheme: Ensuring the amount of land within the General Residential Zone is sufficient to meet likely demand for residential land over a 15 year time horizon.
The Draft Amendment is consistent with the intent of the Zone Purpose Statement. E32.1.1.1. of the Particular Purpose Zone 1 – Urban Growth Zone that applies to the Property as it: Aligns with previous strategic planning carried out for Cygnet and the Property; Will facilitate infill development of residential land. This is preferred to the alternative mixed growth scenario option of greenfield development of the Settlement and Residential Development Policy of the Regional Strategy.
Therefore, The Draft Amendment will facilitate consolidated residential development and compact settlement by facilitating more residential zoned land to be available within the Township for infill residential development purposes. This Objective will be facilitated by the Draft Amendment. (b) Provide for the fair, orderly and The Draft Amendment will facilitate consolidated sustainable use and residential development and compact settlement by development of air, land and facilitating more residential zoned land within the water. Township to be available for infill development. As the focus for the land to be rezoned is directed to infill development instead of greenfield development, this is preferable from a strategic planning perspective, as it is consistent with the Regional Strategy infill development component of the mixed growth scenario that applies to Cygnet Township, and with Desired Outcome (a) of Clause 3.0.2 – L Residential Growth: Local Objective of the Planning Scheme regarding infill development.
Also, as noted in the Submission, the land to be rezoned under the Draft Amendment adjoins land zoned General Residential and is sited near land zoned Recreation to the south (Esplanade area) which will consolidate residential development and provide for a more compact settlement.
The Submission notes: “The proposed subdivision would provide for Residential development in accordance with and within the Urban Growth Boundary. It is considered that it would be an orderly consolidation of Cygnet’s suburban area that could be undertaken in a typically sustainable manner in accordance with Council’s requirements. Staging of the development would be in accordance with the capacity of supporting infrastructure.” (page 16)
See also comments in Schedule 1 (Part 2)(a). The Draft Amendment is considered consistent with this Objective. (c) To encourage public The process under the Act provides opportunities for involvement in resource 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.
Also, if the Draft Amendment is approved, and a Planning Permit is issued for the Subdivision, then development applications for discretionary use or development on new residential lots created by the Subdivision will be lodged and this will involve public processes under the current Land Use Planning and Approvals Act 1993. (d) Facilitate economic If the Draft Amendment is approved and a permit is development in accordance issued for the Subdivision, this will facilitate economic with the Objectives set out in development within the Cygnet locality and Township paragraphs (a), (b) and (c), through future development of the land for residential and purposes. This is consistent with the objectives set out in paragraphs (a), (b) and (c) and the sustainable development outcomes of the Regional Strategy. The Submission states: “The re-zoning of the site to residential land will bring many positive economic and social benefits to the region, as it will supply a strong economic stimulus in its own right once construction of the subdivision and subsequent housing construction commences. Further to this the additional household expenditure of at least 74 new households will ensure that retail and services within the region are further supported. A stronger social network will be likely with a greater population base available to support local sporting & recreation clubs/associations. The re-zoning of the site has no negative environmental impacts to the region.” (page 19) 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 resource between the different spheres management and planning between the Council and of Government, the community the Commission. and industry in the State.
122. Assessment - Schedule 1 of the Act 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 planning and co-ordinated previous strategic planning for the Township action by State and local and Property as outlined in the report. It will government. facilitate more residential dwelling capacity within the Township through infill residential development on the Property.
The Draft Amendment consistent with the intent of the Zone Purpose Statement, E32.1.1.1, of the Particular Purpose Zone 1 – Urban Growth Zone that applies to the Property as it: Aligns with previous strategic planning carried out for Cygnet and the Property; Will facilitate infill development of residential land. This is preferred to the alternative mixed growth scenario option of greenfield development of the Settlement and Residential Development Policy of the Regional Strategy.
The land to be rezoned General Residential will adjoin land zoned General Residential within the Urban Growth Boundary of the Cygnet Township as shown on the Cygnet Strategy map, and is also near public and community infrastructure, recreational areas and retail services and this will contribute to Cygnet becoming a more compact settlement. Therefore, the Draft Amendment will provide for a co-ordinated action and orderly use of land.
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 principle way of setting Huon Valley Land Use and Development objectives, policies and Strategy for land within the Urban Growth controls for the use, Boundary. development and protection of land. The Draft Amendment is consistent with the intent of Zone Purpose Statement, E32.1.1.1, of the Particular Purpose Zone 1 – Urban Growth Zone that applies to the Property (as greyfield land) as it will facilitate consolidated residential development and compact settlement by enabling more residential zoned land within the Township to be available for infill development.
As the focus for the land to be rezoned is directed to infill development instead of greenfield development, this is preferable from a strategic planning perspective, as it is consistent with the Regional Strategy infill development component of the mixed growth scenario that applies to Cygnet Township, and with Desired Outcome (a) of Clause 3.02 – L Residential Growth: Local Objective of the Planning Scheme regarding infill development.
The Draft Amendment is consistent with this Objective.
(c) To ensure that the effects on These matters have been considered as set out the environment are in the report, the Planning Assessment Report considered and provide for and Submission. The Submission notes: explicit conservation of social “The proposed amendments are unlikely and economic effects when to cause an adverse environmental, decisions are made about the social or economic impact provided use and development of land. subsequent residential development is appropriately established, it is contended that the development would in fact promote positive social and economic effects within the Cygnet township and wider community through sustainable growth within the community.” (page 17) The Draft Amendment together with a Subdivision permit will more sustainable residential development within the Township. The Draft Amendment is consistent with this Objective. (d) To require land use and The Draft Amendment will facilitate integration development planning policy to of 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 The proposed use and development of the at State, regional and Property will be infill development and this is a municipal levels. preferred mixed growth scenario outcome of the Settlement and Residential Development Policy instead of a greenfield development outcome. See also comments above in Schedule 1 (Part 2)(a). The Draft Amendment is consistent with this Objective. (e) To provide for the The Draft Amendment is consistent with this consolidation of approvals for Objective. land use or development and related matters, and to co- ordinate planning approvals with related approvals.
(f) To secure a pleasant, efficient The Draft Amendment is consistent with this and safe working, living and Objective for the reasons set out in this report, recreational environment for all the Planning Assessment Report and Tasmanians and visitors to Submission. 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 historic interest, or other special cultural values interest, or otherwise of special have been identified that are applicable to the cultural values. Property.
(h) To protect public infrastructure The Draft Amendment is consistent with this and other assets and enable Objective for the reasons set out in this report the orderly provision and co- and the Submission. See also comments above ordination of public utilities and in Schedule 1 (Part 2)(a). other facilities for the benefit of the community. (i) To provide a planning The land to be rezoned is greyfield land and the framework which fully capability of the land has been considered on considers land capability. that basis. A detailed analysis of the capability for the land to provide for residential dwelling capacity in accordance with the projected demand for residential dwellings in the Township is referred to in the SGS Report. That assessment has considered relevant resource management and planning documentation for the analysis undertaken. Advice has also been provided on agricultural land capability in the Submission and SEAM Environmental report documentation (SEAM Environmental report; Annexure 6) .
The Draft Amendment is consistent with this Objective.
123. Section 32(1)(ea) of the Act - Draft Amendment For the above reasons, the Draft Amendment is considered as far as is,…practicable, consistent with: The Regional Strategy Policy 19, (Regional Settlement Strategy), SRD 1.1 and SRD 1.2; Other Regional Policies referred to in the report above; SRD 1.5;
It therefore meets the requirements of Section 32(1)(ea) of the Act as it does not conflict with the requirements of Section 30O(1).
124. Compliance with Section 30O(2)-(5) (inclusive) of the Act The Draft Amendment is not considered to conflict with the requirements of section 30O(1) and is therefore considered to comply with Section 30O(2)-(5) (inclusive) of the Act.
125. Section 32(1)(f) of the Act Assessment of Section 32(1)(f) requires consideration of: 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.
126. The qualified advice in the Section 43A Application sets out how the Draft Amendment meets this requirement in relation to the environmental, economic and social factors referred to which have been considered.
127. In the report there are references to how the Draft Amendment, if approved, will facilitate economic development within the Cygnet locality and Township following the issue of a Planning Permit for the Subdivision. The amendment is also consistent with the objectives set out in paragraphs (a), (b) and (d) of Part 1 of Schedule 1 of the Act and the sustainable development outcomes of the Regional Strategy. 128. The Submission states: The re-zoning of the site to residential land will bring many positive economic and social benefits to the region, as it will supply a strong economic stimulus in its own right once construction of the subdivision and subsequent housing construction commences. Further to this the additional household expenditure of at least 74 new households will ensure that retail and services within the region are further supported. A stronger social network will be likely with a greater population base available to support local sporting & recreation clubs/associations. The re-zoning of the site has no negative environmental impacts to the region. (page 19)
Therefore, the future development of the Property for residential purposes is consistent with the requirements of Section 32(1)(f) of the Act.
129. STRATEGIC JUSTIFICATIONS The qualified advice in the Submission has been considered regarding the following.
State Policies
130. State Coastal Policy 1996 The qualified advice in the Section 43A in the Submission (Section 5.3.3) refers to the application of the policy and this advice has been considered. The Draft Amendment is considered to be consistent with the State Coastal Policy 1996.
131. State Policy on Water Quality Management 1997 The purpose of the State Policy on Water Quality Management 1997 is:
“To achieve the sustainable management of all surface water including coastal and groundwater resources by protecting or enhancing their qualities, while allowing for sustainable development in accordance with the objectives of the Resource Management and Planning System.”
The advice in the Section 43A in the Submission refers on the application of the policy has been considered. The Draft Amendment is considered to be consistent with the State Policy on Water Quality Management 1997.
132. State Policy on the Protection of Agricultural Land 2009 The State Policy on the Protection of Agricultural Land 2009 is not applicable as the land is greyfield land.
133. National Environment Protection Measures No National Environment Protection Measures are relevant to the Draft Amendment.
134. Huon Valley Land use Development Strategy The Draft Amendment is considered to be consistent with the HVLUS. Information on the HVLUS as settlement and land use strategy is set out in above sections of the report. 135. Huon Valley Economic Development Strategy 2015-2020 The Draft Amendment is considered to be consistent with the Huon Valley Economic Development Strategy 2015-2020.
136. Legislative Requirements 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 the Judicial Review Act 2000 and the Local Government (Meeting Procedures) Regulations 2015.
137. CONCLUSION As it is considered, the Section 43A Application for a Draft Amendment (PSA- 2/2017) to amend the Planning Scheme: Is consistent with the requirements of Section 32 of the Act; Is, in accordance with 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 Section 35 of the Act; it is recommended the Draft Amendment in Annexure 9 (Attachment B) to the Planning Scheme be initiated and certified in accordance with the Act, and a Planning Permit be issued in accordance with Section 43C(1) of the Act for the Subdivision (SUB-36/2017) and associated works.
17.020/20* RECOMMENDATION
That: a) The report on a proposed amendment to the Huon Valley Interim Planning Scheme 2015 under former Section 43A of the Land Use Planning and Approvals Act 1993 to rezone part of the land at Lot 1 Channel Highway, Cygnet (CT: 167891/1) (“Property”) and other land and an associated development application (SUB-36/2017) for the subdivision of the property be received and noted. b) The Draft Amendment (PSA-2/2017) is, in accordance with former Section 30O(1) of the Land Use Planning and Approvals Act 1993, as far as practicable, consistent with the Southern Tasmania Regional Land Use Strategy 2011-2035. c) Council is satisfied the Draft Amendment (PSA-2/2017) (Annexure 9; Attachment B) is consistent with the requirements of former Section 32 of the Land Use Planning and Approvals Act 1993. d) Pursuant to the former Section 34(1)(a) of the Land Use Planning and Approvals Act 1993, the Council initiates the Draft Amendment (PSA- 2/2017) to the Huon Valley Interim Planning Scheme 2015. e) Council is satisfied under the former Section 35(1) of the Land Use Planning and Approvals Act 1993 that Draft Amendment (Annexure 9; Attachment B)(PSA-2/2017) meets the requirements of former Section 32 of the Land Use Planning and Approvals Act 1993. f) 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-2/2017) and authorises the General Manager to execute the instrument as required. g) That draft Planning Permit (SUB-36/2017) be issued under former Section 43C(1) of the Land Use Planning and Approvals Act 1993 for: . Subdivision of the Property to create 61 residential lots; other lots on the Property and Lot 101 and Lot 102; . Subdivision of CT: 136624/1, 7368 Channel Highway, Cygnet to create Lot 103; . Works on land shown on Plan 14 (V704UH-3&4) and Table 3 of the Section 43A Application. subject to the conditions set out in Attachment C(2) to this Report, subject to an amendment to the last sentence in Condition 3 to replace “DSG Council” with “Crown”. h) Draft Amendment (PSA-2/2017) be referred to TasWater in accordance with Section 56S of the Water and Sewer Industry Act 2008. i) Draft Amendment (PSA-2/2017) be publicly exhibited for a period of 28 days. j) For representations received by Council 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 representation received. k) 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 (PSA-2/2017); Council recommends that the Draft Amendment be approved. l) The General Manager be authorised to make typographical and formatting changes to the report and attachments that retain consistency with the above recommendations. Attachment A PSA-2/2017 AND SUB-36/2017
SITE PLAN
Image: 1 Channel Highway, Cygnet (LISTmap extract)
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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Attachment C of Section 43A Application (PSA-2/2017 and SUB-36/2017) PLANNING ASSESSMENT REPORT
SECTION 43C(1) APPLICATION
Application for Planning Permit
Assessment: M Bartlett, Manager Development Services Lot 1, Channel Highway, Cygnet (CT-167891/1) and other land Location of Proposal referred to in Planning Assessment Report Proposal Subdivision and works (SUB-36/2017) Applicant John Rowe / PDA Surveyors as agent
PLANNING SCHEME PROVISIONS Part D.10 - General Residential, Part D.28 - Utilities Zone Zone and Codes Part D.29 - Environmental Management Part D.33 - Particular Purpose Zone 1: Future Urban Growth Codes: as set out in the Application ASSESSMENT TIMEFRAME TRACKING Is the application valid Yes Fees paid Yes Land owner consents provided Yes PROPOSAL DETAILS
Location of proposal, Channel Highway, Cygnet
Background This assessment is part of the Section 43A Application. The Section 43A Application is under the former provisions of the Land Use Planning and Approvals Act 1993 (‘Act’) and is for: (a) an amendment (Draft Amendment-PSA-2/2017) to be made to the Huon Valley Interim Planning Scheme 2015 (‘Planning Scheme’) to rezone part of the subject property, General Residential, and (b) issue of a Planning Permit under Section 43C(1) of the Act for the following subdivision and works. The Draft Amendment (PSA-2/2017) is for 4 amendments to the Planning Scheme and includes rezoning of the following land that is proposed for subdivision: Subdivision of the part of Lot 1 Channel Highway, Cygnet to be rezoned General Residential land; and Subdivision of the part 7368 Channel Highway, Cygnet to be rezoned Utilities (Lot 103).
Lot 1 Channel Highway, Cygnet Part of Lot 1 Channel Highway, Cygnet to be subdivided
Image: 1 Channel Highway, Cygnet, Plan: Area of Property to be subdivided (CT: 167891/1); (LISTmap extract) (Annexure 1 plan; Submission)
Image: 7368 Channel Highway, Cygnet
Image: Part of 7368 Channel Highway, Cygnet Image: Part of 7368 Channel Highway, Cygnet adjoining the highway to become Lot 103 (CT: Volume 136624 folio) to become Lot 103 (Google images) (LISTmap- Cadastral Parcels - Owner information layer) The Draft Amendment proposal is not part of this report. Further information on the Section 43A Application and the Act is in the separate report on the Draft Amendment (Draft Amendment Report).
Section 43C(1) Application - (‘Application’) SUB-36/2017 Application documents The following documents in the table below are attachments to the Section 43A Application and therefore form part of this Application.
Where the documents are relevant to this assessment they have been considered. ATTACHMENT B: Annexures to the Application PDA Surveyors 1. Plans including Plan of Subdivision PDA Surveyors Content page: V704UH (dated 10-8-2020) Plans: V704UH: 0; 1, 2, 3, 4, 5, 6, and 9 (8 pages; dated 10-8-2020) Plans: V704UH: Plans: 10 – 11 (31-7-2020) Plans: V704UH: Plans: 50D; 51D; 52D (26-9-2019) 2. Section 43A Application Form PDA Surveyors 3. Consent Documentation Property owners 4. Title Documentation Property owners 5. Cygnet WWTP Odour Buffer Review (2017) Pitt and Sherry 6. Environmental Impacts & Attenuation Report dated 2019 SEAM Environmental 7. Bushfire Hazard Report and Bushfire Management Hazard Plan GES Environmental (2020); Letter (2020) Solutions 8. Stormwater Planning Report (2020) PDA Surveyors 9. Draft Amendment PDA Surveyors 10. Traffic Impact Assessment (2019) Midson Traffic 11. GES Letter (2020); Land Capability Assessment (2017) GES Environmental Solutions 12. Compliance Submission: PDA Surveyors Southern Tasmania Regional Land Use Strategy 13. (i) Correspondence Real Estate businesses (ii) Press release Minister for Housing 14. Supply Analysis Submission and map PDA Surveyors 15. Compliance Submission: PDA Surveyors Huon Valley Interim Planning Scheme 2015 16. Property Access Statement PDA Surveyors 17. Cygnet Residential Capacity and Demand Analysis SGS Economics Dated: 18 May 2020 (SGS Report No. 1) and Planning
Draft Amendment Report This assessment report considers some parts of the assessment report for the Draft Amendment Report for PSA-2/2017.
Application for a Planning Permit for the Subdivision and works The Application is for a Planning Permit to be issued for the subdivision and related works (‘Subdivision)’ of: (a) Part of Lot 1 Channel Highway, Cygnet (CT: 167891/1) to create 61 residential lots, two road lots (Lots 101 and Lot 102), a public open space lot (Lots 104), lot for infrastructure servicing related purposes (Lot 105), footway lot (Lot 106) and a balance lot (Lot 200). The part of this property to be subdivided is referred to as the ‘Property’.
(b) Part of 7368 Channel Highway, Cygnet to create Lot 103. This property is shown in the images below.
The lots to be created are in the following table. Lots Description -SUB-37/2017 61 residential lots Part of the Property Lots 101 and Lot 102 Channel Highway lots Lot 103 Channel Highway lot: currently part of 7368 Channel Highway Lot 104 Public Open Space lot Lot 105 Lot for Infrastructure servicing purposes (20sqm) Lot 106 Footway lot Table: Lots to be created Area of Property to be subdivided
Plan: Part of the Property to be subdivided –(Annexure 1; Submission) Planning Assessment The assessment is required to be undertaken as if Draft Amendment PSA-2/2017 had been made to rezone the part of the Property to be subdivided, General Residential land and the part of 7368 Channel Highway, Cygnet to become Lot 103 as Utilities. Section 43C(3) of the Act. This section is as follows: The decision of a planning authority on an application referred to in section 43A or subsection (2) is to be made by reference to the provisions of the planning scheme or special planning order as in force at the date of its decision, as if the planning scheme or special planning order had been amended in accordance with the draft amendment which has been initiated by the planning authority in response to a request under section 43A .
Therefore, the applicable zone for the assessment of the Property is the General Residential zone. The assessment of the part of 7368 Channel Highway, Cygnet that will be Lot 103 is assessed under the Utilities zone.
Assessment This report has considered the professional advice (qualified advice) in the Attachment B documentation that relates to this Application and requires consideration as part of this assessment under the Planning Scheme.
Consent to Application The applicant is Mr Rowe. Mr Rowe appointed PDA Surveyors as his agent. The letter appointing PDA Surveyors from Mr Rowe is part of Annexure 2. For the Section 43A Application, the Draft Amendment Report refers to the owner consents provided for the combined Section 33 and Section 43C(1) Application in accordance with the Act.
Annexure 2: Annexure 2, Attachment B includes the relevant consents under the Act provided for this Application for the land in Annexure 3 of Attachment B.
Annexure 3: Annexure 3, Attachment B includes property title documentation relevant to this Application.
The Application is a valid application under the Act. SITE AND LOCALITY The lot to be subdivided to create the Property is CT: 167891/1, Lot 1 Channel Highway, Cygnet and has an area of 13.66 ha. The total road frontage onto the Channel Highway is 873.08, and 198.68m where the rezoning is proposed.
Lot 1 Channel Highway, Cygnet- to be subdivided (LISTmap extract)
The lot is located outside of Cygnet’s town centre, approximately 700m east of the roundabout and is currently used for grazing and contains a large dam. The lot has a land capability of 4+5.
A description of the property is also in the Application Submission document in Attachment B (‘Submission’) and plans in Annexure 1 of the Submission.
The location of adjoining properties and the Planning Scheme zones that apply to those properties are shown in the attachment to this report: Attachment (1) Property and adjoining properties STATE POLICIES/NEPM Does the State Coastal Policy apply (within 1km of HWM) YES If YES, is it consistent with the requirements? YES Does the State Policy for the Protection of Agricultural Land apply? NO Does the State Water Quality Policy apply? YES If YES, is it consistent with the requirements? YES Do any NEPM’s apply? NO
ASSESSMENT
PART C: SPECIAL PROVISIONS – N/A
Part D – Zones PART D.10 – General Residential Section 10.1 Zoning of the land The Property is to be subdivided into 61 lots and other lots in accordance with the Section 43C(1) of the Act. This part of the assessment of the Application is in relation to the General Residential zone of the Huon Valley Interim Planning Scheme 2015. (Planning Scheme).
Further information on the rezoning proposal is set out in the Draft Amendment Report.
Planning Scheme Zones – Cygnet
Images: Planning Scheme Zones – Cygnet (LISTmap) Planning Scheme Amendments The following Submission plans show the proposed rezoning of land associated with PSA-2/2017.
The Particular Purpose Zone 1 – Urban Growth Zone currently applies to the Property
The Proposed Zoning Map shows in red the part of the Property to be rezoned to General Residential
Plans: Existing and proposed zoning (extracts from Submission: Annexure 1)
Part of the Property that adjoins Channel Highway will be used as road widening.
Therefore, it will be rezoned Utilities. This land is to be comprised in 2 road lots that will be created by the Subdivision (Lots 101 and 102). These lots will be transferred to the Crown (Department of State Growth). Plan: Lots 101 and Lot 102; Extract from Staging Plan - V704UH-4; (Submission). This plan also shows location of the Balance Lot (Lot 200).
Section 10.1.1 Zone Purpose Statements Clause 10.1.1 provides Zone Purpose Statements for the General Residential zone as follows: 10.1.1.1 - To provide for residential use or development that accommodates a range of dwelling types at suburban densities, where full infrastructure services are available or can be provided.
10.1.1.2 - To provide for compatible non-residential uses that primarily serve the local community.
10.1.1.3 - To provide for the efficient utilisation of services.
The qualified advice in Attachment B that relates to this part of the assessment has been considered. The Submission includes the following advice: “In accordance with 8.10.2, consideration of the Zone Purpose is limited to the extent that each Zone Purpose Statement is relevant to the particular discretion being exercised. The subdivision of land within the GRZ is for permitted and no permit required uses, which are largely deemed to be consistent with the purpose of the General Residential Zone. It is considered that the proposed subdivision would be fully serviceable and would accommodate a range of dwelling types at densities that are capable of meeting relevant Performance Criteria standards, which are discussed below.
It is not expected that any non-residential uses other than public open space will be required. The proposed subdivision makes efficient use of existing services.”
The proposed Subdivision is considered to meet the intent of the Zone Purpose Statements set out in the General Residential zone.
Part of the Property to be subdivided (Part of Lot 1 Channel Highway, Cygnet)
Plan: Part of the Property to be subdivided –(Annexure 1; Submission) Section 10.2 Use Table – N/A Section 10.4 Development Standards for Residential Buildings and Works Section 10.4.1 Residential density for multiple dwellings (refer to Table 10.4.1)– N/A Section 10.4.2 Setbacks and building envelope for all dwellings – N/A Section 10.4.3 Site coverage and private open space for all dwellings – N/A Section 10.4.4 Sunlight and overshadowing for all dwellings – N/A Section 10.4.5 Width of openings for garages and carports for all dwellings –N/A Section 10.4.6 Privacy for all dwellings –N/A Section 10.4.7 Front fences –N/A Section 10.4.8 Waste storage for multiple dwellings N/A Section 10.5 Development standards for non-dwelling buildings and works –N/A Section 10.6 Subdivision Section 10.6.1 Lot Design Objectives: To provide for new lots that: (a) have appropriate area and dimensions to accommodate development consistent with the Zone Purpose and any relevant Local Area Objectives or Desired Future Character Statements;
(b) contain building areas which are suitable for residential development, located to avoid hazards;
(c) are a mix of lot sizes to enable a variety of dwelling and household types;
(d) are capable of providing for a high level of residential amenity including privacy, good solar access; and passive surveillance of public spaces;
(e) ensure an average net density for new suburban areas no less than 15 dwellings per hectare with higher densities close to services, facilities and public transport corridors;
(f) are not internal lots, except if the only reasonable way to provide for desired residential density;
(g) are provided in a manner that provides for the efficient and ordered provision of infrastructure.
The Application includes the following advice in Annexure 15. “10.6.1 Lot design, Objectives In accordance with 7.5.4, the planning authority may consider the relevant objective in an applicable standard to help determine whether a use or development complies with the performance criterion for that standard. Each objective is considered below in turn: (a) Each lot is regular in size, shape and dimension and would contain a suitably oriented 10m x 15m building area. All standards could be met by subsequent development and therefore it is considered that the subdivision is suitable for subsequent residential dwelling development. (b) Some lots are affected by attenuation areas, the issues around which are considered and addressed in the Pitt & Sherry and SEAM reporting. The reporting indicates that there would be no significant environmental hazards affecting lots. (c) The lots are regular in size, shape and dimension and can accommodate a variety of dwelling and household types be they single or multiple dwellings. (d) The development site is gently sloping towards the south-west with views over Port Cygnet. The orientation and size permits good solar access for appropriately designed dwellings. All public space is observable provided fencing standards are suitably governed. This matter is further discussed below at P5. (e) No lots have areas that are outside that permitted by the Acceptable Solution. The majority of lots proposed can accommodate multiple dwellings and should that option be exercised by subsequent owners, the net density of the subdivision would increase above 15 dwellings per hectare. Provision has been made in the designation of lots for multiple dwellings to ensure the minimum density is achieved. (f) As explained below at P4, the use of internal lots proposed is judicious and is a reasonable way to maintain appropriate densities and provide for an efficient road and services network. (g) The subdivision has been designed by a registered surveyor and accredited civil engineer and is capable of meeting all infrastructure standards.”
Assessment – Complies. In relation to the comment in paragraph (b) above, attenuation issues are considered further in the report below. ACCEPTABLE SOLUTION COMPLIANCE A1 Annexure 15 considered The size of each lot must comply with the Compliance under P(1)(a) minimum and maximum lot sizes specified in Table 10.1, except if for public open space, a riparian or littoral reserve or utilities. ACCEPTABLE SOLUTION COMPLIANCE A2 Annexure 15 considered The design of each lot must provide a minimum Complies building area that is rectangular in shape and complies with all of the following, except if for public open space, a riparian or littoral reserve or utilities: (a) clear of the frontage, side and rear boundary setbacks;
(b) not subject to any codes in this planning scheme;
(c) clear of title restrictions such as easements and restrictive covenants;
(d) has an average slope of no more than 1 in 5;
(e) the long axis of the building area faces north or within 20 degrees west or 30 degrees east of north; (f) is 10m x 15m in size. ACCEPTABLE SOLUTION COMPLIANCE A3 Annexure 15 considered The frontage for each lot must comply with the Complies minimum and maximum frontage specified in Table 10.2, except if for public open space, a riparian or littoral reserve or utilities or if an internal lot.
ACCEPTABLE SOLUTION COMPLIANCE Annexure 15 considered A4 P4 applies No lot is an internal lot. Performance Criteria discussion: P4 An internal lot must satisfy all of the following: (a) the lot gains access from a road existing prior to the planning scheme coming into effect, unless site constraints make an internal lot configuration the only reasonable option to efficiently utilise land; (b) it is not reasonably possible to provide a new road to create a standard frontage lot; (c) the lot constitutes the only reasonable way to subdivide the rear of an existing lot; (d) the lot will contribute to the more efficient utilisation of residential land and infrastructure; (e) the amenity of neighbouring land is unlikely to be unreasonably affected by subsequent development and use; (f) the lot has access to a road via an access strip, which is part of the lot, or a right-of-way, with a width of no less than 3.6m; (g) passing bays are provided at appropriate distances to service the likely future use of the lot; (h) the access strip is adjacent to or combined with no more than three other internal lot access strips and it is not appropriate to provide access via a public road; (i) a sealed driveway is provided on the access strip prior to the sealing of the final plan. (j) the lot addresses and provides for passive surveillance of public open space and public rights of way if it fronts such public spaces.
The following Submission advice has been considered. “P4 Lots 11, 12, 34 and 35, are internal lots (a) An efficient road configuration would minimise the amount of land given over to roads. The benefits are less ongoing infrastructure maintenance requirements and less environmental impact. It is considered that the judicious use of internal lots enables an efficient use of the land and achieves reasonable densities. Rear lots are appropriately minimised and are only used to access the land that is otherwise difficult to access directly from a road. It is submitted that there would be as few internal lots as can be practically achieved in the circumstances and therefore is the only reasonable option to efficiently utilise the land.
(b) The subdivision has been designed with an efficient road layout and lot yield balance. The configuration of the existing title and the need to provide a single entry and exit point from Channel Highway constrains road and servicing design. Providing road frontage to all lots in this context would require a disproportionately long road network and create servicing and ongoing maintenance responsibilities that are unnecessary. In this context it is considered that rear lots are appropriately minimised and are only used to access the land that is otherwise difficult to access directly from a properly designed road. It is submitted that there would be as few internal lots as can be practically achieved in the circumstances and that it is not reasonably possible to provide a new road to create a standard frontage lot.
(c) N/A
(d) See (b) and (c) above.
(e) It is considered that two to three dwellings could be comfortably accommodated on each rear lots and so the subsequent development and use is unlikely to operate at a scale or an intensity that would have an unreasonable impact on adjoining residential use.
(f) Each rear lot would have an access strip width of a minimum of 6m.
(g) Lots 11, 12, 34 and 35 include dedicated passing bays, the 6m frontage and access width makes this possible.
(h) No more than two access strips would be adjacent to each other.
(i) Each internal lot would be provided with a sealed access strip.
(j) No internal lot would front a public open space.
Assessment: P4 - Annexure 15 considered Meets Performance Criteria ACCEPTABLE SOLUTION COMPLIANCE 61 lots are proposed; P5 applies A5 Annexure 15 considered Subdivision is for no more than 3 lots. Performance Criteria discussion: P5 Arrangement and provision of lots must satisfy all of the following; (a) have regard to providing a higher net density of dwellings along; (i) public transport corridors; (ii) adjoining or opposite public open space, except where the public open space presents a hazard risk such as bushfire; (iii) within 200 m of business zones and local shops;
(b) will not compromise the future subdivision of the entirety of the parent lot to the densities envisaged for the zone; (c) staging, if any, provides for the efficient and ordered provision of new infrastructure; (d) opportunity is optimised for passive surveillance between future residential development on the lots and public spaces; (e) is consistent with any applicable Local Area Objectives or Desired Future
The Application Submission states: “P5 (a) The land is not opposite to and does not adjoin public open space. It is considered that Channel Highway is not a public transport corridor that would appropriately support higher density living. The lot is not within 200m of business zones or local shops. Please see the comments under 10.6.1 A1, which gives regard to the specific standards for lot size. (b) In accordance with (b) and (c), the subdivision would proceed in stages that enable the entirety of the General Residential Zoned site to be developed appropriately. (c) See (b) above. The sequence of services and roads would be in accordance with the staging, with the infrastructure detail to be resolved at the engineering stage to provide for the appropriate efficiency and order. (d) Provided frontage fencing is appropriately controlled in future, the prevalence of lots with regular 15m+ frontages indicates that potential for passive surveillance is appropriately maximised within the subdivision. (e) There are no Local Area Objectives or Desired Future Character statements in the Zone.”
Assessment: P5 - Information and plans in the Submission considered in relation to Acceptable Solution and Performance Criteria. Considered to meet Performance Criteria.
Section 10.6.2 Roads ACCEPTABLE SOLUTION COMPLIANCE A1 Annexure 15 considered. P1 applies. The subdivision includes no new road. Performance Criteria: P1 The arrangement and construction of roads within a subdivision must satisfy all of the following: (a) the route and standard of roads accords with any relevant road network plan adopted by the Planning Authority; (b) the appropriate and reasonable future subdivision of the entirety of any balance lot is not compromised; (c) the future subdivision of any neighbouring or nearby land with subdivision potential is facilitated through the provision of connector roads and pedestrian paths, where appropriate, to common boundaries; (d) an acceptable level of access, safety, convenience and legibility is provided through a consistent road function hierarchy; (e) cul-de-sac and other terminated roads are not created, or their use in road layout design is kept to an absolute minimum; (f) connectivity with the neighbourhood road network is maximised; (g) the travel distance between key destinations such as shops and services is minimised; (h) walking, cycling and the efficient movement of public transport is facilitated; (i) provision is made for bicycle infrastructure on new arterial and collector roads in accordance with Austroads Guide to Road Design Part 6A; (j) any adjacent existing grid pattern of streets is extended, where there are no significant topographical constraints. P1 The Application Submission states:
Connectivity – Subdivision Road and Balance Lot Compliance with (b) and (c) to be met by a permit condition requiring provision to be made for a lot (Lot 56) to be created as road lot and constructed to IPWEA and Council design requirements to be transferred to Council ownership if the Balance Lot (lot 200) is approved to be subdivided or further developed for residential housing other than by subdivision (i.e., by a strata scheme under the Strata Titles Act 1998).
Assessment: Performance Criterion is met. Section 10.6.3 Ways and public open space ACCEPTABLE SOLUTION COMPLIANCE A1 No Acceptable Solution No Acceptable Solution. Annexure 15 considered Performance Criteria No Acceptable Solution. Therefore the proposal must meet the Performance Criteria P1.
Partial provision is for a public open space (POS) contribution as Lot 104 is for this purpose (in part) and is designated in the Application for this purpose.
Permit conditions will require provision for a POS contribution in accordance with statutory requirements that will be considered as part of the POS assessment for the area of land comprised in the lot that is for actual POS use.
PERFORMANCE CRITERIA COMPLIANCE P1 Annexure 15 considered: Complies. The arrangement of ways and public open space within a subdivision must satisfy all of the A footway lot is provided for (Lot 106) for following: connectivity. (a) connections with any adjoining ways are provided through the provision of ways to the common boundary, as appropriate; In relation to paragraph (g), partial provision for a public open space (POS) contribution is made as (b) connections with any neighbouring land part of Lot 104 is for this purpose (i.e., in part) as with subdivision potential is provided designated in the Application on Plan V704UH-4; through the provision of ways to the (Annexure 1; Submission) and other plans. common boundary, as appropriate; (c) connections with the neighbourhood road network are provided through the provision A permit condition will require provision for a of ways to those roads, as appropriate; financial POS contribution in accordance with (d) convenient access to local shops, statutory requirements that will consider the area community facilities, public open space of land comprised in Lot 104 that is for and public transport routes is provided; designated POS purposes (not being an area of (e) new ways are designed so that adequate the lot used for stormwater infrastructure passive surveillance will be provided from purposes). development on neighbouring land and public roads as appropriate; (f) provides for a legible movement network; (g) the route of new ways has regard to any pedestrian & cycle way or public open space plan adopted by the Planning Authority; (h) Public Open Space must be provided as Lot 104 is shown in Annexure 1, on a Landscape land or cash in lieu, in accordance with the Plan; this plan is subject to final design approval relevant Council policy.
(i) new ways or extensions to existing ways must be designed to minimise opportunities for entrapment or other criminal behaviour including, but not limited to, having regard to the following: i. the width of the way; ii. the length of the way; iii. landscaping within the way; iv. lighting; v. provision of opportunities for 'loitering'; vi. the shape of the way (avoiding Assessment: Complies with 10.6.3. bends, corners or other opportunities for concealment).
Section 10.6.4 Services ACCEPTABLE SOLUTION COMPLIANCE A1 Complies Annexure 15 considered Each lot must be connected to a reticulated potable water supply.
ACCEPTABLE SOLUTION COMPLIANCE A2 Complies Annexure 15 considered Each lot must be connected to a reticulated sewerage system.
ACCEPTABLE SOLUTION COMPLIANCE A3 Complies Annexure 15 considered Each lot must be connected to a stormwater system able to service the building area by gravity.
Performance Criteria:
“P3 Each lot would have suitable capacity to drain stormwater from residential development to a reticulated gravity system.”
Assessment: The Application includes plans in Annexure 1 and the advice in Annexure 8 setting out details of the proposed design of the stormwater management system that satisfies this Performance Criterion.
ACCEPTABLE SOLUTION COMPLIANCE As a new road is proposed compliance with P4 is A4 required The subdivision includes no new road. Annexure 15 considered
Performance Criteria:
P4 The subdivision provides for the installation of fibre ready facilities (pit and pipe that can hold optical fibre line) and the underground provision of electricity supply.
Annexure 15 states:
“In accordance with P4, the road network within the subdivision would provide for the installation of fibre ready facilities (pit and pipe that can hold optical fibre line) and the underground provision of electricity supply.”
Assessment: Requirement to be subject of a condition. PART D.28 - Utilities Section 28.1 Zoning of the land 7368 Channel Highway, Cygnet Part of 7368 Channel Highway is to be rezoned as Utilities as one of the amendments comprised in Draft Amendment (PSA-2/2017). The area of 7368 Channel Highway, Cygnet to be rezoned is the area indicated for ‘road widening’ adjacent to the frontage of this property (shown in yellow) on the following plans and with an arrow directed to the location of the land. The land to be rezoned will be used for Channel Highway road widening purposes as Lot 103. Part of 7368 Channel Highway is to be rezoned as Utilities as highlighted in yellow on the plan below.
The area that is rezoned on this property will become a new lot, road Lot 103 and form part of the highway. This lot will be transferred to the Crown (Department of State Growth) together with the other two road lots: 101 and Lot 102.
Plan: Proposed zoning (extract from Image: Part of 7368 Channel Highway, Cygnet Submission: Annexure 1) (CT: Volume 136624 folio) to become Lot 103 (LISTmap- Cadastral Parcels - Owner information layer)
Section 28.1.1 Zone Purpose Statements Clause 28.1.1 provides the Zone Purpose Statements of the Utilities Zone. The Zone Purpose Statement is reproduced as follows: 28.1.1.1 - To provide land for major utilities installations and corridors.
28.1.1.2 - To provide for other compatible uses where they do not adversely impact on the utility.
Section 28.2 Use Table In accordance with Table 8.2 of Part 8.2 of the Use Class - Table 8.2 Planning Scheme, the proposed use class is categorised as Utilities; Permitted use Section 28.3 Use Standards Section 28.3.1 Hours of operation ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Hours of operation of a use within 50 m of a residential zone must be within 7.00 am to 7.00 pm, except if : (i) for office and administrative tasks; or (ii) a Utilities use. Section 28.3.2 Noise ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Noise emissions measured at the boundary of a residential zone must not exceed the following: (a) 55dB(A) (LAeq) between the hours of 7.00 am to 7.00 pm; (b) 5dB(A) above the background (LA90) level or 40dB(A) (LAeq),whichever is the lower, between the hours of 7.00 pm to 7.00 am; (c) 65dB(A) (LAmax) at any time. Measurement of noise levels must be in accordance with the methods in the Tasmanian Noise Measurement Procedures Manual, issued by the Director of Environmental Management, including adjustment of noise levels for tonality and impulsiveness.
Noise levels are to be averaged over a 15 minute time interval. Section 28.3.3 External Lighting ACCEPTABLE SOLUTION COMPLIANCE A1 N/A External lighting (not including street lighting) within 50 m of a residential zone must comply with all of the following: (a) be turned off between 10:00 pm and 6:00 am, except for security lighting; (b) security lighting must be baffled to ensure they do not cause emission of light outside the zone. Section 28.3.4 Commercial Vehicle Movements ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Commercial vehicle movements, (including loading and unloading and garbage removal) to or from a site within 50 m of a residential zone must be within the hours of: (a) 7.00 am to 5.00 pm Mondays to Fridays inclusive; (b) 9.00 am to 5.00 pm Saturdays; (c) Nil Sundays and public holidays. Section 28.3.5 Discretionary Use ACCEPTABLE SOLUTION COMPLIANCE A1 N/A No Acceptable Solution Performance Criteria discussion: P1 Discretionary use must not compromise or reduce the operational efficiency of an existing or intended utility having regard to all of the following: (a) the compatibility of the utility and the proposed use; (b) the location of the proposed use in relation to the utility; (c) any required buffers or setbacks; (d) access requirements. Section 28.4 Development Standards for Buildings and Works Section 28.4.1 Building Height ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Building height must be no more than: 10 m. ACCEPTABLE SOLUTION COMPLIANCE A2 N/A Building height within 10 m of a residential zone must be no more than 8.5 m. Section 28.4.2 Setback ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Building setback from frontage must be no less than: (a) 10m, if fronting the Huon Highway in all localities; (b) nil, in fronting any other road. ACCEPTABLE SOLUTION COMPLIANCE A2 N/A Building setback from a residential zone must be no less than: (a) 5 m; (b) half the height of the wall, whichever is the greater. Section 28.4.3 Landscaping ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Landscaping is not required along the frontage of a site if the building has nil setback to frontage. ACCEPTABLE SOLUTION COMPLIANCE A2 N/A Along a boundary with a residential zone landscaping must be provided for a depth no less than: 10m 28.4.4 Outdoor Storage Areas ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Outdoor storage areas for non-residential uses must comply with all of the following: (a) be located behind the building line; (b) all goods and materials stored must be screened from public view; (c) not encroach upon car parking areas, driveways or landscaped areas. Section 28.4.5 Fencing ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Fencing must comply with all of the following: (a) fences and gates of greater height than 2.1 m must not be erected within 10 m of the frontage; (b) fences along a frontage must be 50% transparent above a height of 1.2 m; (c) height of fences along a common boundary with land in a residential zone must be no more than 2.1 m and must not contain barbed wire. Section 28.5 Development Standards for Subdivision Section 28.5.1 Subdivision ACCEPTABLE SOLUTION COMPLIANCE A1 Complies Subdivision is for the purposes of providing lots for public open space, a riparian or littoral reserve or utilities. ACCEPTABLE SOLUTION COMPLIANCE A2 Complies The frontage for each lot must be no less than 15m. ACCEPTABLE SOLUTION COMPLIANCE A3 N/A Services capable of adequately serving the intended purpose must be connected to each lot. PART D.29 – Environmental Management Section 29.0 Zoning of the land The works for the subdivision is on land that is zoned Environmental Management under the Planning Scheme at the Esplanade, Cygnet. Stormwater will be drained from the Property to an outfall at the Esplanade as shown on Plans V704UH-(3-6) of Annexure 1, Attachment B.
Location of works: 27 Esplanade, Cygnet
Plan: Extract of V704UH-(5) Annexure 1, (Attachment B).
Works involve installation of stormwater infrastructure for the drainage of stormwater from the Property.
Location of works: Esplanade, Cygnet (Crown land and Parks and Wildlife land)
Image: Location of Esplanade land (LISTmap)
Plan: Extract of V704UH-(6) Annexure 1, (Attachment B) Location of land subject of works: Crown Land Services and Parks and Wildlife Land at Esplanade, Cygnet comprising part of the Esplanade road reservation and part of land adjoining the Esplanade road reservation shown on the following plans
Parks and Wildlife land (LISTmap) Crown Land Services land (LISTmap) Section 29.1.1 Zone Purpose Statements Clause 29.1.1 Zone Purpose Statements of the Environmental Management Zone.
29.1.1.1 - To provide for the protection, conservation and management of areas with significant ecological, scientific, cultural or aesthetic value, or with a significant likelihood of risk from a natural hazard. 29.1.1.2 - To only allow for complementary use or development where consistent with any strategies for protection and management. 29.1.1.3 - To facilitate passive recreational opportunities which are consistent with the protection of natural values in bushland and foreshore areas. 29.1.1.4 - To recognise and protect highly significant natural values on private land. 29.1.1.5 - To protect natural values in undeveloped areas of the coast.
The Application states in Annexure 15:
The above comments include the following advice: The proposal is for ALL stormwater from the development to be treated to the standards required by the planning scheme, per the Stormwater Code requirements thus protecting and conserving the receiving environment. Further to this the location of this infrastructure has been placed so that no native vegetation is affected by the proposed works which will be limited to the proposed pipe corridor and the immediate area around the out fall, only to the extent necessary to construct the flow dissipation treatments. It is further noted that this will improve the existing outfall which currently has no such erosion prevention treatment.
Assessment: The advice in Annexure 15 has been taken into consideration in the assessment of the Application for this section of the report regarding E29.0. The Application states in the Stormwater Report (August 2020) that: Having considered a range of practical and engineering considerations, site constraints and treatment options, PDA Engineers have recommended on site treatment by a SPEL EcoreceptorTM 4000 and a SPEL HydrosystemTM HS 1500/5 (Annexure 8, Attachment B).
The design of the stormwater system will incorporate a SPEL Ecoreceptor and a SPEL Hydrosystem as outlined in the Application to minimise the discharge of pollutants in the marine conservation area.
For the Subdivision on the Property, suitable controls are therefore proposed to be incorporated into the design of the stormwater management system to meet the requirements of the Stormwater Management Code (E7.0) of the Planning Scheme and for meeting the water quality requirements of the State Stormwater Strategy 2010, and for consistency with State Policy on Water Quality Management 1997 outcomes. See further the Stormwater Planning Report (Annexure 8) referred to in the following sections of this report.
The following comment in the Application in response to Clause 29.3.1 has also been noted in this regard:
The Application is considered to be consistent with the Zone Purpose Statements of the Environmental Management zone. Section 29.2 Use Table In accordance with Table 8.2 of Part 8.2 of the Use Class - Table 8.2 Planning Scheme, the proposed use class is categorised as Utilities and a discretionary use. Section 29.3 Use Standards Section 29.3.1 Use Standards for Reserved Land ACCEPTABLE SOLUTION COMPLIANCE A1 Performance Criterion P1 applies Use is undertaken in accordance with a reserve management plan. Performance Criteria: P1:
The Application states: Assessment: The Application meets Performance Criterion (P1) for reasons in Annexure 15 (as above).
Section 29.4 Development Standards for Buildings and Works Section 29.4.1 Building Height ACCEPTABLE SOLUTION COMPLIANCE A1 N/A (infrastructure to be installed within this zone) Building height comply with any of the following: (a) as proscribed in an applicable reserve management plan (b) be no more than 7.5 m. Section 29.4.2 Setback ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Building setback from frontage must comply with any of the following: (a) as proscribed in an applicable reserve management plan; (b) be no less than 30m ACCEPTABLE SOLUTION COMPLIANCE A2 N/A Building setback from side and rear boundaries must comply with any of the following: (a) as proscribed in an applicable reserve management plan; (b) be no less than 30m ACCEPTABLE SOLUTION COMPLIANCE A3 N/A Building and works must be setback from land zoned Environmental Living no less than 30m. ACCEPTABLE SOLUTION COMPLIANCE A4 N/A Buildings setback for buildings for sensitive use (including residential use) must comply with all of the following: (a) be sufficient to provide a separation distance from land zoned Rural Resource no less than 100m; (b) be sufficient to provide a separation distance from land zoned Significant Agriculture no less than 200m. ACCEPTABLE SOLUTION COMPLIANCE A5 N/A Buildings setback from the Tasmanian Wilderness World Heritage Area must comply with any of the following: (a) as proscribed in an applicable reserve management plan; (b) be no less than 500m.
Section 29.4.3 Design ACCEPTABLE SOLUTION COMPLIANCE A Performance Criterion applies The location of buildings and works must comply with any of the following: (a) be located on a site that does not require the clearing of native vegetation and is not on a skyline or ridgeline; (b) be located within a building area, if provided on the title; (c) be an addition or alteration to an existing building; (d) as prescribed in an applicable reserve management plan. Performance Criteria:
Assessment: The proposal is considered to meet the Performance Criterion P1(a) for the reasons set out in Annexure 15 (as above).
ACCEPTABLE SOLUTION COMPLIANCE A2 N/A Exterior building surfaces must be coloured using colours with a light reflectance value not greater than 40 percent. ACCEPTABLE SOLUTION COMPLIANCE A3. A3 Complies Fill and excavation must comply with all of the Annexure 15 considered following: (a) height of fill and depth of excavation is no more than 1m from natural ground level, except where required for building foundations; (b) extent is limited to the area required for the construction of buildings and vehicular access.
29.5 Development Standards for Subdivision ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Subdivision must comply with any of the No subdivision proposed for this area of the following: Esplanade. (a) be for the purpose of providing for public open space, a reserve, or a Utilities, Emergency services, or Community meeting and entertainment use class, by or on behalf of the State Government, a Council, a statutory authority, or a corporation all the shares of which are held by or on behalf of the State or by a statutory authority; (b) be for lots proscribed in an applicable reserve management plan. PART D.32 - Particular Purpose Zone 1 - Urban Growth Zone Section 32.1 Zoning of the land All the land comprised in Lot 1 Channel Highway, Cygnet is currently zoned Particular Purpose Zone 1 - Urban Growth Zone (as per the Existing Zoning Map below).
Part of this land will be rezoned General Residential in accordance with the Draft Amendment, specifically, Draft Amendment (A). (See further - Draft Amendment Report)
The balance of the land (i.e., the part that will not be rezoned will become the Balance Lot (Lot 200) and is located on the eastern side of the Property. It will remain zoned Particular Purpose Zone 1 - Urban Growth Zone under the Planning Scheme following approval of the Draft Amendment (PSA- 2/2017). The plan below, Proposed Zoning Map, shows the area of Highway, Cygnet to be rezoned General Residential (red), and the area of the land to remain as currently zoned: Particular Purpose Zone 1 - Urban Growth Zone
Plans: Existing and proposed zones; Submission (Attachment B)
Section 32.1.1 Zone Purpose Statements Clause 32.1.1: Zone Purpose Statements of the Particular Purpose Zone 1 - Urban Growth Zone are:
32.1.1.1 - To identify non-urban land intended to be largely converted to urban use and development in the future. 32.1.1.2 - To ensure that the development of the identified non-urban land does not compromise its potential for future urban use and development. The Draft Amendment Report refers in detail to both the land, Lot 1 Channel Highway, Cygnet and to the Property and to strategic planning undertaken by Council prior to the commencement of the current Planning Scheme for this land to have a planned transition to the current zoning: Particular Purpose Zone 1 - Urban Growth Zone.
The planning advice in the Draft Amendment Report (which includes specific reference to Clause 32.1.1.2 above), is therefore referenced and incorporated into this section of this report as relevant planning information outlining the reasons that the Property is currently subject of this zone. Therefore, planning information and advice in the Draft Amendment Report has been considered in the assessment of this Application in so far as it is relevant to the Subdivision and associated works.
Assessment: Annexure 15 considered. The Application is consistent with the Zone Purpose Statements.
Section 32.1.2 Local Area Objectives Clause 32.1.2 provides the following Local Area Objectives for the Cygnet are:
Land is developed in response to demonstrated demand and detailed local area planning to resolve:
(a) in the area generally between Mary Street and Thorpe Street: (i) the allocation of land for residential, business and open space purposes; (ii) the need for and alignment of any additional road connectivity between land on either side of Agnes Rivulet; (iii) the efficient alignment of roads, ways and infrastructure; and (iv) any need for specific density and urban design provisions. (b) in the area east of the Esplanade: (i) the efficient alignment of roads, ways and infrastructure; and (ii) the timing, funding and nature of upgrades to the adjacent sewerage treatment plan.
The Draft Amendment Report refers in detail to both the land, Lot 1 Channel Highway, Cygnet and to the Property and to strategic planning undertaken by Council prior to the commencement of the current Planning Scheme for this land to have a planned transition to the current zoning: Particular Purpose Zone 1 - Urban Growth Zone.
The planning advice in the Draft Amendment Report (which includes specific reference to Clause 32.1.1.2 above), is therefore referenced and incorporated into this section of this report as relevant planning information outlining the reasons that the Property is currently subject of this zone. Therefore, planning information and advice in the Draft Amendment Report has been considered in the assessment of this Application in so far as it is relevant to the Subdivision and associated works.
Assessment: Annexure 15 has been considered. The Application is consistent with the Local Areas Objectives.
Section 32.2 Use Table Use Class - Table 8.2 N/A Section 32.4 Development Standards for Buildings and Works Section 32.4.1 Buildings and Works ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Development must comply with any of the following:(a) be for an addition to an existing dwelling, an ancillary dwelling or a home based business; (b) be for a single dwelling and is on a lot no more than 2,000 m2 in size; (c) be of a temporary nature able to be readily removed prior to the development of the land for urban purposes. Section 32.5 Development Standards for Subdivision ACCEPTABLE SOLUTION COMPLIANCE A1 N/A No Acceptable Solution. Performance Criteria discussion: P1 Subdivision of land must satisfy either of the following: (a) be to provide for public open space, a public reserve, or a Utilities use class by or on behalf of the State Government, a Council, a statutory authority, or a corporation all the shares of which are held by or on behalf of the State or by a statutory authority. (b) be for the excision of an existing dwelling provided that the lot design and layout does not preclude or hinder the effective and efficient future subdivision and development of the land to urban densities.
Assessment: The advice on page 23 of Annexure 15 of the Submission has been considered. The Application is consistent with that advice.
Part E – Codes E1.0 BUSHFIRE-PRONE AREAS CODE
E1.1 Code Purpose Statement Clause E1.1 of the Planning Scheme provides the Code Purpose Statement. The Statement is reproduced as follows:
The purpose of this Code is to ensure that use and development is appropriately designed, located, serviced, and constructed, to reduce the risk to human life and property, and the cost to the community, caused by bushfires.
E1.2 Application Code applies (subdivision) The Property is subject to the Bushfire Prone Areas Code overlay of the Planning Scheme.
A report by an accredited assessor (Mr Van den Berg) was completed for the Property and forwarded by GES Environmental Solutions. It is part of the Application. This was a Bushfire Hazard Report and Bushfire Management Hazard Plan (2020). A covering letter was also provided by GES - Annexure 7, Attachment B.
The Submission includes the following statement: The site contains and is within 100m of bushfire prone vegetation and so is controlled by the Bushfire Code. Being mostly within the urban area, the surrounding land is maintained in a relatively low fuel condition. All hazard management areas have been contained within the lot boundaries without need for adjoining landowner consent.
The bushfire report from Geo- environmental Solutions (included with the application at Annexure 7) demonstrates how the appropriate management area has been provided to protect the subdivided lots and provides further advice about how this code is addressed.
It is noted that on the 9 July 2020 the Tasmanian Planning Commission approved a Bushfire Prone Areas Code Overlay.. (page 10) E1.4 Exemptions Exemption N/A E1.5 Use Standards E1.5.1 Vulnerable Uses E1.5.2 Hazardous Uses
E1.6 Development Standards E1.6.1 Subdivision: Provision of hazard management areas Does the proposal further the Objective Yes statement for Clause E1.6.1? Objective: Subdivision provides for hazard management areas that: (a) facilitate an integrated approach between subdivision and subsequent building on a lot; (b) provide for sufficient separation of building areas from bushfire-prone vegetation to reduce the radiant heat levels, direct flame attack and ember attack at the building area; and (c) provide protection for lots at any stage of a staged subdivision. ACCEPTABLE SOLUTION COMPLIANCE A1 Complies; Comments in Annexure 15 noted; (a) TFS or an accredited person certifies that Conditions to apply in accordance with there is an insufficient increase in risk from recommendations of the Bushfire Hazard Report bushfire to warrant the provision of hazard (2020) - Annexure 7, Attachment B. management areas as part of a subdivision; or (b) The proposed plan of subdivision: i. shows all lots that are within or partly within a bushfire-prone area, including those developed at each stage of a staged subdivision; ii. shows the building area for each lot; iii. shows hazard management areas between bushfire-prone vegetation and each building area that have dimensions equal to, or greater than, the separation distances required for BAL 19 in Table 2.4.4 of Australian Standard AS 3959 – 2009 Construction of buildings in bushfire-prone areas; and iv. is accompanied by a bushfire hazard management plan that addresses all the individual lots and that is certified by the TFS or accredited person, showing hazard management areas equal to, or greater than, the separation distances required for BAL 19 in Table 2.4.4 of Australian Standard AS 3959 – 2009 Construction of buildings in bushfire-prone areas; and (c) If hazard management areas are to be located on land external to the proposed subdivision the application is accompanied by the written consent of the owner of that land to enter into an agreement under section 71 of the Act that will be registered on the title of the neighbouring property providing for the affected land to be managed in accordance with the bushfire hazard management plan. E1.6.2 Subdivision: Public and fire fighting access Does the proposal further the Objective Complies; Comments in Annexure 15 noted; statement for Clause E1.6.2? Conditions to apply in accordance with Objective: Access roads to, and the layout of recommendations of the Bushfire Hazard Report roads, tracks and trails, in a subdivision: (2020) - Annexure 7, Attachment B. (a) allow safe access and egress for residents, firefighters and emergency service personnel; (b) provide access to the bushfire- prone vegetation that enables both property to be defended when under bushfire attack and for hazard management works to be undertaken; (c) are designed and constructed to allow for fire appliances to be manoeuvred; (d) provide access to water supplies for fire appliances; and (e) are designed to allow connectivity, and where needed, offering multiple evacuation points. ACCEPTABLE SOLUTION COMPLIANCE A1 Complies; Comments in Annexure 15 noted; (a) TFS or an accredited person certifies that Conditions to apply in accordance with there is an insufficient increase in risk from recommendations of the Bushfire Hazard Report bushfire to warrant specific measures for (2020) - Annexure 7, Attachment B. public access in the subdivision for the purposes of fire fighting; or (b) A proposed plan of subdivision showing the layout of roads, fire trails and the location of property access to building areas is included in a bushfire hazard management plan that: i. demonstrates proposed roads will comply with Table E1, proposed private accesses will comply with Table E2 and proposed fire trails will comply with Table E3; and ii. is certified by the TFS or an accredited person. E1.6.3 Subdivision: Provision of water supply for fire fighting purposes Does the proposal further the Objective Yes statement for Clause E.1.6.3? Objective: Adequate, accessible and reliable water supply for the purposes of fire fighting can be demonstrated at the subdivision stage and allow for the protection of life and property associated with the subsequent use and development of bushfire-prone areas. ACCEPTABLE SOLUTION COMPLIANCE A1 In areas serviced with reticulated water by the water corporation: Complies; Comments in Annexure 15 noted; (a) TFS or an accredited person certifies that Conditions to apply in accordance with there is an insufficient increase in risk from recommendations of the Bushfire Hazard Report bushfire to warrant the provision of a water (2020) - Annexure 7, Attachment B. supply for fire fighting purposes (b) A proposed plan of subdivision showing the layout of fire hydrants, and building areas, is included in a bushfire hazard management plan approved by the TFS or accredited person as being compliant with Table E4; or (c) A bushfire hazard management plan certified by the TFS or an accredited person demonstrates that the provision of water supply for fire fighting purposes is sufficient to manage the risks to property and lives in the event of a bushfire.
ACCEPTABLE SOLUTION COMPLIANCE A2 N/A In areas that are not serviced by reticulated water by the water corporation: a) TFS or an accredited person certifies that there is an insufficient increase in risk from bushfire to warrant the provision of a water supply for fire fighting purposes: or b) The TFS or an accredited person certifies that a proposed plan of subdivision demonstrates that a static water supply, dedicated to fire fighting, will be provided and located compliant with Table E5; or c) bushfire hazard management plan certified by the TFS or an accredited person demonstrates that the provision of water supply for fire fighting purposes is sufficient to manage the risks to property and lives in the event of a bushfire. E5.0 ROAD AND RAILWAY ASSETS CODE
E5.1 Code Purpose Statements Clause E5.1.1 Code Purpose Statement:
(a) protect the safety and efficiency of the road and railway networks; and (b) reduce conflicts between sensitive uses and major roads and the rail network.
E5.2 Application Does the proposal involve use or development of The Channel Highway is a Category 5, land: Department of State Growth Road. a) that will require a new vehicle crossing, junction or level crossing; or Midson Traffic Pty Ltd provided a Traffic Impact b) that intensifies the use of an Assessment (TIA) which recommends a BAR existing access; or (Basic Auxiliary Right Hand Turn) (Annexure 10, c) that involves a sensitive use, Attachment B) a building, works or subdivision within 50m metres of a Utilities zone that is part of: Council’s Development Engineer has also i. a rail network; or considered the Application in relation to ii. a category 1 - Trunk Road or a requirements of this Code. category 2 - Regional Freight Road, that is subject to a speed limit of more than 60km/h kilometres per hour. E5.4 Exemptions E5.5 Use Standards E5.5.1 Existing road access and junction ACCEPTABLE SOLUTION COMPLIANCE A1 Not applicable, Category 5 road, and the proposal The annual average daily traffic (AADT) of vehicle does not include the use of an existing access or movements, to and from a site, onto a category 1 junction. or category 2 road, in an area subject to a speed limit of more than 60km/h, must not increase by more than 10% or 10 vehicle movements per day, whichever is the greater. ACCEPTABLE SOLUTION COMPLIANCE A2 Not applicable, speed limit is 50km/hr and the The annual average daily traffic (AADT) of vehicle proposal does not include the use of an existing movements, to and from a site, using an existing access or junction. access or junction, in an area subject to a speed limit of more than 60km/h, must not increase by more than 10% or 10 vehicle movements per day, whichever is the greater. Performance Criteria discussion: ACCEPTABLE SOLUTION COMPLIANCE A3 Not applicable The annual average daily traffic (AADT) of vehicle movements, to and from a site, using an existing access or junction, in an area subject to a speed limit of 60km/h or less, must not increase by more than 20% or 40 vehicle movements per day, whichever is the greater. E5.5.2 Existing level crossings ACCEPTABLE SOLUTION COMPLIANCE A1 Not applicable Where use has access across part of a rail network, the annual average daily traffic (AADT) at an existing level crossing must not be increased by greater than 10% or 10 vehicle movements per day, whichever is the greater. E5.6 Development Standards E5.6.1 Development adjacent to roads and railways ACCEPTABLE SOLUTION COMPLIANCE A1 Not applicable Except as provided in A1.2, the following development must be located at least 50m from the rail network, or a category 1 road or category 2 road, in an area subject to a speed limit of more than 60km/h: (a) new buildings; (b) other road or earth works; and (c) building envelopes on new lots. ACCEPTABLE SOLUTION COMPLIANCE A1.2 Not applicable Buildings, may be: (a) located within a row of existing buildings and setback no closer than the immediately adjacent building; or (b) an extension which extends no closer than: (i) the existing building; or (ii) an immediately adjacent building. E5.6.2 Roads accesses and junctions ACCEPTABLE SOLUTION COMPLIANCE Complies - TIA advice (Annexure 10, Attachment A1 B) No new access or junction to roads in an area subject to a speed limit of more than 60km/h.
ACCEPTABLE SOLUTION COMPLIANCE A2 Performance Criteria applies - TIA advice (Annexure 10, Attachment B) No more than one access providing both entry and exit, or two accesses providing separate entry and exit, to roads in an area subject to a speed limit of 60km/h or less. Performance Criterion
The TIA states: “Four lots will have direct access to the Channel Highway. This is deemed acceptable under the Performance Criteria P2 of E5.6.2 of the Planning Scheme, and is consistent with other residential dwellings on the Channel Highway in close proximity to the subject site.”
The TIA advice on page 17 and 22 of the TIA .(Annexure 10, Attachment B) has been considered in relation to this Performance Criteria and for the reasons set out in the TIA it is considered the Performance Criteria are satisfied. E5.6.3 New Level Crossings E5.6.4 Sight distance at accesses, junctions and level crossings ACCEPTABLE SOLUTIONS COMPLIANCE A1 Complies Sight distances at: (a) an access or junction must comply with The TIA states: the Safe Intersection Sight Distance “The proposed access has sufficient sight distance shown in Table E5.1; and to comply with the requirements of Acceptable (b) rail level crossings must comply with Solution A1 of E5.6.4 of the Planning Scheme.” AS1742.7 Manual of uniform traffic control devices Railway crossings, (b) N/A Standards Association of Australia. E6.0 PARKING AND ACCESS CODE
E6.1 Code Purpose Statements Clause E6.1. Code Purpose Statement. a) ensure safe and efficient access to the road network for all users, including drivers, passengers, pedestrians and cyclists; b) ensure enough parking is provided for a use or development to meet the reasonable requirements of users, including people with disabilities; c) ensure sufficient parking is provided on site to minimise on street parking and maximise the efficiency of the road network; d) ensure parking areas are designed and located in conformity with recognised standards to enable safe, easy and efficient use and contribute to the creation of vibrant and liveable places; e) ensure access and parking areas are designed and located to be safe for users by minimising the potential for conflicts involving pedestrians, cyclists and vehicles; and by reducing opportunities for crime or antisocial behaviour; f) ensure that vehicle access and parking areas do not adversely impact on amenity, site characteristics or hazards; g) recognise the complementary use and benefit of public transport and nonmotorised modes of transport such as bicycles and walking; h) provide for safe servicing of use or development by commercial vehicles.
E6.3 Application – This code applies to all use and development E6.4 Exemptions – There are no exemptions for this Code E6.5 Application requirements Report Midson Traffic Pty Ltd Report (TIA) (Annexure 10, Attachment B)
Council’s Development Engineer has also considered the Application in relation to requirements of this Code.
Traffic Impact Assessment - the proposal will TIA - (Annexure 10, Attachment B) increase the number of vehicle movements per The TIA states: day to more than 40 “The traffic generation of the subdivision is likely to be 451 vehicles per day with a peak of 48 vehicles per hour when fully developed.”
E6.6 Use Standards E.6.6.1 Number of car parking spaces Does the proposal further the Objective Yes. statement for Clause E6.6.1? ACCEPTABLE SOLUTION COMPLIANCE A1 Consideration at Subdivision development The number of onsite car parking spaces must proposal stage (proposal has capacity for be: compliance when proposed lots are developed) (a) no less than the number specified in Table E6.1, rounded up to the nearest The site is not subject to a parking plan for the whole number; area. except if: (i) the site is subject to a parking plan for the area adopted by Council, in which case parking provision (spaces or cash in lieu) must be in accordance with that plan; E6.6.2 Number of accessible car parking spaces for people with a disability ACCEPTABLE SOLUTIONS COMPLIANCE A1 Consideration at Subdivision development Car parking spaces provided for people with a proposal stage (proposal has capacity for disability must: compliance when proposed lots are developed) (a) satisfy the relevant provisions of the Building Code of Australia; (b) be incorporated into the overall car park design; (c) be located as close as practicable to the building entrance. E6.6.3 Number of motorcycle parking spaces ACCEPTABLE SOLUTION COMPLIANCE A1 Consideration at Subdivision development The number of onsite motorcycle parking spaces proposal stage (proposal has capacity for provided must be at a rate of 1 space to each 20 compliance when proposed lots are developed) car parking spaces after the first 19 car parking spaces except if bulky goods sales, (rounded to the nearest whole number). Where an existing use or development is extended or intensified, the additional number of motorcycle parking spaces provided must be calculated on the amount of extension or intensification, provided the existing number of motorcycle parking spaces is not reduced. E6.6.4 Number of bicycle parking spaces ACCEPTABLE SOLUTION COMPLIANCE A1 Consideration at Subdivision development proposal stage (proposal has capacity for compliance when proposed lots are developed) The number of onsite bicycle parking spaces provided must be no less than the number specified in Table E6.2. E6.7 Development Standards E6.7.1 Number of vehicular accesses ACCEPTABLE SOLUTION COMPLIANCE A1 Complies The number of vehicle access points provided for each road frontage must be no more than 1 or the existing number of vehicle access points, whichever is the greater. E6.7.2 Design of vehicular accesses ACCEPTABLE SOLUTION COMPLIANCE A1 Complies Design of vehicle access points must comply with all of the following: (a) in the case of non-commercial vehicle access; the location, sight distance, width and gradient of an access must be designed and constructed to comply with section 3 – “Access Facilities to Off street Parking Areas and Queuing Areas” of AS/NZS 2890.1:2004 Parking Facilities Part 1: Off street car parking; (b) in the case of commercial vehicle access; the location, sight distance, geometry and gradient of an access must be designed and constructed to comply with all access driveway provisions in section 3 “Access Driveways and Circulation Roadways” of AS2890.2 2002 Parking facilities Part 2: Off street commercial vehicle facilities E6.7.3 Vehicular passing areas along an access ACCEPTABLE SOLUTION COMPLIANCE A1 Complies Vehicular passing areas must: (a) be provided if any of the following applies to an access: (i) it serves more than 5 car parking spaces; (ii) is more than 30 m long; (iii) it meets a road serving more than 6000 vehicles per day; (b) be 6 m long, 5.5 m wide, and taper to the width of the driveway; (c) have the first passing area constructed at the kerb; (d) be at intervals of no more than 30 m along the access. E6.7.4 On-site turning ACCEPTABLE SOLUTION COMPLIANCE A1 Consideration at Subdivision development Onsite turning must be provided to enable proposal stage (proposal has capacity for vehicles to exit a site in a forward direction, compliance when proposed lots are developed) except where the access complies with any of the following: (a) it serves no more than two dwelling units; E6.7.5 Layout of parking areas ACCEPTABLE SOLUTION COMPLIANCE A1 N/A The layout of car parking spaces, access aisles, circulation roadways and ramps must be Consideration at Subdivision development designed and constructed to comply with section proposal stage (proposal has capacity for 2 “Design of Parking Modules, Circulation compliance when proposed lots are developed) Roadways and Ramps” of AS/NZS 2890.1:2004 Parking Facilities Part 1: Off street car parking and must have sufficient headroom to comply with clause 5.3 “Headroom” of the same Standard. E6.7.6 Surface treatment of parking areas ACCEPTABLE SOLUTION COMPLIANCE A1 Complies Parking spaces and vehicle circulation roadways must be in accordance with all of the following; (a) paved or treated with a durable all weather pavement where within 75m of a property boundary or a sealed roadway; (b) drained to an approved stormwater system, unless the road from which access is provided to the property is unsealed. E6.7.7 Lighting of parking areas ACCEPTABLE SOLUTION COMPLIANCE A1 Permit condition to apply for compliance (Street lighting provided by TasNetworks). Parking and vehicle circulation roadways and pedestrian paths used outside daylight hours must be provided with lighting in accordance with clause 3.1 “Basis of Design” and clause 3.6 “Car Parks” in AS/NZS 1158.3.1:2005 Lighting for roads and public spaces Part 3.1: Pedestrian area (Category P) lighting. E6.7.8 Landscaping of parking areas ACCEPTABLE SOLUTION COMPLIANCE A1 Permit condition to apply (landscaping plan) for Landscaping of parking and circulation areas compliance must be provided where more than 5 car parking Landscaping of Public Open Space and nature spaces are proposed. This landscaping must be strips to be part of further detailed design. no less than 5 percent of the area of the car park, except in the Central Business Zone where no landscaping is required. E6.7.9 Design of motorcycle parking areas ACCEPTABLE SOLUTION COMPLIANCE A1 The design of motorcycle parking areas must N/A Consideration at Subdivision development comply with all of the following: proposal stage (proposal has capacity for (a) be located, designed and constructed compliance when proposed lots are developed) to comply with section 2.4.7 “Provision for Motorcycles” of AS/NZS 2890.1:2004 Parking Facilities Part 1: Off street car parking; (b) be located within 30 m of the main entrance to the building. E6.7.10 Design of bicycle parking facilities ACCEPTABLE SOLUTION COMPLIANCE A1 The design of bicycle parking facilities must Not applicable. comply with all the following; (a) be provided in accordance with the requirements of Table E6.2; (b) be located within 30 m of the main entrance to the building. ACCEPTABLE SOLUTION COMPLIANCE A2 The design of bicycle parking spaces must Not applicable. be to the class specified in table 1.1 of AS2890.31993 Parking facilities Part 3: Bicycle parking facilities in compliance with section 2 “Design of Parking Facilities” and clauses 3.1 “Security” and 3.3 “Ease of Use” of the same Standard. E6.7.11 Bicycle end of trip facilities ACCEPTABLE SOLUTION COMPLIANCE A1 For all new buildings where the use requires Not applicable. the provision of more than 5 bicycle parking spaces for employees under Table E6.2, 1 shower and change room facility must be provided, plus 1 additional shower for each 10 additional employee bicycle spaces thereafter. E6.7.12 Siting of Car Parking ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Parking spaces and vehicle turning areas, including garages or covered parking areas in the General Residential Zone, Inner Residential Zone, Urban Mixed Use Zone, Village Zone, Local Business Zone and General Business Zone must be located behind the building line of buildings located or proposed on a site except if a parking area is already provided in front of the building line of a shopping centre. E6.7.13 Facilities for commercial vehicles ACCEPTABLE SOLUTION COMPLIANCE A1 Complies Commercial vehicle facilities for loading, unloading or manoeuvring must be provided onsite in accordance with Australian Standard for Off street Parking, Part 2: Commercial. Vehicle Facilities AS 2890.2:2002, unless: (a) the delivery of all inward bound goods is by a single person from a vehicle parked in a dedicated loading zone within 50 m of the site; (b) the use is not primarily dependent on outward delivery of goods from the site. E6.7.14 Access to a road ACCEPTABLE SOLUTION COMPLIANCE A1 Complies Access to a road must be in accordance with the The Channel Highway is a Category 5, requirements of the road authority. Department of State Growth Road. The application was referred to State Growth. Standard road infrastructure requirements of the DSG will be applicable through permit conditions for works in the Channel Highway reservation. E7.0 STORMWATER MANAGEMENT CODE
E7.1 Code Purpose Statements Clause E7.1.1 The Code Purpose Statement is. The purpose of this provision is to ensure that stormwater disposal is managed in a way that furthers the objectives of the State Stormwater Strategy.
E7.2 Application E7.4 Exemptions – No development is exempt from this code E7.5 Application requirements Report suitably qualified person. The Application includes the Stormwater Planning Report dated 7 August 2020 (Annexure 8) together with relevant stormwater management plans in Annexure 1 which are referred to together in the assessment as the (“Stormwater Planning Report”)
The Stormwater Planning Report has been prepared by a suitably qualified person and has been considered on that basis in the assessment.
Council’s Development Engineer has also considered the Application in relation to requirements of this Code. E7.6 Use Standards – There are no use standards for this Code E7.7 Development Standards E7.7.1 Stormwater drainage and disposal ACCEPTABLE SOLUTION COMPLIANCE A1 Performance Criteria (P1) apply Stormwater from new impervious surfaces must The Stormwater Planning Report has been be disposed of by gravity to public stormwater considered. infrastructure. Performance Criteria discussion:
P1 Stormwater from new impervious surfaces must be managed by any of the following: (a) disposed of on-site with soakage devices having regard to the suitability of the site, the system design and water sensitive urban design principles; (b) collected for re-use on the site; (c) disposed of to public stormwater infrastructure via a pump system which is designed, maintained and managed to minimise the risk of failure to the satisfaction of the Council. Assessment: The Performance Criteria P1(c) considered satisfied based on the advice in the Stormwater Planning Report. Complies.
ACCEPTABLE SOLUTION COMPLIANCE A2 Performance Criteria (P2) apply A stormwater system for a new development The Stormwater Planning Report has been must incorporate water sensitive urban design considered. principles R1 for the treatment and disposal of stormwater if any of the following apply: (a) the size of new impervious area is more than 600 m2 ; (b) new car parking is provided for more than 6 cars; (c) a subdivision is for more than 5 lots. Performance Criteria discussion:
P2 A stormwater system for a new development must incorporate a stormwater drainage system of a size and design sufficient to achieve the stormwater quality and quantity targets in accordance with the State Stormwater Strategy 2010, as detailed in Table E7.1 unless it is not feasible to do so.
Assessment: The Performance Criteria P2 is considered satisfied based on the advice in the Stormwater Planning Report. Complies.
Note from Code E7.7.1.R1 Water Sensitive Urban Design Engineering Procedures for Stormwater Management in Southern Tasmania or the Model for Urban Stormwater Improvement Conceptualisation (MUSIC), a nationally recognised stormwater modelling software package used to assess land development proposals based on local conditions including rainfall, land use and topography, is recognised as current best practice. ACCEPTABLE SOLUTION COMPLIANCE A3 (No Performance Criteria apply) A minor stormwater drainage system must be The Stormwater Planning Report has been designed to comply with all of the following: considered. (a) be able to accommodate a storm with an ARI of 20 years in the case of nonindustrial zoned land and an ARI of The following advice from the Stormwater 50years in the case of industrial zoned land, when the land serviced by the Planning Report is noted: system is fully developed; Response: the sizing of pipes and culverts within the proposed new public stormwater infrastructure is designed to accommodate (b) stormwater runoff will be no greater a storm with an ARI of 20 years without than pre existing runoff or any increase overflow when the land serviced by the can be accommodated within existing system is fully developed; or upgraded public stormwater infrastructure. stormwater runoff may be greater than existing runoff (although the change cannot be quantified due to an absence of baseline data), but the projected flows can be accommodated within the proposed new public stormwater infrastructure.”
Assessment: Acceptable Solution A3 is considered satisfied based on the advice in the Stormwater Planning Report on Acceptable Solution A3. Complies.
Conditions of approval will require detailed engineering, hydraulic modelling and design details to be provided that will be subject of further Council approval before construction of the system is approved to commence.
ACCEPTABLE SOLUTION COMPLIANCE A4 (No Performance Criteria apply) A major stormwater drainage system must be The Stormwater Planning Report has been designed to accommodate a storm with an ARI of considered. 100 years. Assessment: Acceptable Solution A4 is considered satisfied based on the advice in the Stormwater Planning Report on Acceptable Solution A4. Complies.
Conditions of approval will require detailed engineering, hydraulic modelling and design details to be provided that will be subject of further Council approval before construction of the system is approved to commence. E9.0 ATTENUATION CODE
E9.1 Code Purpose Statements Clause E9.1.1 The Code Purpose Statement is.
(a) minimise adverse effect on the health, safety and amenity of sensitive use from uses with potential to cause environmental harm; and (b) minimise likelihood for sensitive use to conflict with, interfere with or constrain uses with potential to cause environmental harm.
ASSESSMENT No. 1 Background
The proposed Subdivision to be located in the General Residential Zone will be for sensitive use and development if the Draft Amendment is approved, and the Application is approved and a Planning Permit issued.
The following relates to the assessment under E9.7.2 of the Code.
Attenuation: Dairy, 7368 Channel Highway, Cygnet (‘Dairy’) This part of the assessment is in relation to the Dairy (a listed activity) located on part of 7368 Channel Highway, Cygnet.
The Application includes the Environmental Impacts and Attenuation Report, 2019 (‘SEAM Report’) from a qualified person. This professional advice has been considered on that basis in relation to the Application and its assessment under the Attenuation Code of the Planning Scheme.
It is noted that the Application refers to the SEAM Report in the Submission to the Cygnet Treatment Plant. The Submission states:
The site is also partly within the attenuation area of the Mt Cygnet Dairy. A report from SEAM is included with the application at Annexure 6 which indicates that the impacts of the dairy are minimal, it is noted that this report also considers the STP Attenuation Distance in passing however the purpose of the report was to assess the affect of the current dairy operations on the adjacent properties and as such this report has not been relied upon in anyway for the reduction of the STP Attenuation Zone. (page 9)
The above comment in the Application at page 9 of the Submission, indicates it is the advice in the SEAM Report in relation to the Dairy that is material to consider for the Application.
Therefore, the information in the SEAM Report regarding the Cygnet Treatment Plant whilst it has been noted, that information is not relied upon for the purposes of assessing the Attenuation Code regarding the Cygnet Treatment Plant. SEAM Report – Attenuation distance The SEAM Report refers to the following plan from Annexure 1 of the Submission. This plan shows graphically the extent of a 100 metre radius (an attenuation distance) from the Dairy and its proximity to the Property.
Plan: Attenuation distance (shown as 100 metres) from Dairy, 7368 Channel Highway – Plan V704UH-2, Annexure 1, Attachment B
E9.2 Application of the Code The Code is applicable to quite a small part of the northern area of the Property (see plan above). E9.4 Exemptions E9.5 Application requirements Report included with the Application SEAM Report E9.6 Use Standards E9.6.1 Use with Potential to Cause Environmental Harm ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Use with potential to cause environmental harm has a separation distance no less than the The proposal does not include a use that has the potential to cause environmental harm. minimum attenuation distance listed in Tables E9.1 or E9.2. E9.7 Development Standards E9.7.1 Development for Use with Potential to Cause Environmental Harm ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Development for use with potential to cause environmental harm has a separation distance no The proposal does not include a development less than the minimum attenuation distance listed that has the potential to cause environmental in Tables E9.1 or E9.2. harm. E9.7.2 Development for Sensitive Use in Proximity to Use with Potential to Cause Environmental Harm ACCEPTABLE SOLUTION COMPLIANCE A1 - No Acceptable Solution Performance Criteria applies Performance Criteria discussion:
P1 Development for sensitive use, including subdivision of lots within a sensitive zone, must not result in potential to be impacted by environmental harm from use with potential to cause environmental harm, having regard to all of the following: (a) the nature of the use with potential to cause environmental harm; including: i. operational characteristics; ii. scale and intensity; iii. degree of hazard or pollution that may emitted from the activity; (b) the degree of encroachment by the sensitive use into the Attenuation Area or the attenuation distance; (c) measures in the design, layout and construction of the development for the sensitive use to eliminate, mitigate or manage effects of emissions
Performance Criteria-consideration (P1) The Application is assessed in accordance with Section 43C(3) of the Act. This requires consideration of the matters under this Code ‘as if’ the Draft Amendment had been approved.
In relation to P1(a), of E9.7.2 it is necessary to consider the relevant part of the Property as being capable of being used for a ‘sensitive use’ which means, for example, residential use in accordance with the General Residential zone provisions.
It is also necessary to consider whether that sensitive use could potentially be impacted on from ‘environmental harm’ as set out in the Planning Scheme (Section 4). Environmental harm under the Code has the same meaning as under the Environmental Management and Pollution Control Act 1994 which is part of the RMPS. In summary, it can be a type of harm caused by, for example, odour or noise as these are a type of potential ‘pollutant’ referred to in that legislation that can cause environmental harm. The SEAM Report states the following in relation to odour and noise: The study has not identified any significant impacts with the proposed development based on attenuation and potential odour, noise and visual impacts for the proposed residential subdivision at Cygnet. (page 3)
The SEAM Report also states: The study has not identified any significant impacts with the proposed development based on potential dust, noise and visual impacts. (page 15)
It is not considered that the visual impacts referred to in the SEAM Report would constitute a type of pollutant as defined by the above environmental legislation in the context of the Code.
However, the advice in the SEAM Report has been considered for the assessment in relation to potential odour and noise. The advice in the report that there were no identified significant impacts with the proposed development from either of these potential pollutants at the time the investigation was undertaken is relevant.
Also, the following more recent advice in the Submission has also been considered; it states: The site is also partly within the attenuation area of the Mt Cygnet Dairy (across the road). A report from SEAM at Annexure 6 indicates that the existing and future dairy has little to no impact on the site. (page 26)
The advice in the SEAM Report and Submission do not indicate there is any significant odour or noise issue (or other relevant pollutant issue) that may arise from the Dairy or its operations on the information and advice provided that would give rise to a likelihood of environmental harm (as defined) occurring contrary to this Code in relation to a sensitive use(s) being carried out on the Property.
In relation to (b) It is also relevant that the 100 metre attenuation distance shown on the above Submission plan does not encroach on the Property to any significant distance.
For these reasons it is considered the Performance Criteria are met.
(c) For these reasons, there would not be a reasonable basis to apply the type of recommendation in the SEAM Report as a permit condition that is referred to on page 15 (vegetation buffer). ASSESSMENT No. 2 Background The proposed Subdivision to be located in the General Residential Zone will be for sensitive use and development if the Draft Amendment and Application are approved and a Planning Permit issued.
The Application is assessed in accordance with Section 43C(3) of the Act. This requires consideration of the matters under this Code ‘as if’ the Draft Amendment had been approved. In relation to P1(a) of E9.7.2, it is necessary to consider the relevant part of the Property as being capable of being used for a ‘sensitive use’ which means, for example, residential use in accordance with the General Residential zone provisions.
It is also necessary to consider whether that sensitive use could potentially be impacted on from ‘environmental harm’ as set out in the Planning Scheme (Section 4). Environmental harm under the Code has the same meaning as under the Environmental Management and Pollution Control Act 1994 which is part of the RMPS. In summary, it can be a type of harm caused by, for example, odour or noise as these are a type of potential ‘pollutant’ referred to in that legislation that can cause environmental harm.
Attenuation Code – Cygnet Treatment Plant (CTP) This Application has been considered in relation to this Code regarding the Cygnet Treatment Plant located at 7321 Channel Highway, Cygnet. The following professional advice form PDA Surveyors, Pitt & Sherry and TasWater has been considered in relation to the assessment of the Application under the Code.
Attenuation distance – Code Table E9.2 Under the Planning Scheme, the attenuation distance is measured between the outer edge of the area used [i.e., of the Cygnet Treatment Plant and the property boundary where the sensitive use(s) (residential use) is located].
Image 5: Location of the CTP (LISTmap) Application Submission The Application states in relation to the CTP (page 8):
The following information relates to the assessment under E9.7.2 of the Code and has been considered.
Code Notwithstanding an overlay is applied under the scheme, given the following advice from Pitt&Sherry and TasWater that a 200m attenuation distance is appropriate for the overlay measured from the CTP, and their advice that under Table E9.2 that the appropriate attenuation distance is also 200m, then the assessment has proceeded on the basis of that distance being the appropriate distance whether applied under E9.2.1(b)(i) or (ii). The relevant provisions are:
……..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.
Pitt & Sherry Report The Pitt & Sherry Report (Annexure 5, Attachment B) states: PDA Surveyors 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. (page 1) The report refers to the buffer originating …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.
Odour In relation to odour this 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)
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 100 m. (page 4)
Buffer (Attenuation distance) The Report states: … …..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)
…..For the 240 kL/day plant, the applicable buffer distance would be 150 m. (page 3)…. The greater buffer distance of 150 m for sludge should therefore not apply (page 3)
Report Conclusion The Report concludes: 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).
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. TasWater TasWater has provided the following advice in the TasWater Notice dated 20 December 2019 received by Council. It provided the following advice regarding the Cygnet Treatment Plant; 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.
In a subsequent email TasWater received on 4 August 2020 it advised the Council:
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; 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 Both TasWater and Pitt & Sherry have provided advice a 200 metre buffer from the CTP is an appropriate distance between the CTP and other properties. Therefore, it is apparent on the basis of the above advice that a distance of 200m between the plant and the Property is a sufficient buffer distance to mitigate or alleviate odour or other potential environmental issues from arising to a point where they may give rise to potential environmental harm as defined under the EMPCA.
Therefore, in relation to this Application it is not considered there is a reasonable basis for there to be considered likely impact by environmental harm from use with potential to cause environmental harm to the proposed sensitive use(s) of the Property. – Application complies Amendment to Planning Scheme It is proposed that an amendment be made to the mapping of the overlay to reduce the mapped area to 200m for the above reasons. This is likely to be by an amendment to the Planning Scheme to be initiated by the Council.
E9.2 Application of the Code The Code Overlay is applicable to land comprised in the Balance Lot and also the Property. E9.4 Exemptions E9.5 Application requirements Report included with the Application Pitt and Sherry Report Cygnet WWWTP Odour Buffer Review (2017), Annexure 5, Attachment B E9.6 Use Standards E9.6.1 Use with Potential to Cause Environmental Harm ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Use with potential to cause environmental harm has a separation distance no less than the N/A The proposal does not include a use that minimum attenuation distance listed in Tables has the potential to cause environmental harm. E9.1 or E9.2. E9.7 Development Standards E9.7.1 Development for Use with Potential to Cause Environmental Harm ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Development for use with potential to cause environmental harm has a separation distance no The proposal does not include a development less than the minimum attenuation distance listed that has the potential to cause environmental in Tables E9.1 or E9.2. harm. E9.7.2 Development for Sensitive Use in Proximity to Use with Potential to Cause Environmental Harm ACCEPTABLE SOLUTION COMPLIANCE A1 - No Acceptable Solution Performance Criteria applies Performance Criteria discussion: P1 Development for sensitive use, including subdivision of lots within a sensitive zone, must not result in potential to be impacted by environmental harm from use with potential to cause environmental harm, having regard to all of the following: (a) the nature of the use with potential to cause environmental harm; including: (i) operational characteristics; (ii) scale and intensity (iii) degree of hazard or pollution that may emitted from the activity; (b) the degree of encroachment by the sensitive use into the Attenuation Area or the attenuation distance; (c) measures in the design, layout and construction of the development for the sensitive use to eliminate, mitigate or manage effects of emissions The above comments relate to the assessment under E9.7.2 and P1(a-c). b) Whilst the 400m buffer currently encroaches onto the Property, for the above reasons this does not alter the situation that there is not likely to be any realistic likelihood of impact on residential (sensitive) use from the operation of the CTP on the Property or subsequent lots subdivided from that Property, from, for example, odour from the CTP for the above reasons.
For these reasons it is considered the Performance Criteria are met.
(c) There is not a basis to apply planning permit conditions regarding attenuation issues on the current proposal for development.
Image: Current Attenuation Code Overlay area Image: Proposed amended Code Overlay area (LISTmap extract) (Submission; page 9) E.10 BIODIVERSITY CODE
E10.1 Code Purpose Statements Clause E10.1.1 The Code Purpose Statement is.
(a) minimise loss of identified threatened native vegetation communities and threatened flora species; (b) conserve identified threatened fauna species by minimising clearance of important habitat and managing environmental impact; (c) minimise loss of other biodiversity values that are recognised as locally significant by the Planning Authority; where not otherwise regulated by the State or the Commonwealth.
E10.2 Application The Biodiversity Code overlay does not overlay the Property (area to be subdivided) that is part of Does the proposal involve the clearance and CT 167891/1. conversion or disturbance of native vegetation The Biodiversity Code overlay does overlay the within a Biodiversity Protection Area? area of Crown Land to the west of CT 167891/1 (see image below) E10.4 Exemptions Is the use or development exempt from this Yes. Code? Exemption E10.4.1 The following development is exempt from this code: (m) clearance and conversion or disturbance of an area no more than 750 m2.
Image: Biodiversity Protection Area Overlay, Esplanade, Cygnet (LISTmap) Assessment: An exemption applies as outlined in this section above. The advice in the Stormwater Planning Report (Annexure 8) has also been noted: “(a) avoid or mitigate impact on natural values; Response: the proposal has no potential for direct or indirect impact on natural values except at the proposed discharge point and in the receiving waters of Port Cygnet; the proposed works at the discharge point do not require or invite any clearance of native vegetation (including threatened communities) or threatened species habitat (see page 2 of this report); there is no evidence to suggest that the proposed discharge into Port Cygnet will have any adverse effects on natural values in the receiving environment (see page 3 of this report)…(page 9)
Complies as the proposed works in so far as they are within the Biodiversity Protection Area do not exceed the exemption area specified in the Code that applies.
E10.5 Application requirements A natural values determination if considered Not required necessary to determine compliance with acceptable solutions. Any of the following information if considered Not required necessary to determine compliance with performance criteria: (a) a natural values determination; (b) a natural values assessment; (c) a report detailing how impacts on priority biodiversity values will be avoided, minimised, and/or mitigated; (d) a special circumstances justification report; (e) a biodiversity offsets plan. E10.7 Development Standards E10.7.1 Buildings and works Does the proposal further the Objective statement for Clause E10.7.1? ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Clearance and conversion or disturbance must comply with one of the following: (a) be within a Building Area on a plan of subdivision approved under this planning scheme; (b) the development is for a single dwelling on an existing lot within the Low Density Residential Zone, Rural Living Zone or Environmental Living Zone and (i) the area of clearance and conversion is no more than 3,000 m2; (ii) the area of disturbance is no more than 6,000 m2; (c) the development is other than for a single dwelling on an existing lot within the Low Density Residential Zone, Rural Living Zone or Environmental Living Zone and (i) the area of clearance and conversion is no more than 1,500 m2; (ii) the area of disturbance is no more than 3,000 m2. E10.8 Subdivision Standards E10.8.1 Subdivision Does the proposal further the Objective N/A statement for Clause E10.8.1? ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Subdivision of a lot, all or part of which is within a Biodiversity Protection Area, must comply with one or more of the following: (a) be for the purposes of separating existing dwellings; (b) be for the creation of a lot for public open space, public reserve or utility; (c) no works, other than boundary fencing works, are within the Biodiversity Protection Area; (d) the building area, bushfire hazard management area, services and vehicular access driveway are outside the Biodiversity Protection Area. ACCEPTABLE SOLUTION COMPLIANCE A2 N/A Subdivision is not prohibited by the relevant zone standards. E.11 WATERWAY AND COASTAL PROTECTION CODE
E11.1 Code Purpose Statements Clause E11.1.1 The Code Purpose Statement is.
The purpose of this provision is to manage vegetation and soil disturbance in the vicinity of wetlands, watercourses and the coastline in order to: (a) minimise impact on water quality, natural values including native riparian vegetation, river condition and the natural ecological function of watercourses, wetlands and lakes; (b) minimise impact on coastal and foreshore values, native littoral vegetation, natural coastal processes and the natural ecological function of the coast; (c) protect vulnerable coastal areas to enable natural processes to continue to occur, including the landward transgression of sand dunes, wetlands, saltmarshes and other sensitive coastal habitats due to sea level rise. (d) minimise impact on water quality in potable water supply catchment areas.
E11.2 Application Does the proposal involve development within: Waterway and coastal protections area. (a) waterway and coastal protections areas (b) Future Coastal Refugia Areas (c) Potable Water Supply Areas E11.4 Exemptions Is the use or development exempt from this No. Code? E11.5 Application requirements A natural values assessment Whilst a natural values report is not included with the Application, the Stormwater Planning Report (Annexure 8, Attachment B) is considered relevant based on the following advice in the Submission: “A stormwater report, considering the impacts on natural values, particularly those in the Port Cygnet Marine Reserve is included within the application documentation at Annexure 8.” (page 10) A soil and water management plan The Submission (Annexure 15) report states the following:
“E11.7.1… Fill and excavation would be carefully controlled and would incorporate any construction management plan as required by Council.” (page 26) E11.7 Development Standards E11.7.1 Buildings and Works ACCEPTABLE SOLUTION COMPLIANCE A1 For the works that are proposed there is not a Building and works within a Waterway and building area. Coastal Protection Area must be within a building area on a plan of subdivision approved under this planning scheme. Performance Criteria discussion: The Submission (Annexure 15) states: “E11.7.1 There are two small areas of the site that are within a Waterway and Coastal Protection Area overlay. No use or development of the easternmost area is proposed. The westernmost area would be used for residential purposes. This area is separated from Port Cygnet by Esplanade Road in such a manner that the aquatic values are already minimal. There would be no likely impact. The stormwater outlet discharging to Port Cygnet would be designed to minimise erosion and sedimentation and minimise impact on aquatic values in the area. The design would take place at the engineering design stage to Council’s satisfaction. It is unlikely that the visual impact of would be significantly different than most of the existing stormwater outlets in the vicinity.” (Page 26)
The Stormwater Planning Report (Annexure 8) states: “(a) avoid or mitigate impact on natural values; Response: the proposal has no potential for direct or indirect impact on natural values except at the proposed discharge point and in the receiving waters of Port Cygnet; the proposed works at the discharge point do not require or invite any clearance of native vegetation (including threatened communities) or threatened species habitat (see page 2 of this report); there is no evidence to suggest that the proposed discharge into Port Cygnet will have any adverse effects on natural values in the receiving environment (see page 3 of this report).
(b) mitigate and manage adverse erosion, sedimentation and runoff impacts on natural values; Response: during high flow conditions there is potential for hydraulic impacts on native coastal vegetation and erosion on the shore of Port Cygnet, but the risk has been minimised through engineering design which features upstream detention and buffering of flows and energy dissipation, including rock pitching at the discharge point; the attached MUSIC modelling indicates that the proposed treatment approach will remove an estimated 97.5% of gross pollutants and meet the required reductions in suspended solids, total phosphorous and total nitrogen (see Figure 1 of this report).
(c) avoid or mitigate impacts on riparian or littoral vegetation; Response: the proposed works at the discharge point do not require or invite any clearance of native vegetation habitat (see page 2 of this report); during high flow conditions there is potential for hydraulic impacts on native coastal vegetation and erosion on the shore of Port Cygnet, but the risk has been minimised through engineering design which features upstream detention and buffering of flows and energy dissipation, including rock pitching at the discharge point;
(d) maintain natural streambank and streambed condition, (where it exists); not applicable;
(e) maintain in-stream natural habitat, such as fallen logs, bank overhangs, rocks and trailing vegetation; not applicable;
(f) avoid significantly impeding natural flow and drainage; Response: the proposal does not impede or otherwise impact natural drainage in the vicinity of the discharge point.
(g) maintain fish passage (where applicable); not applicable;
(h) avoid landfilling of wetlands; not applicable;
(i) works are undertaken generally in accordance with 'Wetlands and Waterways Works Manual' (DPIPWE, 2003) and “Tasmanian Coastal Works Manual” (DPIPWE, Page and Thorp, 2010), and the unnecessary use of machinery within watercourses or wetlands is avoided. Response: it is anticipated that any permit granted by the Council will include a condition requiring works conducted in the Waterway and Coastal Protection Area overlay to be undertaken in accordance with this clause.” (page 9)
Assessment: The Performance Criteria are considered addressed by the measures referred to in the Submission and Stormwater Planning Report that are applicable referred to above. In addition relevant permit conditions will be applied, for example, as in paragraph (i) above. Complies.
ACCEPTABLE SOLUTION COMPLIANCE A2 N/A Building and works within a Future Coastal Refugia Area must be within a building area on a plan of subdivision approved under this planning scheme. ACCEPTABLE SOLUTION COMPLIANCE A3 N/A Buildings and works within a Potable Water Supply Area must be within a building area on a plan of subdivision approved under this planning scheme. ACCEPTABLE SOLUTION COMPLIANCE A4 Stormwater discharge into a watercourse/wetland Development must involve no new stormwater is proposed. point discharge into a watercourse, wetland or lake. Performance Criteria discussion:
P4 Development involving a new stormwater point discharge into a watercourse, wetland or lake must satisfy all of the following: (a) risk of erosion and sedimentation is minimised; (b) any impacts on natural values likely to arise from erosion, sedimentation and runoff are mitigated and managed; (c) potential for significant adverse impact on natural values is avoided.
Assessment: The management measures referred to in the Submission, in Annexure 8 and outlined above in E.11.7.1 together with the permit conditions included in the draft Planning Permit that will apply to the works carried out, on or adjacent, to the Esplanade, are considered suitable for: Achieving the water quality outcomes referred to in Annexure 8; Management of the risk of erosion and sedimentation from the works; Management of potential impacts on natural values likely to arise from erosion, sedimentation and runoff from the works; Management of Impacts on any natural values from the works; and Achieving other measures or outcomes that are required as set out in the draft planning permit such as the condition for the use of the Wetlands and Waterways Works Manual' (DPIPWE, 2003) and “Tasmanian Coastal Works Manual” (DPIPWE, Page and Thorp, 2010).
[Note: These measures and relevant Planning Permit conditions also address E16.7.1(P1)(c) of the Coastal Erosion Hazard Code to the extent applicable].
E11.7.2 Buildings and Works Dependent on a Coastal Location Does the proposal further the Objective statement for Clause E11.7.2? ACCEPTABLE SOLUTION COMPLIANCE A1 N/A An extension to an existing boat ramp, car park, jetty, marina, marine farming shore facility or slipway must be no more than 20% of the size of the facility existing at the effective date. ACCEPTABLE SOLUTION COMPLIANCE A2- No Acceptable Solution for dredging and N/A reclamation. ACCEPTABLE SOLUTION COMPLIANCE A3 N/A No Acceptable Solution for coastal protection works initiated by the private sector. E11.8 Subdivision Standards E11.8.1 Subdivision standards ACCEPTABLE SOLUTION COMPLIANCE A1 N/A. Subdivision of a lot, all or part of which is within a Waterway and Coastal Protection Area, Future Coastal Refugia Area or Potable Water Supply Area must comply with one or more of the following: (a) be for the purpose of separation of existing dwellings; (b) be for the creation of a lot for public open space, public reserve or utility; (c) no works, other than boundary fencing works, are within a Waterway and Coastal Protection Area, Future Coastal Refugia Area or Potable Water Supply Area; (d) the building area, bushfire hazard management area, services and vehicular access driveway are outside the Waterway and Coastal Protection Area, Future Coastal Refugia Area or Potable Water Supply Area. ACCEPTABLE SOLUTION COMPLIANCE A2 N/A Subdivision is not prohibited by the relevant zone standards. E14.0 SCENIC LANDSCAPES CODE
E14.1 Code Purpose Statements Clause E14.1.1 The Code Purpose Statement is. :
The purpose of this provision is to recognise and protect landscapes that are important for their scenic values. The Scenic Landscapes Code in the Planning Scheme includes the Scenic Landscape Corridor Overlay. This overlay currently extends west from the western boundary of 7357 Channel Highway, Cygnet (highlighted on Overlay image 1 below). The Scenic Landscape Corridor Overlay extends beyond that property for approximately 60 metres as shown by Overlay Image 1 and Overlay Plan 1 below. Overlay Plan 2 Draft Amendment (D) is to amend the Scenic Landscapes Corridor Overlay to reduce the overlay so it does not extend past the western property boundary of 7357 Channel Highway. The reduction to the overlay will apply to the part of the Property on the southern side of the Channel Highway as shown in Overlay Plan 2 (see further paragraph 4.2 of the Submission).
Overlay Image 1: 7357 Channel Highway, Overlay Plan 1: Scenic Landscape Corridor Cygnet -highlighted (LISTmap image) Overlay (Submission Plan extract) Overlay Plan 2: Amended Scenic Landscape Corridor Overlay (Submission Plan extract)
Assessment Draft Amendment (D) is for the removal of part of the Scenic Landscape Corridor Overlay from part of the Property.
Therefore the Application is considered in accordance with Section 43C(1) of the Act as though the Scenic Landscape Corridor does not apply to the Property. The Code provisions are not applicable in the circumstances. E14.2 Application E14.4 Exemptions E14.5 Application requirements E14.7 Development Standards E14.7.1 Removal of Bushland within Scenic Landscape Areas ACCEPTABLE SOLUTION COMPLIANCE E14.7.2 Appearance of Buildings and Works within Scenic Landscape Areas ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Buildings must comply with one of the following: a) not be visible from public spaces; b) be an addition or alteration to an existing building that; (i) increases the gross floor area by no more than 25%; (ii) does not increase the building height; (iii) provides external finishes the same or similar to existing. ACCEPTABLE SOLUTION COMPLIANCE A2 N/A Works must not be visible from public spaces. E14.7.3 Removal of Bushland and Exotic Vegetation within Scenic Landscape Corridors Does the proposal further the Objective N/A statement for Clause E14.7.3? ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Removal or disturbance of bushland, exotic trees with a height more than 10 m or hedgerows must not be visible from the pertinent road. E14.7.4 Appearance of Buildings and Works within Scenic Landscape Corridors ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Buildings and works must comply with one of the following: c) not be visible from the pertinent road; d) be an addition or alteration to an existing building that; (i) increases the gross floor area by no more than 25%; (ii) does not increase the building height; (iii) provides external finishes the same or similar to existing. E15.0 INUNDATION PRONE AREAS CODE
E15.1 Code Purpose Statements Clause E15.1.1 The Code Purpose Statement is.
a) identify areas which are at risk of periodic or permanent inundation from one or more of the following: (i) riverine, watercourse and inland flooding, (where spatial information exists), (ii) storm tide, (iii) sea level rise; b) manage development in areas at risk from periodic or permanent inundation so that: (i) people, property and infrastructure are not exposed to an unacceptable level of risk, (ii) future costs associated with options for adaptation, protection, retreat or abandonment of property and infrastructure are minimised, (iii) marine infrastructure on coastal landforms is undertaken in a way that protects coastal features, processes and ecological systems from adverse impacts; c) facilitate sustainable development of the coast in response to the impacts of climate change; d) manage development on the coast so that: (i) people, property and infrastructure are not exposed to an unacceptable level of risk, (ii) adverse effects on the stability and functioning of the coastal environment are minimised, (iii) future options for adaptation, protection, retreat or abandonment of property and infrastructure are maintained and associated future costs are minimised, (iv) marine infrastructure on coastal landforms is undertaken in a way that protects coastal features, processes and ecological systems from adverse impacts; e) preclude development that will affect flood flow or be affected by flood water, or change coastal dynamics in a way detrimental to development sites or other property; f) provide for appropriate development dependent on a coastal location.
E15.2 Application E15.4 Exemptions E15.5 Application requirements E15.6 Use Standards E15.6 Change of use ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Change of use of a non habitable building to a habitable building or a use involving habitable rooms must comply with all of the following: a) floor level of habitable rooms is no less than the AHD level for the Coastal Inundation Low Hazard Area in Table E15.1; b) floor level of habitable rooms is no less than the AHD level for the 1% AEP plus 300mm if in an area subject to riverine flooding. E15.7 Development Standards for Buildings and Works E15.7.1 Coastal Inundation High Hazard Areas ACCEPTABLE SOLUTION COMPLIANCE A1 N/A For a habitable building, including extensions to existing habitable buildings, there is no Acceptable Solution. ACCEPTABLE SOLUTION COMPLIANCE A2 N/A For a non habitable building, an outbuilding or a Class 10b building under the Building Code of Australia, there is no Acceptable Solution. E15.7.2 Coastal Inundation Medium Hazard Areas ACCEPTABLE SOLUTION COMPLIANCE A1 N/A For a new habitable building there is no Acceptable Solution. ACCEPTABLE SOLUTION COMPLIANCE A2 N/A An extension to an existing habitable building must comply with one of the following: a) new habitable rooms must comply with both of the following: (i) floor level no lower than the Minimum Level for the Coastal Inundation Low Hazard Area in Table E15.1, (ii) floor area of the extension no more than 40 m2 from the date of commencement of this planning scheme; b) new habitable rooms must be above ground floor. ACCEPTABLE SOLUTION COMPLIANCE A3 N/A A non habitable building, an outbuilding or a Class 10b building under the Building Code of Australia, must have a floor area no more than 40 m2. E15.7.3 Coastal Inundation Low Hazard Areas Does the proposal further the Objective statement for Clause E15.7.3? ACCEPTABLE SOLUTION COMPLIANCE A1 N/A A new habitable building must comply with the following: a) floor level no lower than the Minimum Level for the Coastal Inundation Low Hazard Area in Table E15.1; ACCEPTABLE SOLUTION COMPLIANCE A2 N/A An extension to a habitable building must comply with either of the following: a) floor level of habitable rooms is no lower than the Minimum Level for the Coastal Inundation Low Hazard Area in Table E15.1; b) floor area is no more than 60 m2 . ACCEPTABLE SOLUTION COMPLIANCE A3 N/A A non habitable building, an outbuilding or a Class 10b building under the Building Code of Australia, must have a floor area no more than 60 m2. E15.7.4 Riverine Inundation Hazard Areas Does the proposal further the Objective statement for Clause E15.7.4? ACCEPTABLE SOLUTION COMPLIANCE A1 N/A A new habitable building must have a floor level no lower than the 1% AEP (100 yr ARI) storm event plus 300 mm. ACCEPTABLE SOLUTION COMPLIANCE A2 N/A An extension to an existing habitable building must comply with one of the following: a) floor level of habitable rooms is no lower than the 1% AEP (100 yr ARI) storm event plus 300 mm; b) floor area of the extension no more than 60 m2 as at the date of commencement of this planning scheme. ACCEPTABLE SOLUTION COMPLIANCE A3 N/A The total floor area of all non-habitable buildings, outbuildings and Class 10b buildings under the Building Code of Australia, on a site must be no more than 60 m2. E15.7.5 Riverine, Coastal Investigation Area, Low, Medium, High Inundation Hazard Areas ACCEPTABLE SOLUTION COMPLIANCE A1 N/A. For landfill, or solid walls greater than 5 m in length and 0.5 m in height, there is no acceptable solution. ACCEPTABLE SOLUTION COMPLIANCE A2 N/A. No acceptable solution. ACCEPTABLE SOLUTION COMPLIANCE A3 N/A A land application area for onsite wastewater management must comply with all of the following: a) horizontal separation distance from high water mark or from the top of bank of a watercourse or lake must be no less than 100 m; b) vertical separation distance from the water table must be no less than 1.5 m. E15.7.6 Development Dependent on a Coastal Location ACCEPTABLE SOLUTION COMPLIANCE A1 N/A An extension to an existing boat ramp, car park, jetty, marina, marine farming shore facility or slipway must be no more than 20% of the size of the facility existing at the effective date. ACCEPTABLE SOLUTION COMPLIANCE A2 N/A No acceptable solution. ACCEPTABLE SOLUTION COMPLIANCE A3 N/A No Acceptable Solution for coastal protection works initiated by the private sector. E15.8 Development Standards for Subdivision E15.8.1 Medium and High Inundation Hazard Areas ACCEPTABLE SOLUTION COMPLIANCE A1 N/A No Acceptable Solution. E15.8.2 Subdivision Dependent on a Coastal Location ACCEPTABLE SOLUTION COMPLIANCE A1 N/A No Acceptable Solution. E15.8.3 Subdivision within a Riverine Inundation Hazard Area ACCEPTABLE SOLUTION COMPLIANCE A1 N/A Each lot, or a lot proposed in a plan of subdivision, within a Riverine Inundation Hazard Area must: a) be able to contain a building area, vehicular access and services, that are wholly located outside a Riverine Inundation Hazard Area; b) be for the creation of separate lots for existing buildings; c) be required for public use by the Crown, a council or a relevant agency; or d) be required for the provision of Utilities. Performance Criteria discussion: Attachment (1) Property and adjoining properties
Particular Purpose Zone 1 – Urban Growth Zone The Property and land adjoining the Property to the south are zoned Particular Purpose Zone 1 – Urban Growth Zone.
Image 3: Particular Purpose Zone 1 – Urban Growth Zone zoned land (LISTmap) General Residential The Property adjoins General Residential land to the west and south.
Image 4: General Residential zoned land (LISTmap) Utilities Zone The Channel Highway next to the northern Property boundary and land at 7321 Channel Highway (Cygnet Treatment Plant) are zoned Utilities.
Image 5: Utilities Zone zoned land (LISTmap) Environmental Management Rural Resource The Property adjoins Environmental The adjoining property 7319 Channel Management zoned land to the east. Highway is zoned Rural Resource.
Image 6: Environmental Management Image 7: Rural Resource zoned land zoned land (LISTmap) (LISTmap) C2. DRAFT PLANNING PERMIT CONDITIONS - SUB-36/2017
1. The development must be substantially in accordance with SUB-36/2017, as shown on the following documents and plans:
Plans including Plan of Subdivision Content page: V704UH (dated 10-8-2020) Plans: V704UH: 0; 1, 2, 3, 4, 5, 6, and 9 (8 pages; dated 10-8-2020) Plans: V704UH: Plans: 10 – 11 (31-7-2020) Plans: V704UH: Plans: 50D; 51D; 52D (26-9-2019) Cygnet WWTP Odour Buffer Review (2017) prepared by Pitt and Sherry; Environmental Impacts & Attenuation Report (2020) prepared by SEAM Environmental; Bushfire Hazard Report (April 2020) and Bushfire Management Hazard Plan (2 April 2020) prepared by Mr Van den Berg (GES Environmental Solutions) (‘Bushfire Report and Plan’); Stormwater Planning Report (2020) prepared by PDA Surveyors; Traffic Impact Assessment (2019) prepared by Midson Traffic; Land Capability Assessment (2017) prepared by GES Environmental Solutions;
Whoever acts on this permit (hereinafter referred to as the 'landowner') must comply with the all conditions of the Permit. Any amendment, variation or extension of this Permit requires further planning consent of Council. Any amendment, variation, or extension of this permit requires further approval.
2. The subdivision must only proceed in accordance with the 12 stages referred to Plan V704UH-4 d10 August 2020 prepared by PDA Surveyors ("Subdivision Plan") unless otherwise approved by Council.
3. Lots described as "public open space", "public access way", "road", "to be acquired by the Highway Authority" or other way or land designated to become public land on the Final Plan must be transferred to Council for a nominal sum of $1.00 and must be accompanied by a Memorandum of Transfer to the Huon Valley Council, all documentation in relation to discharges of any Mortgages, withdrawal of caveats, and all other relevant registrable dealings. This Transfer must be executed by the vendor, identifying the lot(s) to be transferred and the landowner is responsible for all Lands Titles Office fees and charges and duty in relation to the document.
Lot 56
The landowner is to ensure that Lot 56 (or other lot adjacent to this lot) is marked as ‘road’ on a Final Plan of Survey to be lodged with Council for sealing prior to the final stage of subdivision. This road lot is to be constructed as a road to municipal standards and transferred to Council for $1.00 in accordance with this condition prior to the final stage of subdivision to provide connection between the Balance Lot and the approved subdivision. Lot 106
The landowner is to ensure that Lot 106 (footway lot) is marked as ‘footway’ on a Final Plan of Survey, constructed as a footway lot in accordance with standard requirements and these conditions, and transferred to Council in accordance with this condition for $1.00 prior to the final stage of subdivision.
Lots 101,102 and 103
The landowner is to ensure that Lots 101,102 and 103 are marked as ‘road’ on a Final Plan of Survey to be lodged with Council for sealing prior to the final stage of subdivision. The road lots are to be constructed to municipal standards in accordance with these conditions and transferred to the Crown in accordance with this condition prior to the final stage of subdivision.
4. A footpath is to be constructed on the southern side of the Channel Highway in accordance with Annexure 10 and other approved documentation in accordance with standard construction requirements to connect the junction of the subdivision with the existing footpath.
5. In accordance with the approved application documentation, the landowner is to submit a Landscaping Plan for Lot 104 for approval with details of suitable trees and plants for growing on the lot, proposed timeframe of commencement of the landscaping and landscape management procedures. The plan is to be submitted prior to the sealing of Stage 1 of the subdivision. The surface of the public footway or path on this lot is to be sealed in accordance with Council’s requirements.
6. All works for the installation of infrastructure on the Esplanade that are carried out at the outfall area must be undertaken in accordance with the 'Wetlands and Waterways Works Manual' (DPIPWE, 2003) and “Tasmanian Coastal Works Manual” (DPIPWE, Page and Thorp, 2010).
7. The landowner must ensure development of the land is carried out in accordance with all requirements and recommendations of the Bushfire Report and Plan (and any approved revision of that plan). The Bushfire Report and Plan must be fully implemented by the landowner for each stage and must thereafter be maintained by the landowner.
Prior to the sealing of the Final Plan of each respective stage all requirements of paragraph 5.2, 5.3, Table 1, 2 and 3 including completion and registration of Part Agreements under the Land Use Planning and Approvals Act 1993 (‘Act’) as required by the Bushfire Report and Plan, must be completed to the satisfaction of the Council. An approved stage of a subdivision will not be sealed unless the Council is satisfied these requirements have been implemented as required by the Bushfire Report and Plan, and in accordance with all statutory requirements including requirements of a Director’s Determination under the Building Act 2016, where applicable.
8. The conditions set out in the TasWater Submission to Planning Authority Notice dated 20 December 2019 (TWDA 2017/01865-HVC) apply to this permit (as attached).
9. Easements must be created over all drains, pipelines, wayleaves and services in accordance with the requirements of the Director Infrastructure Services. The cost of locating the pipes and creating the easements must be at the landowner’s full cost. 10. The Final Plan of Survey and Schedule of Easements together with any Part 5 Agreement, Transfer or other related document must be submitted to Council together with two copies of each which are to include provision for building envelopes and for residential dwelling density in accordance with the approved plans. At the time of lodging the Final Plan of Survey, the landowner must ensure that all conditions of approval have been completed and provide a written statement to this effect.
11. Reinforced concrete pathways must be constructed centrally within the footway reservations and Public open spaces at locations shown on the submitted subdivision proposal plans in accordance with TDS-R11 and TSD-E01;
12. Reinforced concrete footpaths must be constructed at locations shown on the submitted subdivision proposal plans in accordance with TDS-R06, TSD-R0 , TSD- R11, TSD-R18, and TSD-E01;
13. Survey pegs must be stamped with lot numbers prior to the sealing of each stage of the subdivision.
14. Council will provide unique road numbers for all the proposed roads within the development. These numbers must then be referenced on the design and “As- Constructed” drawings. The proposal will also be assessed as to the suitability of street numbering for each road segment. The applicant must submit to Council within one month of the permit being issued a list of preferred names for new roads or alternately select name from Council’s preferred road name listing. Council will endorse, or otherwise, the proposed road names.
Should the applicant not submit or select road names Council will allocate a name from the preferred road name listing.
All new road signs related to this development must be provided and installed by Council at the applicant’s cost. The actual costs must be paid prior to the sealing of the Final Plan of Survey and shall be based on the rates adopted by Council at the time of payment.
15. The applicant must not commence civil construction works within a road reservation until the following requirements are met:
(a) A ‘Permit to carry out works within a Council road reservation’ has been issued by Council and the associated application fee paid;
(b) A traffic and pedestrian management plan has been lodged with Council in accordance with Department of State Growth ‘Traffic Control at Work Sites’ code of practice; and
(c) Written approval from the Department of State Growth for any works within a State Road reservation has been issued.
16. Road reservation must be provided with lot boundaries splayed where necessary, and shown as "Road" on the Final Survey Plan. The applicant must arrange for the necessary transfer of the road reservations to Council at the time of lodgement of the Final Plan of Survey for sealing.
Road reservation widths must in accordance with TDS-R06, TSD-R07 and TSD-R08; 17. The road layout and design must be adequate to provide for the proper operation and manoeuvrability of Council’s contract garbage collection vehicles and operations.
18. Road pavements must be designed in accordance with IPWEA Tasmanian subdivision guidelines and TDS-R06 to the satisfaction and approval of the Director Infrastructure Services in accordance with the following requirements:
(a) General road gradient must be > 0.5% and ≤ 16%;
(b) Pavements must be designed to suit the ultimate traffic loads determined after completion of geotechnical reports of the sub grade. Minimum soil testing required for the design of the pavement must comprise a representative on-site soaked CBR test for every 50m of road pavement (or part thereof) or where there is change of sub grade;
(c) The pavement design calculations including the geotechnical report must accompany the plans submitted for approval;
(d) The sub grade must be inspected and approved prior to commencement of construction of the pavement in accordance with construction guidelines. Any sub grade improvements shall be subject to additional inspections and approvals;
(e) Surface (wearing course) must be a minimum 40mm thickness approved compacted hot mixed asphalt in accordance with TDS-R06 and TSD-E01;
(f) Concrete kerb and channel must be provided to both sides of any new road pavement with a minimum gradient of 1.0%. and must in accordance with TDS-R06, TSD-R14 and TSD-R16;
(g) Road subsoil drainage must be installed in accordance with TDS-R06 and TSD-R12;
(h) Road pavements shall be designed to convey the 1 in 100 year ARI storm event overland flow; and
(i) Road drainage systems must be integrated with the subdivision piped stormwater reticulation system and filtered/detained point discharges.
19. Road junctions and accesses must be designed in accordance with the provisions of the Huon Valley Interim Planning Scheme 2015 and the requirements for the guidelines of the Department of State Growth for traffic impact and site distance assessments. The applicant must submit to the Department of State Growth and the Director Infrastructure Services a traffic management plan for approval, incorporating the following;
(a) Road signage;
(b) Pavement markings;
(c) Pedestrian crossings; and
(d) Any other requirements that the Department of State Growth or the Director Infrastructure Services may require. The provision and installation of all such infrastructure must be at the applicant’s expense
20. Minimum sealed road widths must 7.5m lip of gutter to lip of gutter unless otherwise approved by the Director Infrastructure Services.
21. All sewer, water and stormwater extensions or relocations including Tas Networks and telecommunication authorities supply infrastructure including fibre ready facilities (pit and pipe that can hold optical fibre line) that are externally required to serve the development must be constructed to the approval of the Director Infrastructure Services at the applicant’s cost.
22. Site filling that exceeds a depth of 300mm must be placed in accordance with AS3798 Guidelines for commercial and residential developments 1996. Upon completion of the works, the supervising engineer must confirm in writing that the works have been carried out in accordance with AS 3798. The location of fill areas must be shown on the “as constructed drawings” and Final Plan of Survey.
23. A piped reticulated stormwater system minimum 375mm diameter, a Gross Pollution Trap and associated treatment devices, overland flood ways and point discharges to the natural water course must be provided in accordance with the following:
(a) Sized to contain a minimum of a 1 in 20 year ARI storm event from the contributing “developed” upstream catchment.
(b) 150mm diameter individual lot drainage connections to service the lowest point of each lot connected to a piped stormwater main or sub main system as required.
(c) Overland flow paths for the 1 in 100 ARI storm event. Paths must be located within road reservations and pavements, footways or public open spaces.
24. Underground power must be provided to each lot and street lighting in accordance with the requirements of Tas Networks at the applicant’s cost and as follows:
(a) Cabling and street lighting design including annual operating costs must be submitted to Council for approval prior to engineering plan approval.
(b) Generally standard Aurora Energy standard poles together with Huon Valley Council required LED lamps and lenses must be provided.
(c) The applicant must provide Council with the following pole, lamp and lens assemblies at no cost to Council:
(i) 0-4 streetlights - one (1) complete assembly.
(ii) 5-12 streetlights - two (2) complete assemblies.
(iii) More than 12 streetlights – three (3) complete assemblies.
25. Prior to the commencement of Stage 1 site works a Soil and Water Management Plan (SWMP) must be prepared by a suitably qualified engineer for the approved staged subdivision construction works to the satisfaction and approval of the Director Infrastructure Services and in accordance with the following:
(a) NRM South – Soil and Water Management of Construction Sites Guidelines. (b) Prior to commencement of each stage of the subdivision the approved SWMP must be implemented and satisfactorily inspected by the Council’s Development Engineer.
(c) Suitable approved topsoil must be stockpiled on the site for future reinstatement of disturbed areas for each construction stage.
(d) All cleared vegetation must be removed from the site. Disposal by burying or burning is not permitted.
(e) Prior to practical completion of each approved construction stage all disturbed surfaces on the land authorised by this permit, except for those areas set aside for roadways and footpaths, must be dressed to a minimum depth of 50mm with:
(f) Approved local stockpiled topsoil;
(g) Approved weed free imported topsoil; and
(h) Revegetated with local plants, grasses and stabilised.
26. At practical completion and the satisfactory completion of all mandatory audit inspections for each approved stage of the subdivision works the supervising engineer must:
(a) Request a joint on site practical completion inspection with the Council’s authorised representative;
(b) Provide written confirmation that the works have been substantially completed in accordance with the Council approved plans and specifications and that the appropriate levels of quality and workmanship have been achieved;
(c) Provide a copy of relevant documentation that all requirements have been carried out as applicable by the following:
i. Department State Growth
ii. Department Primary Industries and Water
iii. Telecommunication authorities
iv. Tas Networks
v. Tas Water
vi. Component Manufacturers - GPT
(d) Supervising engineer’s certification that site filling exceeding 300mm has been placed in accordance with AS3798 (guidelines on earthworks for commercial and residential developments). Fill areas must be shown on the ‘As Constructed’ drawings;
(e) Provide a signed checklist for ‘As Constructed’ drawings;
(f) Submit A1 size ‘As Constructed’ drawings in accordance with Council’s Survey Brief, at a scale of 1:200 or 1:500 as appropriate, unless approved otherwise, certified as correct by a registered land surveyor in accordance with Council’s Survey requirements for subdivisions, developments and capital works projects;
(g) Submit A1 size ‘As Constructed’ drawings of all traffic management signage, pavement markings and associated infrastructure as approved by the Department of State Growth;
(h) Provide digital files clearly labelled and must be provided in AutoCAD DXF/DWG format;
(i) Provide CCTV inspection and associated report of any new public stormwater infrastructure to be taken over by Council;
(j) The supervising engineer must provide operating and maintenance manuals and appropriate training sessions for the Gross Pollution Trap.
(k) Council will issue a Certificate of Practical Completion including a minor defects list, upon the successful completion of:
(i) All mandatory audit inspections
(ii) Provision of acceptable documentation
(iii) Practical completion inspection
(iv) Provision of Bond and Bank guarantees.
27. The supervising engineer or landowner must lodge a maintenance bond and Bank guarantee of 10% of the total contract sum including GST to cover the satisfactory rectification of minor defects and defective works during the statutory 52 weeks maintenance period prior to the issue of Certificate of Practical Completion for each approved stage of the subdivision.
The landowner is to complete a security agreement for management of construction works during the maintenance period of each stage with Council prior to the sealing of a Final Plan of Survey for a stage of the subdivision
28. All works associated with each approved stage of the subdivision must be completed to the satisfaction of the Director Infrastructure Services prior to the sealing of the Final Plan of Survey by Council for the respective stage. Quality assured contractors may lodge a notice of intent to Council requesting assessment and approval that security be accepted to cover the completion of any outstanding works to enable the sealing of the Final Plan of Survey. The assessment will be in accordance with Council’s policy at the time and shall include but not be limited to the following and subject to an onsite inspection and report by Council’s officers and confirmation in writing:
(a) All road pavement, kerbs, channels and accesses must be substantially constructed;
(b) All sewer, stormwater, water mains and associated house connections must be constructed and capable of satisfactory operation;
(c) Written confirmation that all requirements of the Department of State Growth, Aurora and Telecommunication agencies and other services authorities have been satisfactorily completed; and (d) The provision of acceptable “As Constructed” drawings.
29. The satisfactory completion of all public infrastructure for each stage of the subdivision works shall be considered achieved when:
(a) A Certificate of Practical Completion has been issued;
(b) Minor defects and any defective works have been satisfactorily rectified at the completion of the 52 week maintenance period;
(c) Council shall be entitled to call upon the bond and bank guarantee funds to complete or rectify any outstanding defective works after the expiry of the maintenance period;
(d) At the end of the statutory 52 week maintenance period, the supervising Engineer must request a joint onsite inspection with the Council’s authorised representative to confirm that all outstanding practical completion minor defects and defective works have been satisfactorily completed;
(e) Upon satisfactory completion of all outstanding practical completion, minor defects and defective works Council will issue a notice of satisfactory ‘Final Inspection’ and all of the infrastructure works shall be taken over by Council;
After takeover of the works, it shall be the responsibility of the supervising engineer or applicant to request Council to release all Bond and Bank Guarantee monies
30. The design and construction works for the staged subdivision must be carried out generally in accordance with the submitted application plans and associated hydraulic and traffic impact assessment reports to the satisfaction and approval of the Director Infrastructure Services and in compliance with the following:
(a) IPWEA Tasmanian standard construction drawings and specifications;
(b) IPWEA Tasmanian subdivision guidelines
(c) Austroads standards;
(d) Australian rainfall and run off guide lines;
(e) The engineering design plans must include but not limited to the following:
i. Implementation of the following recommendations of the Traffic Impact Assessment undertaken by Keith Midson Traffic Engineer by the applicant at the landowner’s cost:
ii. Construction of the internal road network in accordance with the approved subdivision staging plan including, junctions, concrete footpaths, footways, flood ways, reticulated stormwater system, the Gross Pollution trap and associated filtered stormwater devices.
(f) the driveway and road design must detail the following:
i. long and cross sections of the driveway/access road;
ii. cut and fill batters and any stabilisation works required;
iii. contours, finish levels and gradients of the driveway/access road; iv. drainage and scour protection;
v. pavement construction; and
vi. sight distance at road junctions and accesses demonstrating compliance with the minimum requirements of the planning scheme;
(g) the stormwater design must detail the following:
i. water sensitive urban design principles must be incorporated to achieve the acceptable stormwater quality and quantity targets required in Table E7.1 of the Huon Valley Interim Planning Scheme 2015. Supporting documentation with associated hydraulic calculations and MUSIC modelling must be submitted;
ii. long section details must be provided for the proposed stormwater infrastructure and supporting documentation and associated hydraulic calculations must be submitted;
iii. drainage easements must be provided within the subject property boundaries and the stormwater main must be located centrally within the easement;
(h) All vegetation to be retained and removed for the subdivision works;
(i) All other work required by this permit
(j) The engineering plan approval will be valid for a maximum period of two years from the date of Council endorsement, and if practical completion has not been achieved within the time limit, the engineering plans will be subject to re- assessment;
The engineering plans and specifications must be prepared and certified by an accredited professional engineer to the satisfaction and approval of the Director Infrastructure Services
A fee equal to 2% of the contract fee of the civil construction works or where no contract is let, an estimate of this fee prepared by a registered consulting engineer is payable to the Council prior to commencement of the works. If required by the Council the landowner is to provide the schedule of costed civil construction works or other documentation setting out the contracted amount.
31. Any deficiencies identified and any upgrading of Council infrastructure is to be undertaken at the landowner’s expense.
32. All existing sewer, water, stormwater plumbing infrastructure including Tas Networks and telecommunication authorities supply infrastructure traversing newly created lots, must be removed and/or replaced as necessary so that they are contained wholly within the boundaries of the specific lot which they service with all associated costs borne by the applicant. The requirements of the relevant service authorities must be strictly complied with by the applicant.
33. Vehicular accesses must be constructed in standard grey concrete with a broomed non slip finish to all lots from the back of the kerb crossing layback to the lot boundaries and be in accordance with TSD-R09 and TSD-E01.
34. Reinforced concrete pedestrian kerb ramps must be constructed at locations shown on the approved engineering plans in accordance with TDS-R18 and following: Australian standard AS1428-1 design for access and mobility;
Australian standard AS1428-4 Tactile Indicators.
35. In accordance with Council’s Community Infrastructure Policy payment of a community infrastructure contribution is required for stormwater works. The community infrastructure contribution amount is one thousand four hundred and fifty dollars ($1,450) per additional lot created and must be paid to the Council prior to sealing of the Final Plan of Survey.
36. In accordance with the provisions of Section 117 of the Local Government (Building and Miscellaneous Provisions) Act 1993, payment of a cash contribution for Public Open Space for the relevant lots in each stage of the subdivision must be provided to the Council prior to the sealing the Final Plan of Survey for each stage of the subdivision.
The cash contribution amount is to be equal to 5% of the unimproved land value of the area in the whole plan of subdivision at the date of subdivision approval.
The value is to be determined by a Land Valuer within the meaning of the Land Valuers Act 2001 at the landowner’s expense.
The Council may accept a transfer of Lot 104 as Public Open Space for part of the financial payment of the Public Open Space amount subject to the landowner arranging for a transfer of registration of that land to Council in accordance with permit Condition 3.
37. The cost of any repair work or any alterations to and/or reinstatement of existing services including roads and footpaths or private property incurred (“remedial works”) required as a result of the development is to be at the expense of the landowner.
Remedial works are to be undertaken by the appropriate authority concerned or alternatively undertaken with the written consent of the appropriate authority.
38. At the end point of all staged roadworks, the landowner is to install a temporary turning circle in accordance with the requirements of Director Infrastructure Services. These works are to be completed prior to sealing the final plan of survey and the turning circle is to be shown on the engineering plans submitted for Council’s approval.
39. To prevent unauthorised vehicular access to public recreation areas, all access points to reserves, parklands and open spaces must be obstructed by 100mm minimum diameter posts set 1.2m apart. Two bollard posts must be removable but capable of being locked in position. The landowner is to ensure that the design and installation of these posts and bollards are approved by the Director Infrastructure Services.
CYGNET RESIDENTIAL DEMAND AND SUPPLY ANALYSIS
FINAL Prepared for 12/08/2020 Huon Valley Council
© SGS Economics and Planning Pty Ltd 2020 This report has been prepared for Huon Valley Council. SGS Economics and Planning has taken all due care in the preparation of this report. However, SGS and its associated consultants are not liable to any person or entity for any damage or loss that has occurred, or may occur, in relation to that person or entity taking or not taking action in respect of any representation, statement, opinion or advice referred to herein. SGS Economics and Planning Pty Ltd ACN 007 437 729 www.sgsep.com.au Offices in Canberra, Hobart, Melbourne, Sydney
TABLE OF CONTENTS
EXECUTIVE SUMMARY 3
1. INTRODUCTION 4
2. HOUSING DEMAND 5
2.1 Introduction and purpose 5 2.2 Approach 5 2.3 Population growth 6 2.4 Housing demand scenarios 11 2.5 Housing demand model results 12
3. HOUSING DEVELOPMENT CAPACITY 15
3.1 Introduction and purpose 15 3.2 Housing capacity 15 3.3 Conclusions 20
4. COMMENTARY 21
5. FINDINGS AND RECOMMENDATION 23
LIST OF FIGURES
FIGURE 1: SGS HOUSING DEMAND MODEL METHOD 5 FIGURE 2: ESTIMATED RESIDENT POPULATION IN CYGNET SA2 7 FIGURE 3: CYGNET URBAN GROWTH BOUNDARY 8 FIGURE 4: DEVEREAUX COURT (TOP LEFT) AND DORGAN COURT (BOTTOM RIGHT) IN 2012 10 FIGURE 5: DEVEREAUX COURT (TOP LEFT) AND DORGAN COURT (BOTTOM RIGHT) IN 2019 11 FIGURE 6: POPULATION PROJECTION AND GROWTH RATE BY AGE (HIGH GROWTH), CYGNET SA2 12 FIGURE 7: POPULATION PROJECTION AND GROWTH RATE BY AGE (MODERATE GROWTH), CYGNET SA2 12 FIGURE 8: HOUSEHOLDS BY COMPOSITION (HIGH GROWTH), CYGNET SA2 14 FIGURE 9: HOUSEHOLDS BY COMPOSITION (MODERATE GROWTH), CYGNET SA2 14
Cygnet Residential Demand and supply Analysis 1
LIST OF TABLES
TABLE 1: POPULATION GROWTH COMPARISON OF DIFFERENT SERIES, CYGNET 6 TABLE 2: ASSUMPTIONS FOR POPULATION GROWTH SERIES 6 TABLE 3: COMPARISON OF CYGNET POPULATION GROWTH TO POPULATION PROJECTIONS 7 TABLE 4: RESIDENTIAL LAND, CYGNET 8 TABLE 5: APPLICATIONS OF APPROVED SUBDIVISIONS TO FINAL PLAN STAGE, CYGNET UCL AND UGB 9 TABLE 6: APPROVED SUBDIVISIONS, CYGNET 10 TABLE 7: DWELLING DEMAND FORECAST 2020 TO 2036 (HIGH GROWTH), CYGNET SA2 13 TABLE 8: DWELLING DEMAND FORECAST 2020 TO 2036 (MODERATE GROWTH), CYGNET SA2 13 TABLE 9: HOUSING CAPACITY IN CYGNET URBAN GROWTH BOUNDARY 16 TABLE 10: DWELLING CAPACITY IN 5-YEAR INTERVALS, URBAN GROWTH BOUNDARY 17 TABLE 11: HOUSING CAPACITY IN CYGNET URBAN CENTRE LOCALITY 17 TABLE 12: DWELLING CAPACITY IN 5-YEAR INTERVALS, URBAN CENTRE LOCALITY 18 TABLE 13: DETACHED DWELLING DEMAND IN 5-YEAR INTERVALS COMPARED TO DWELLING CAPACITY, URBAN GROWTH BOUNDARY 18 TABLE 14: PROPORTION OF DETACHED DWELLING DEMAND IN CYGNET SA2 IN 5-YEAR INTERVALS COVERED BY DWELLING CAPACITY, URBAN GROWTH BOUNDARY 19 TABLE 15: DETACHED DWELLING DEMAND IN 5-YEAR INTERVALS COMPARED TO DWELLING CAPACITY, URBAN CENTRE LOCALITY 19 TABLE 16: PROPORTION OF DETACHED DWELLING DEMAND IN CYGNET SA2 IN 5-YEAR INTERVALS COVERED BY DWELLING CAPACITY, URBAN CENTRE LOCALITY 19 TABLE 17 NUMBER OF PRIVATE DWELLINGS, CYGNET 22
Cygnet Residential Demand and supply Analysis 2
EXECUTIVE SUMMARY
SGS Economics and Planning was engaged to undertake a residential land demand and supply study for the town of Cygnet within the Huon Valley Council. The town of Cygnet has been experiencing high demand for housing over recent years due to the popularity of the town for families and smaller households (including retirement). SGS Economics and Planning, in this report, analysed the demand for housing in Cygnet and the existing supply of residential land. This analysis was performed to understand the adequacy of existing vacant residential land in Cygnet within the Urban Centre and Locality (UCL) and the Urban Growth Boundary (UGB). A range of factors are considered including government policy, affordability and household composition to draw conclusions on the suitability of expedited land release in Cygnet. The report contains four chapters: 1. Documentation and results of housing demand modelling for Cygnet 2. Estimation of capacity for new housing in Cygnet (UCL and UGB) and gap analysis to determine the adequacy of current supply of residential land 3. Commentary on planning principles and land demand allowances 4. Findings and conclusion.
Demand for housing in Cygnet is strong. To 2036 it is estimated that there will be demand for another 524 dwellings in the Cygnet area from 2020. If it was assumed that about eighty per cent of demand would be accommodated on residential land (as opposed to lower density lifestyle area outside of the UGB), demand would be 419 dwellings. The capacity analysis indicates that currently there is the capacity to provide another 92 to 165 new dwellings in the Cygnet urban growth boundary to 2036, and 91 to 163 new dwellings in the Cygnet urban centre locality depending on dwelling density and realisation rates. If HVC land in the George Street redevelopment area is developed, the high capacity scenario increases to 209 and 207 dwellings for the UGB and UCL respectively. The capacity analysis is based on an assessment by the planning department of Council on the number of lots that could be created on vacant lots; and on two realisation rates reflecting the extent to which these lots may actually be used to enable further development1. As it currently stands, there is an acute shortage to meet all demand. There is not sufficient land to meet demand for the next ten to fifteen years. As a rule of thumb, there should be approximately fifteen years of vacant supply in order to not adversely affect housing affordability and prevent land banking and/or speculative behaviour. Indeed, evidence shows that affordability is already decreasing and some household types (for instance on minimum wages) may already struggle to meet housing costs. The insufficient supply means that potential residents cannot move to or remain in Cygnet due to insufficient choice and affordability pressures.
1 Keeping in mind that many households may choose a large garden over a subdivision, or may want to reserve the option to subdivide to a later stage in life.
Cygnet Residential Demand and supply Analysis 3
1. INTRODUCTION
SGS Economics and Planning was engaged to undertake a residential land demand and supply study for the town of Cygnet within the Huon Valley Council. The town of Cygnet has been experiencing high demand for housing over recent years due to the popularity of the town for families and smaller households (including retirement). SGS Economics and Planning, in this report, analysed the demand for housing in Cygnet and the existing supply of residential land. This analysis was performed to understand the adequacy of existing vacant residential land in Cygnet within the Urban Centre and Locality (UCL) and the Urban Growth Boundary (UGB). A range of factors are considered including government policy, affordability and household composition to draw conclusions on the suitability of expedited land release in Cygnet. The report contains four chapters: 1. Documentation and results of housing demand modelling for Cygnet 2. Estimation of capacity for new housing in Cygnet (UCL and UGB) and gap analysis to determine the adequacy of current supply of residential land 3. Commentary on planning principles and land demand allowances 4. Findings and conclusion.
Housing demand SGS has created an Excel-based housing demand model for Cygnet. The model includes the following aspects:
▪ Population forecasts by age ▪ Household formation preference ▪ Housing type preferences Results include housing demand by type including separate, semi-detached and apartment types.
Housing capacity SGS has reviewed vacant residential land supply and historic uptake data collected by HVC. For each parcel of land identified as vacant and suitable for housing, SGS used HVC’s categorisation based on its likely timeframe to be development ready and available to the market. Forecast demand is then compared to housing capacity by timeframe to understand housing market alignment and identify potential gaps/oversupply over time.
Commentary SGS provides commentary on the adequacy and currency of planning guidances in light of overarching planning objectives of urban consolidation, prevention of urban sprawl and prevention of fragmentation of agricultural land. Further, SGS has used data from our award- winning Rental Affordability Index to comment on housing affordability.
Findings and recommendation Conclusions and recommendations are drawn concerning the need for future planning around supply of land in Cygnet.
Cygnet Residential Demand and supply Analysis 4
2. HOUSING DEMAND
2.1 Introduction and purpose An assessment of population and demographic trends has been undertaken to develop an understanding of the underlying forces which are driving growth and demand for dwellings in the Huon Valley LGA and Cygnet. Beyond population and dwelling forecasts, this section also considers typology and housing choice. The purpose of the analysis is to forecast housing demand in Cygnet to the year 2036. Two scenarios are provided to illustrate the housing demand under high growth and moderate growth trends. Assumptions for the scenarios are drawn from analysis of historic housing growth in Cygnet and Huon Valley LGA.
2.2 Approach The analysis in this section draws upon a range of datasets, mostly from ABS, including population growth, age, family, and household type. These core demographic components combine to help understand the drivers for housing demand in Cygnet presently and into the future. SGS has applied its in-house and tested Housing Demand Model to forecast total demand and demand by dwelling type. The datasets are key inputs into the modelling process to help determine the change in the number of households requiring housing in Cygnet. An illustration of the model below shows the outputs as being housing demand by ‘separate house’, ‘semi-detached’ (referring to attached dwellings, terraces and townhouses) and ‘flat/apartment’.
FIGURE 1: SGS HOUSING DEMAND MODEL METHOD
Source: SGS Economics and Planning
Cygnet Residential Demand and supply Analysis 5
Demand for different dwelling type shifts throughout an individual’s lifespan, due to income levels, the structure of the household they live in and preferences. To that end, changing demographics and the changing relationship between household types and dwelling types described will impact upon future housing choices. In regional areas, like the Huon Valley, housing type preferences are strongly skewed towards separate houses, but the ageing of the population will likely drive a slight increase in demand for units (referred to as flats/apartments). The model’s base scenario is run off historically observed household and dwelling compositions in the LGA – generating a ‘business as usual’ forecast of the future if there are no major shifts in population/demographic trends or supply/capacity constraints. The model is run at the LGA level as this is the level that population forecasts by age group from the Tasmanian Government are available. Using the outputs for the Huon Valley LGA, the housing demand for Cygnet was calculated with: trends adjusted to reflect the on-the- ground experience under the high scenario; and trends held constant to reflect a milder housing growth rate under the moderate scenario.
2.3 Population growth The Tasmanian Department of Treasury and Finance has prepared population projections for Tasmania's Local Government Areas for 25 years (2017 to 2042)2. Table 1 below shows population forecasts for the Cygnet SA2 based on the population at the 2016 census and the population growth rates for the Huon Valley LGA from the Treasury projections. The Tasmanian Government’s projections have three series, based on different assumptions - high, medium, and low. The medium and high series are shown here (Table 1).
TABLE 1: POPULATION GROWTH COMPARISON OF DIFFERENT SERIES, CYGNET
Series 2016 2021 2026 2031 2036 High 4,266 4,561 4,843 5,111 5,347 Medium 4,266 4,522 4,728 4,903 5,040 Source: Tasmanian Government 2019
Table 2 shows the assumptions the Tasmanian Treasury used to estimate the population forecasts by scenario.
TABLE 2: ASSUMPTIONS FOR POPULATION GROWTH SERIES Mortality (life Average annual Fertility (total Net Interstate Net Overseas Series expectancy at growth rate fertility rate) Migration Migration birth) (AAGR) Increasing from To reach 86.0 Net gain of 1,200 Net gain of 2,100 0.74% to 2036 1.96 babies per years for males persons per year persons per year woman in 2017, and 88.5 years to Tasmania to Tasmania 0.62% per annum High to 2.10 babies for females by (+0.3% to (+0.4% to to 2067 per woman by 2067. population in population in 2028 2017) 2017) Constant rate of To reach 82.4 Zero net Net gain of 1,800 0.38% to 2036 1.96 babies per years for males interstate persons per year woman. and 85.2 years migration. to Tasmania. 0.20% per annum Medium for females by (+0.34% to the to 2067 2067. population in 2017) Source: Tasmanian Government 2019
2 https://www.treasury.tas.gov.au/economy/economic-data/2019-population-projections-for-tasmania-and-its-local- government-areas
Cygnet Residential Demand and supply Analysis 6
Table 3 below compares the recent experience in Cygnet to these scenarios. It shows that growth in Cygnet has been trending above the high growth scenario from the Treasury forecasts for the Huon Valley municipality.
TABLE 3: COMPARISON OF CYGNET POPULATION GROWTH TO POPULATION PROJECTIONS Mortality (life Average annual Fertility (total Net Interstate Net Overseas Series expectancy at growth rate fertility rate) Migration Migration birth) (AAGR) A natural Not available Net internal Net overseas 2.9% per annum increase in the migration of migration of +50 from 2017 to population of 49 +291 over three over three years 2019. This is well Actual in (124 births and years (+2% per (+0.4% per above the high Cygnet 75 deaths) annum). This is annum). This is series for 2017 to indicating a well above the equivalent to the Tasmania 2019 replacement high series rate high series for rate above 2.0 but does include Tasmania. (high scenario) intrastate movements Source: SGS Economics and Planning 2020 using ABS (2020) estimated residential population by components, SA2 level.
This can partially be explained by a key shortcoming of the Treasury projections: the projections do not take into account internal migration patterns within Tasmania. As stated in the Huon Valley Economic Development Strategy 2015-2020, the Huon Valley is influenced significantly by its relative proximity to Tasmania’s capital city Hobart and the neighbouring municipal area, Kingborough. The proximity to these two denser populated areas, coupled with lower average house prices, means that to first homeowners and other low-medium income earners, Cygnet offers considerable appeal. Strong population growth has been evident in Cygnet over the past decade (Figure 2). Between 2010 and 2019 the average annual growth rate was 1.7 per cent per annum. This has increased to 2.4 per cent over the past five years, and 2.9 per cent in the past three. As a result, the figure below also reveals that the population forecast for Cygnet in 2021, using the Treasury growth rates for the Huon Valley (Table 1), has already been met by 2019, even under the high scenario.
FIGURE 2: ESTIMATED RESIDENT POPULATION IN CYGNET SA2
4,800
4,600
4,400
4,200
4,000
3,800
3,600 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Source: ABS (2020) estimated residential population by components
Cygnet Residential Demand and supply Analysis 7
Take-up of vacant residential land The take-up of vacant residential land is another indicator of housing demand. The Southern Tasmanian Regional Land Use Strategy (STRLUS) assumed a moderate growth trajectory for Cygnet which corresponds to an annual average growth rate of 0.9 per cent per annum for Cygnet. Table 4 shows the rateable properties for vacant residential land and non-vacant residential land within the Urban Centre Locality (UCL) area of Cygnet and also within the Urban Growth Zone for the years 2011, 2013, 2016 and 2019. The UCL is an ABS geography to capture data for individual towns. The UCL for Cygnet is slightly larger than the Urban Growth Centre boundary. The Urban Growth boundary for Cygnet (Figure 3) is referred to on the Cygnet Strategy map of the Huon Valley Land Use and Development Strategy and has been used by Council for planning purposes, in particular, prior to the commencement of the current planning scheme.
FIGURE 3: CYGNET URBAN GROWTH BOUNDARY
Source: GHD
The data shows that the number of non-vacant residential properties has increased by 83 since 2011 in the UCL, a compounded growth rate of 2.7 per cent per annum. The total growth rate for Cygnet is 2.4 per cent per annum.
TABLE 4: RESIDENTIAL LAND, CYGNET
Source: Huon Valley Council, received August 2020
Table 5 shows the applications for subdivisions lodged between 2007 and 2020, for subdivisions within the Cygnet Urban Centre and Locality (UCL); and Cygnet Urban Growth Boundary (UGB) areas that were completed such that Final Plans for these subdivisions were
Cygnet Residential Demand and supply Analysis 8
able to be sealed to enable lots to be created (or for relevant stages of a subdivision). The period before 2011 saw applications for larger scale subdivisions ranging between 20 and 30 lots, which were mainly driven by the new estates located along Silver Hill Road (Devereaux Court and Dorgan Court) and Mary Street (Lourdes Rise). An application of 29 lots was lodged in 2011 on 27 Silver Hill Road, which is outside the boundary of the Cygnet UGB but within the Cygnet UCL. The period post 2011 saw a decrease in the size of subdivision applications. Applications during this period were characterised by infill development with subdivisions ranging between 1 to 3 lots.
TABLE 5: APPLICATIONS OF APPROVED SUBDIVISIONS TO FINAL PLAN STAGE, CYGNET UCL AND UGB
Application Subdivision Address Additional Final Plan sealed - Approval Final Plan year lots from 2011 sealed approved subdivision 2007 SUB-4/2007 24 Silver Hill Road 19 Final Plan sealed - 2011 FP sealed (Devereaux Crt) 2011 2008 SUB- Mary Street - Lourdes 25 Final Plan sealed - 2011 FP sealed 11/2008/A Rise 2011 2012 SUB- 24 Dances Road 1 2013 FP sealed 81/2012 - 2013 2012 SUB- 11 Emma Street 1 2013 FP 43/2012 sealed- 2018 2012 SUB- 5 Smith Street 1 2013 FP sealed 47/2012 -2018 2011 SUB-7/2011 27 Silver Hill Road 9 Final Plan sealed 2015 FP sealed (Dorgan Crt) for stage 1 (9 lots) - 2015 2011 SUB-7/2011 27 Silver Hill Road 20 Final Plan sealed 2016 FP sealed (Dorgan Crt) for stage 2 (20 lots) - 2016 2017 SUB- 7406; 7404; 7402 3 2019 FP 18/2017 Channel Highway sealed- 2019 2017 SUB-3/2017 8 Frederick Street 2 2017 FP sealed- 2020 2017 SUB-1/2017 5 Smith Street 1 2017 FP sealed- 2018 2017 SUB- 10 Charles Street 8 Plan sealed for 2019 FP sealed 37/2017 stage 1 (8 lots) 2019; (Stage 2 TBC) 2018 SUB- 32 Christina Street 2 2019 FP not 32/2018 sealed 2020 SUB- 14 George Street 1 Final Plan sealed - 2019 FP Sealed 29/2020 2011 Source: Huon Valley Council, received August 2020
Cygnet Residential Demand and supply Analysis 9
Other subdivision lot data for the period 2011-2019 for approved subdivisions in Cygnet are shown in Table 63. It shows that over the past 9 years 110 lots have been created in Cygnet. The three major releases in this time were Devereaux Court (19 lots in 2011), Lourdes Rise (27 lots in 2011) and Dorgan Court (29 lots across 2015 and 2016). Satellite imagery (Figure 4) reveals that the take-up rate of these sub-divisions has been high, with only a few vacant lots remaining in these three sub-divisions (at April 2019).
TABLE 6: APPROVED SUBDIVISIONS, CYGNET
Source: Huon Valley Council, received August 2020
FIGURE 4: DEVEREAUX COURT (TOP LEFT) AND DORGAN COURT (BOTTOM RIGHT) IN 2012
Source: Google Earth, accessed August 2020
3 This data does not include boundary adjustment approval information as no new lots are created by that process, and does not include data between 2011-2019 for approved subdivisions that were withdrawn after lodgement, or for approved subdivisions that subsequently lapsed
Cygnet Residential Demand and supply Analysis 10
FIGURE 5: DEVEREAUX COURT (TOP LEFT) AND DORGAN COURT (BOTTOM RIGHT) IN 2019
Source: Google Earth, accessed August 2020
2.4 Housing demand scenarios
All the historic evidence above suggests that demand for residential lots is growing faster in Cygnet than predicted by official government population projections produced by Treasury, as well as what is assumed in the STRLUS. SGS prepared two scenarios to establish a range in which housing demand in Cygnet might occur. Housing demand under a high growth scenario and a moderate growth scenario will be discussed in the next section. Under the high growth scenario, dwelling growth of 2 per cent per annum has been applied to forecast housing demand. For the moderate growth scenario, the dwelling demand rate is 1.5 per cent per annum.
Age distribution The age profile of the population is also projected to change, impacting the types of dwellings demanded, with major growth in aged population cohorts. The current and projected age profile for residents in the Cygnet SA2 under the high and moderate growth scenarios are shown in Figure 6 and Figure 7. Trends of an aging population profile can be observed under both scenarios, as the dominant age groups are anticipated to shift from 45 to 64 in 2016 to 65 to 75 by 2036. This reflects that people are growing older and remaining healthy and independent for longer. It is expected most of the older people in Cygnet will remain living independently, particularly if housing options are provided to them. Similarly, an adequate supply of land for detached housing will allow young families to move into Cygnet.
Cygnet Residential Demand and supply Analysis 11
FIGURE 6: POPULATION PROJECTION AND GROWTH RATE BY AGE (HIGH GROWTH), CYGNET SA2
Source: ABS Census; Tasmanian Government 2019; and SGS Economics and Planning
FIGURE 7: POPULATION PROJECTION AND GROWTH RATE BY AGE (MODERATE GROWTH), CYGNET SA2
Source: ABS Census; Tasmanian Government 2019; and SGS Economics and Planning
2.5 Housing demand model results
Forecast dwelling demand Table 7 and Table 8 summarise the results of the housing demand modelling under the high and moderate growth scenarios. The results are derived from the Housing Demand Model using ABS Census data patterns in demographics and housing types from 2001 to 2016 and population growth forecasts to 2036 for the Cygnet SA2. Under the high growth scenario, the model indicates that while the highest growth rate between 2020 and 2036 is likely to be for semi-detached dwellings (3.4 per cent per annum), the dwelling mix in Cygnet will still be dominated by detached (separate house) dwellings. Demand for separate houses is expected to grow 1.9 per cent per year between 2020 and 2036. The preference for separated houses in Cygnet will drive demand for 678 residential lots to 2036. The projected demand for semi-detached, unit and other dwellings types adds to demand by another 50 dwellings to 2036. The demand for semi-detached and units may or may not occur on strata-titled lots.
Cygnet Residential Demand and supply Analysis 12
In total, the model shows that 729 new dwellings are to be demanded by 2036 in the Cygnet SA2 area, which translates to an increase of 2 per cent per annum.
TABLE 7: DWELLING DEMAND FORECAST 2020 TO 2036 (HIGH GROWTH), CYGNET SA2 2020 to AAGR5 Dwelling 20204 2021 2026 2031 2036 2036 2020 to type Growth 2036 Separate 1,874 1,920 2,135 2,349 2,553 678 1.9% house Semi 26 27 33 38 44 18 3.4% Detached Flat, unit or 27 28 32 36 40 12 2.3% apartment Other 41 42 48 54 60 20 2.5%
Total 1,968 2,017 2,247 2,477 2,697 729 2.0%
Source: SGS Housing Demand Model (2020)
Modelling results under the moderate scenario shows a lower housing demand growth rate of 1.5 per annum. This is driven by the assumption that the share of housing growth in the Huon Valley LGA allocated to Cygnet SA2 remains constant throughout the years. Separate houses remain the most dominant housing type, whereas semi-detached dwellings have the highest growth rate. A total of 525 new dwellings are projected to be the size of housing demand by 2036.
TABLE 8: DWELLING DEMAND FORECAST 2020 TO 2036 (MODERATE GROWTH), CYGNET SA2
2020 to AAGR Dwelling type 2020 2021 2026 2031 2036 2036 2020 to Growth 2036 Separate 1,842 1,878 2,039 2,191 2,328 486 1.5% house Semi 25 27 31 36 41 15 2.9% Detached Flat, unit or 27 27 30 33 36 9 1.9% apartment Other 40 41 46 51 55 15 2.0% Total 1,934 1,973 2,146 2,311 2,459 525 1.5% Source: SGS Housing Demand Model (2020)
The differences between the two scenarios are largely driven by the demand in separate houses. Among the 204 dwelling growth difference between the high and moderate scenarios, separate houses account for 94 per cent (192 dwellings) of the total difference.
Forecast household composition The age statistics are reflected in the projected growth of different household types in the LGA. Under the high growth scenario (Figure 8), while couple families with children are anticipated to grow by 18 per cent between 2016 and 2036, couple families with no children, one parent family, and lone person household types are expected to grow considerably, by 55, 63, and 62 per cent respectively.
4 The figure for 2020 is calculated by assuming that 80% of the growth between 2016 and 2021 (3 years’ worth) has already been realised. 5 AAGR – Average Annual Growth Rate
Cygnet Residential Demand and supply Analysis 13
FIGURE 8: HOUSEHOLDS BY COMPOSITION (HIGH GROWTH), CYGNET SA2
Source: Tasmanian Government 2019; SGS Housing Demand Model (2020)
Under the moderate growth scenario shown in Figure 9, couple families with children are only expected to grow by 7 per cent by 2036, while the biggest growths will also be seen in one parent families (48 per cent), lone person households (47 per cent), and couple families with no children (41 per cent).
Changes in household compositions in both scenarios are in line with trends seen across Tasmania and Australia, in that the average household size is to see a decrease overtime driven by ageing population. The ageing of the population in Tasmania is however more pronounced than Australia as a whole.
FIGURE 9: HOUSEHOLDS BY COMPOSITION (MODERATE GROWTH), CYGNET SA2
Source: Tasmanian Government 2019; SGS Housing Demand Model (2020)
Cygnet Residential Demand and supply Analysis 14
3. HOUSING DEVELOPMENT CAPACITY
3.1 Introduction and purpose This chapter identifies available vacant residential land in Cygnet ready for development in the immediate, medium and longer-term. HVC has supplied much of the data required for the supply analysis, with SGS tasked with analysing this information and estimating the available lots within the UCL and UGB boundaries. The purpose of the analysis is to reveal the capacity for new housing in Cygnet to 2036 and compare to housing demand to ascertain whether new parcels of land should be released. Key to meeting population demand as forecast will be to ensure land supply is consistent and stable, properly located and readily developable.
3.2 Housing capacity
Method To estimate the housing capacity of Cygnet (i.e. the likely number of dwellings that could be built in Cygnet to 2036), SGS relied upon the vacant land and lots analysis as identified by HVC. Each parcel was reviewed by SGS taking into account engineering advice provided by HVC to consider constraints to develop on each lot. This analysis included a lot of analysis conducted by Council compared to previous analysis completed by SGS on housing capacity in Cygnet. Parcels of land were sorted into four different groups:
▪ Development ready lots (immediate supply) ▪ Land that is serviced with water and sewage, but not sub-divided (medium-term supply) ▪ Land that is serviceable but not sub-divided (medium to longer term supply) ▪ Land that is not sub-divided nor fully serviced (long term supply) ▪ Council-owned land (uncertain supply) In addition, dwelling densities and realisation rates (what share of lots would realistically be developed) were allocated. The theoretical capacities of vacant residential land were estimated based on the following assumptions for two scenarios, low and high, with the higher scenario assuming greater densities6:
▪ Two different realisation rates are applied to development estimates. For the low capacity scenario, it is assumed that 50 per cent of the theoretical capacity will be realised. Many landowners will not sub-divide their land preferring to keep the whole parcel intact for their own use. There are also cost constraints if new access ways or infrastructure has to be provided and planning constraints such as the coastal overlay or other overlays on some sites. For the higher capacity scenario, it is assumed optimistically that 90 per cent of the capacity can be realised. This realisation rate was chosen given the accuracy and research behind the housing capacity data set supplied by HVC.
▪ Consideration has been given to dwelling densities in the General Residential zone in preparation of the vacant land and lots analysis as identified by HVC, with densities in
6 though compared to major cities the density in the high scenario remains low
Cygnet Residential Demand and supply Analysis 15
that range of 9 dwellings per hectare (equivalent to 1,100 sqm per lot) to 15 dwellings per hectare (equivalent to 665 sqm per lot).
▪ For Huon Valley Council (HVC) owned land at 20 Golden Valley Road and 14 George Street, this land has been previously identified by Council for housing development as part of the George Street Site Development Strategy, and potentially therefore this land may be used, for example, as community housing and related services. As an indication for a use in the high scenario, it is assumed the capacity of 14 George St is 49 dwellings based on prior research by Terroir. For the low scenario, it is assumed that this land is not used for housing.
Housing development capacity in Cygnet urban growth area Table 9 below shows the results of the above analysis for Cygnet within the urban growth boundary. It shows that in the low scenario, with a realisation rate of 50%, there is future capacity for 92 new dwellings in Cygnet. With a higher realisation rate (90 per cent) and the use of council land for medium density housing (such as a retirement village), the capacity in Cygnet is for 209 new dwellings. These scenarios can be thought of as a range, with the likely capacity falling somewhere in between, and likely towards the bottom of the range.
TABLE 9: HOUSING CAPACITY IN CYGNET URBAN GROWTH BOUNDARY
Land Type Dwelling capacity Dwelling capacity Dwelling capacity (Low) (Higher) (Higher) with council land
Development ready (Short term) 16 28 28 Fully serviced but not sub-divided (Medium term) 50 89 89 Serviceable but not sub divided (Medium to longer term) 21 37 37 Not sub-divided or fully serviced (Long term) 6 11 11
Council-owned land (Uncertain) 0 0 44
Total 92 165 209 Note: the 44 Council-owned lots refer to those 49 lots at 14 George St identified by Terroir, with a 90% realisation rate applied
Allocating the above capacity to five-year time blocks results in the dwelling capacities below in Table 10:
▪ In the short term (to 2021) there is an immediate capacity for 16 to 28 new dwellings, depending on the capacity scenario, on development-ready lots in Cygnet.
▪ In the medium term when fully serviced but not sub-divided land is likely available for development, there is a capacity for around 50 to 89 dwellings between 2022 to 2026.
▪ In the medium to longer term when serviceable but not sub-divided land is likely available for development, there is a capacity for around 21 to 37 dwellings between 2027 to 2031.
▪ In the longer-term, when more difficult land for development may be ready for release, there is a capacity for a further 6 to 11 dwellings. If the Council land is included and developed over the medium term, the capacity increases to 111 dwellings for 2022-2026 and 59 dwellings in 2027-2031.
Cygnet Residential Demand and supply Analysis 16
TABLE 10: DWELLING CAPACITY IN 5-YEAR INTERVALS, URBAN GROWTH BOUNDARY
2020-2021* 2022-2026 2027-2031 2032-2036 Total
Dwelling capacity (Low) 16 50 21 6 92
Dwelling capacity (Higher) 28 89 37 11 165
Dwelling capacity (Higher) with council land 28 111 59 11 209
As a general rule of thumb, there needs to be approximately 15 years of vacant supply of land available to prevent speculative land behaviour and upward pressure on land and housing affordability.
Housing development capacity in Cygnet urban centre locality Table 11 below shows the results of the above analysis for Cygnet within the urban centre locality. It shows that in the low scenario there is currently capacity for 91 new dwellings in Cygnet. With a higher realisation rate (90 per cent) and the use of council land for medium density housing (such as a retirement village), the capacity in Cygnet is for 207 new dwellings. These scenarios can be thought of as a range, with the likely capacity falling somewhere in between, and likely towards the bottom of the range.
TABLE 11: HOUSING CAPACITY IN CYGNET URBAN CENTRE LOCALITY
Land Type Dwelling capacity Dwelling capacity Dwelling capacity (Low) (Higher) (Higher) with council land
Development ready (Short term) 11 19 19 Fully serviced but not sub-divided (Medium term) 51 91 91 Serviceable but not sub divided (Medium to longer term) 24 42 42 Not sub-divided or fully serviced (Long term) 6 11 11
Council-owned land (Uncertain) 0 0 44
Total 91 163 207 Note: the 44 Council-owned lots refer to those 49 lots at 14 George St identified by Terroir, with a 90% realisation rate applied
Allocating the above capacity to five-year time blocks results in the dwelling capacities below in Table 12:
▪ In the short term (to 2021) there is an immediate capacity for 11 to 19 new dwellings, depending on the capacity scenario, on development-ready lots in Cygnet.
▪ In the medium term when fully serviced but not sub-divided land is likely available for development, there is a capacity for around 51 to 91 dwellings between 2022 and 2026.
▪ In the medium to longer term when serviceable but not sub-divided land is likely available for development, there is a capacity for around 24 to 42 dwellings between 2027 to 2031.
▪ In the longer-term, when more difficult land for development may be ready for release, there is a capacity for a further 6 to 11 dwellings.
Cygnet Residential Demand and supply Analysis 17
If the Council land is included and developed over the medium term, the capacity increases to 113 dwellings for 2022-2026 and 64 dwellings in 2027-2031.
TABLE 12: DWELLING CAPACITY IN 5-YEAR INTERVALS, URBAN CENTRE LOCALITY
2020-2021* 2022-2026 2027-2031 2032-2036 Total
Dwelling capacity (Low) 11 51 24 6 91
Dwelling capacity (Higher) 19 91 42 11 163
Dwelling capacity (Higher) with council land 19 113 64 11 207
As a general rule of thumb, there needs to be approximately 15 years of vacant supply of land available to prevent speculative land behaviour and upward pressure on land and housing affordability.
Comparison to housing demand As revealed in Section 2, the demand for housing in the Cygnet area (SA2) has been high in recent years. This is forecast to continue. Table 13 and Table 15 show the dwelling demand in the Cygnet SA2and within the Cygnet growth boundary. It is assumed by SGS that 80 per cent of growth in the Cygnet area should be captured within the growth boundary to improve town vibrancy and economic outcomes for Cygnet (as explored in chapter 4). Additional growth in agricultural areas and shack communities is discouraged by the Huon Valley Land Use and Development Strategy and the Southern Tasmania Regional Land Use Strategy. At present only around a third of dwelling growth in the Cygnet area is being captured within the growth boundary (see Table 17 later).
Housing capacity shortfall within the Cygnet UGB Table 13 shows the gap between the future capacity scenarios. The results show that:
▪ In the low capacity scenario (the most likely scenario) there is insufficient capacity in Cygnet to cater for demand in the short, medium and long term.
▪ In the unlikely higher capacity scenario as well, demand is insufficient in the short, medium, and long term.
▪ When housing development on the HVC land is included there is still insufficient capacity over the next 16 years as well. There is a smaller deficit of supply in the medium term, which is not adequate for demand also due to the lack of choice and affordability this tight supply would create. This minor excess capacity in this scenario also relies on council foregoing broader community uses of prime council-owned land in the middle of Cygnet.
TABLE 13: DETACHED DWELLING DEMAND IN 5-YEAR INTERVALS COMPARED TO DWELLING CAPACITY, URBAN GROWTH BOUNDARY
2020-2021* 2022-2026 2027-2031 2032-2036 Total Demand in Cygnet SA2 39 173 164 148 524 Dwelling demand in growth boundary 31 139 131 118 419 Supply gap: Low capacity scenario -15 -89 -111 -112 -328 Supply gap: Higher capacity scenario -3 -50 -95 -107 -255 Supply gap: Higher scenario with Council land -3 -28 -73 -107 -210 *Assumes 60% of the demand for 2016 to 2021 has already been realised
Cygnet Residential Demand and supply Analysis 18
The analysis in Table 14 shows that in the short term, between 50 to 91% of dwelling demand in the Cygnet growth boundary can be catered for within the UGB, with 36 to 64% in the next 5 years, 16 to 28% between 2027 and 2031, and only 5 to 9% in 2032 to 2036. In total, only 22 to 39% of dwelling demand is accommodated within the UGB, not including council owned land, and if supply is not increased, this demand would likely go into rural land and/or elsewhere. Even with the high realisation rate of 90% there is still going to be a shortfall in supply.
TABLE 14: PROPORTION OF DETACHED DWELLING DEMAND IN CYGNET SA2 IN 5-YEAR INTERVALS COVERED BY DWELLING CAPACITY, URBAN GROWTH BOUNDARY
2020-2021* 2022-2026 2027-2031 2032-2036 Total Supply gap: Low capacity scenario 50% 36% 16% 5% 22% Supply gap: Higher capacity scenario 91% 64% 28% 9% 39% Supply gap: Higher scenario with Council land 91% 80% 45% 9% 50% *Assumes 60% of the demand for 2016 to 2021 has already been realised
Housing capacity shortfall in the Cygnet UCL A similar result is observed for the Cygnet urban centre locality, as shown in the gap analysis in Table 15. A larger deficit is shown in the next year when compared to the UGB, and a smaller deficit in supply in the medium term.
TABLE 15: DETACHED DWELLING DEMAND IN 5-YEAR INTERVALS COMPARED TO DWELLING CAPACITY, URBAN CENTRE LOCALITY
2020-2021* 2022-2026 2027-2031 2032-2036 Total Demand in Cygnet SA2 39 173 164 148 524 Dwelling demand in growth boundary 31 139 131 118 419 Supply gap: Low capacity scenario -20 -88 -108 -112 -328 Supply gap: Higher capacity scenario -12 -48 -89 -107 -256 Supply gap: Higher scenario with Council land -12 -26 -67 -107 -212 *Assumes 60% of the demand for 2016 to 2021 has already been realised
The analysis in Table 16 shows that in the short term, only 34 to 61% of dwelling demand in the Cygnet growth boundary can be catered for within the UCL, with 36 to 66% in the next 5 years, 18 to 32% between 2027 and 2031, and only 5 to 10% in 2032 to 2036. In total, only 22 to 39% of dwelling demand is accommodated within the UCL, not including Council owned land, and if supply is not increased, this demand would likely go into rural land and/or elsewhere. Even with the high realisation rate of 90% there is still going to be a shortfall in supply.
TABLE 16: PROPORTION OF DETACHED DWELLING DEMAND IN CYGNET SA2 IN 5-YEAR INTERVALS COVERED BY DWELLING CAPACITY, URBAN CENTRE LOCALITY
2020-2021* 2022-2026 2027-2031 2032-2036 Total Supply gap: Low capacity scenario 34% 36% 18% 5% 22% Supply gap: Higher capacity scenario 61% 66% 32% 10% 39% Supply gap: Higher scenario with Council land 61% 81% 49% 10% 49% *Assumes 60% of the demand for 2016 to 2021 has already been realised
Cygnet Residential Demand and supply Analysis 19
3.3 Conclusions The lack of supply of land ready for housing development presents challenges to new residents looking to move to Cygnet. These new residents may choose to not move to Cygnet or may move outside of the growth boundary. Demand will not be met under the existing supply. SGS are aware of a property that is undergoing an application for a Section 43A rezoning and subdivision approval – this property is currently not residentially zoned. This property is within the UCL boundary and partly within the UGB boundary. If the rezoning and subdivision applications are successful there is potential for a further 61 lots available in the medium term. The ageing of the population also requires careful consideration. The early release of new residential lots can help attract families to Cygnet reducing the ageing of the population while land in the centre of Cygnet may be dedicated to retirement living instead of detached housing. In the current market, land values may become prohibitive for households to move into Cygnet. It is very likely that demand is currently diverted to areas outside the UGB, and into other parts of the Huon Valley or adjacent LGAs.
Cygnet Residential Demand and supply Analysis 20
4. COMMENTARY
STRLUS and demand for housing since 2011 In STRLUS, Cygnet is defined as a township with a moderate growth strategy according to a mixed growth scenario from 2011 to 2035. A township is defined as residential settlement with prominent town centres providing a number of facilities, some local employment opportunities and convenience shopping. They tend to have a population of 500 to 1,500 residents, excluding the surrounding rural living areas. The moderate growth strategy in STRLUS refers to an anticipated growth of 10 to 20 per cent of dwellings. A mixed growth scenario indicates that residential growth should come from a mix of both greenfield and infill circumstances and that expansion of the residential zone may be required dependent upon an assessment of the yield capacity and vacancy of existing zoned land. In addition, the Strategy promotes consolidation of existing settlements and minimisation of urban sprawl and lower density development (p. 85). The demand projections in STRLUS were primarily based on historic growth, primarily based on Census publications of which the most recent, published one would have been 2006. Since 2011, population growth and related dwelling demand has outpaced anticipated growth as detailed in STRLUS. In addition, population growth has outpaced the population projections by Treasury by LGA. The issue with the Treasury projections is they do not account for intrastate migration between LGAs and/or growth patterns based on planning decisions. We therefore see in several LGAs, especially those with relative affordable house prices and within a (somewhat) commutable distance from Hobart, that population projections have been below actual growth rates. In order to achieve the overarching strategic planning objectives of urban consolidation, prevention of sprawl and fragmentation of agricultural land, it is of the utmost importance to ensure sufficient and suitable vacant residential land is provided for in and around existing settlements (within their UGB). There is an urgent need to update STRLUS to reflect updated projections and ensure the overarching strategic planning objectives are achieved. There is also a need to update the Treasury population projections to appropriately account of intrastate migration patterns.
Acute shortfall of supply within the township The analysis shows there is an acute shortage of suitable, vacant residential land to accommodate future growth, while meeting the overarching planning objectives. The following observations support the key finding of the analysis. At the time of writing this report there was no vacant residential land for sale in Cygnet. At the same time, we see that housing affordability has been decreasing (see paragraph below). In addition, a significant share of residential demand has been accommodated outside of the UCL and UGB of Cygnet, as is illustrated in the table below. The table was compiled from ABS Census data. It shows that the majority of the dwelling stock increase was accommodated in the area outside of the UCL and the UGB7. This suggests limited availability of suitable and
7 It also shows that the majority of the existing dwelling stock is outside of the UGB and UCL, reflecting the rural historic character of the town.
Cygnet Residential Demand and supply Analysis 21
affordable land within the township. Of course, many households in the area also choose to live in rural and environmental lifestyle settings. The dwelling growth rate within the UCL and UGB was 3.7% and 2.1% respectively, well above the growth rate for the SA2, reflecting a high demand for living in the town.
TABLE 17 NUMBER OF PRIVATE DWELLINGS, CYGNET 2011 2016 Growth AAGR Share of Share of stock growth (2016) Cygnet SA2 1,988 2,135 147 1.8% 100% 100%
Cygnet UCL 323 373 50 3.7% 34% 17% Cygnet remainder (UCL) 1,665 1,762 97 1.4% 66% 83%
Cygnet UGB 399 433 34 2.1% 23% 20% Cygnet remainder (UGB) 1,589 1,702 113 1.7% 77% 80%
Source: ABS Census, 2011 and 2016
Housing affordability and choice High rents, relative to household incomes, has seen Greater Hobart become the least affordable metropolitan area in Australia for renting. Many homes have also been converted to short-term holiday rentals. Many households are looking to the Huon Valley for more affordable housing options. According to the rental affordability index8, Cygnet has an acceptable level of affordability, but this will be impacted over time if there is a shortage of housing in comparison to demand as identified by SGS in the proceeding chapter. Rental affordability provides the best insight into the relation of residential demand and supply, as its affordability level is not distorted by property speculation and wealth creation considerations. Already, rental affordability for the average income rental household has dropped markedly in Cygnet from being ‘very affordable’ in the fourth quarter of 2013, to ‘acceptable’ by the second quarter in 2019. For some household types, rents have already become unaffordable, where households pay more than thirty per cent of their income in rent. This leaves them with insufficient funds to pay for other primary needs such as heating, medical needs, education and transport.
COVID-19 and public health restrictions The impacts of the pandemic are still evolving and uncertain. However, it is clear there are substantial consequences in terms of economic growth, migration and tourism. At the time of writing this report, Tasmania is successfully pursuing a strategy of elimination of COVID-19. Travel across State borders is restricted to essential travellers and people who accept to stay in hotel quarantine for two weeks. This has resulted a drop of visitors to the island. With uncertainty about the future availability of a vaccine, restrictions may stay in place for another year or more. Economic modelling shows unemployment levels may not fall to pre-pandemic levels for another three to four years. Both lower migration and high unemployment may undermine demand for residential land, although that is not visible in the market yet, partially due to housing investment subsidies. All in all, the pandemic may delay residential demand by two to three years.
8 https://www.sgsep.com.au/projects/rental-affordability-index
Cygnet Residential Demand and supply Analysis 22
5. FINDINGS AND RECOMMENDATION
The capacity analysis indicates that currently there is the capacity to provide another 92 to 165 new dwellings in the Cygnet urban growth boundary to 2036, and 91 to 163 new dwellings in the Cygnet urban centre locality depending on dwelling density and realisation rates. If HVC land in the George Street redevelopment area is developed, the high capacity scenario increases to 209 and 207 dwellings for the UGB and UCL respectively. The actual capacity likely lies somewhere towards to bottom of this range, with the higher scenario unlikely to be realised. Demand for housing in Cygnet is strong. To 2036 it is estimated that there will be demand for another 524 dwellings in the Cygnet area from 2020. Assuming that 80 per cent of the dwellings should be located within the urban growth boundary to protect agricultural land from fragmentation and to develop greater economic and social vibrancy in the town, then 419 dwellings will be demanded within the growth boundary. As it currently stands, there is insufficient land available to achieve a dwelling capacity that will meet the projected demand within the urban growth boundary. The insufficient supply means that potential new residents cannot move to Cygnet due to insufficient choice and affordability pressures.
Cygnet Residential Demand and supply Analysis 23
Contact us
CANBERRA HOBART MELBOURNE SYDNEY Level 2, 28-36 Ainslie Place PO Box 123 Level 14, 222 Exhibition St 209/50 Holt St Canberra ACT 2601 Franklin TAS 7113 Melbourne VIC 3000 Surry Hills NSW 2010 +61 2 6257 4525 +61 421 372 940 +61 3 8616 0331 +61 2 8307 0121 [email protected] [email protected] [email protected] [email protected]
27 February 2015
Ms Simone Watson General Manager Huon Valley Council PO Box 210 Huonville TAS 7109 By Email: [email protected]
Dear Simone
ASSESSMENT OF INTERIM PLANNING SCHEME – TPC RESPONSE
You have requested our advice in regard to the current assessment by the Tasmanian Planning Commission (‘TPC’) of Council’s draft interim planning scheme (‘Scheme’).
Relevant to the assessment of the Schemes have been the Land Use Planning and Approvals Act 1993 (‘Act’), Planning Directive No. 1 – Format and Structure of Planning Schemes (‘PD1’), the Southern Tasmania Regional Land Use Strategy (‘STRLUS’) and other regional strategic planning documents (‘Regional Strategies’), including the Southern Tasmanian Industrial Land Strategy (‘STILS’) as well as Council’s local strategic planning documents1 (‘Local Strategies’).
A number of proposed zoning changes within the Schemes, which you instruct us are supported by Local Strategies, have been questioned by the TPC broadly on the basis that they are thought to be:
inconsistent with Regional Strategies; or;
inconsistent with the current zoning.
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1 Huon Valley Land Use and Development Strategy (2007), Huonville Ranelagh Structure Plan (2011), Franklin Heritage Study (2003), Huon Area Heritage Study (1983).
Inconsistency with Regional Strategies is specifically said to occur in a variety of ways:
inconsistency with a regional approach by not furthering s.30A of the Act;
inconsistency with specific provisions of STRLUS;
insufficient evidence of consistency with STRLUS;
not reasonably necessary to further the objectives and outcomes of STRLUS;
not required by STILS; and
inconsistency with PD1.
You are seeking clarification of the following issues:
the extent to which Local Strategies may inform zoning changes in the Schemes;
whether proposed zoning changes are inconsistent with the Regional Strategies or current zoning; and
if there is inconsistency with either the Regional Strategies or current zoning, whether the changes may still be permissible.
This advice is to be read in conjunction with your own document “Response to Tasmanian Planning Commission Draft Compliance Report”. In that report you have noted:
a number of proposed changes to the Scheme which have been questioned and which you wish to retain;
a number of proposed changes to the Scheme which have been questioned and which you wish to retain with modifications or for which you suggest an alternative zone; and
a number of proposed changes to the Scheme which have been questioned and for which you have noted and accepted the TPC’s suggested revision.
Summary of Advice
Part A of this advice considers the framework in which Local Strategies may inform planning provisions in the Schemes to the extent that they are not inconsistent with Regional Strategies. Where there is inconsistency, the provisions of the Regional Strategy should ordinarily prevail.
The use of the word “should” is important. There is nothing in the Land Use Planning and Approvals Act 1993 (‘LUPAA’) or the Regional Strategies to suggest that consistency with either Regional Strategies or current zoning is a completely inflexible rule. To the extent that plainly undesirable, ill-fitting, impractical or inappropriate outcomes may result from a
2
technical finding of inconsistency, it is our advice that, as a matter of general planning principle, compliance with the Regional Strategies need not be the determinative factor in all cases.
Part B of this advice considers in detail each of the proposed zoning changes in the Scheme. A consideration of the proposed changes shows that there are strong arguments in favour of all of the proposed changes, which you seek to retain in their original or modified form, being accepted for the following reasons:
1. A number of the proposed changes that are said to be inconsistent with Regional Strategies are in our opinion not inconsistent.
2. Although as a general rule where there are inconsistencies with Regional Strategies or current zoning, the regional considerations should prevail, this is not an absolute or rigid requirement.
3. As a result, a number of the proposed changes may be technically inconsistent with a Regional Strategy but in each case it is strongly arguable that the change is preferable in order to cure an existing zoning anomaly or irregularity.
4. In addition, a small number of the proposed changes may be inconsistent with current zoning but are arguably permissible because:
a. they act to regularise an existing and established use;
b. they are consistent with Regional Strategies;
c. they offer the best translation from an existing zone to a new planning scheme template zone.
As a result, it is our opinion that each of the proposed Scheme changes which Council seeks to retain ought be accepted.
ADVICE IN DETAIL
A. Regional and Local Strategies
1. It is accepted that in assessing a draft interim planning scheme, the TPC must consider Regional Strategies. Section 30E(6) of LUPAA provides as follows:
“Subject to section 20(1), a draft interim planning scheme and an interim planning scheme are to be, in the opinion of the decision-maker, within the meaning of section 20(2A), as far as practicable consistent with the regional land use strategy, if any, for the regional area in which the schemes are to apply.”
This provision has been recently amended from:
“A draft interim planning scheme and an interim planning scheme are to be consistent with, and likely to further the objectives and outcomes of, the regional land use strategy, if any, for the regional area in which the schemes are to apply.”
3
The use of the words “as far as practicable consistent” indicates an acknowledgement that consistency between planning schemes and consistency between regional and local concerns may be an impractical or even impossible result in some circumstances.
The insertion of s.20(2A) is also significant. Under that provision, planning authorities, as well as the Commission and the Minister are relevant decision makers. This provides further weight to the assessment and determination of a Council in considering the issue of consistency.
The change of wording from “are to be consistent” to “in the opinion of the decision maker” clearly imports the idea of a discretion into the consideration of draft planning schemes. The acknowledgement of discretion accords with general planning principles.
2. The central role of discretion within planning schemes demonstrates the importance of flexibility to allow for developments and uses which do not prejudice or offend a particular zone in spite of technical defects. There are many decisions of the Resource Management Planning Appeal Tribunal (‘Tribunal’) where a clearly inconsistent development or use has been permitted.
For example in E Kalis v Kingborough Council2 “the Tribunal was not satisfied that the proposal [of a business and civic use] would have any negative impact on either the objectives of the Residential Zone [or] the DFCS”, in spite of obvious and direct inconsistency with zone requirements.
3. Inconsistency with section 30A of LUPAA has been included among reasons of the TPC for questioning some of the zone changes. However, in our opinion, that section merely provides aspirational statements regarding the purposes of Division 1A of Part3. Specifically:
(a) to ensure greater consistency between planning schemes within regional areas; and
(b) to ensure greater consistency between planning schemes across the State as a whole
including by ensuring that there are regional land use strategies for all regional areas of the State.
It is suggested that this provision requires consistency in very general terms (as detailed in later provisions such as s30E noted above) and does not provide a basis for a finding of specific inconsistency.
4. The key regional document, STRLUS, states in part A 2.1 as a matter of contextualising the relationship between regional and local considerations:
“It is important to recognise that this strategy addresses matters of regional importance only. Local and/or sub-regional 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.”
2 [2012] TASRMPAT 5 (18 January 2012)
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It goes on to state:
“Where there is an inconsistency between local strategic planning and this regional strategy, the latter should prevail.” The use of the word “should” accords with the existence of discretionary and practical considerations that may require apparent or technical inconsistency to be overlooked.
5. STRLUS is the point of reference in most cases of suggested inconsistency. However, when it comes to the issue of the need to provide for future demand for industrial land, STRLUS refers to the considerations in Part 4 of STILS, where it is stated (on page 24) that “it is at the discretion of individual councils to plan for industrial zoned land. This strategy provides considerations for Councils in relation to their strategic industrial land use planning (emphasis in original). This statement indicates that provisions relating to the future demand for industrial land are a discretionary matter for councils. The role of the STILS is to provide possible considerations.
6. In our opinion the legislation and strategy documents provide for local and regional interests to both be considered in all cases. Consistency between them is required only as far as practicable in the opinion of the decision maker. It follows that inconsistency must be demonstrable in the opinion of the decision maker and practicably avoidable given the local situation.
7. The onus of establishing inconsistency in assessing planning provisions rests on the TPC as the reviewing authority. Given the different, complementary and necessary roles of local and regional concerns, a lack of consistency will not necessarily mean identifiable inconsistency.
8. The requirement of a lack of inconsistency with Regional Strategies or current zoning is not an absolute and inflexible rule. General planning principles apply to the assessment of draft interim planning schemes. It should be recognised that regional and historical circumstances that may indicate the appropriateness of a particular Zone to an identified area may be so inconsistent with the development of uses within the area that adherence to the Zone requirement would in fact create an anomalous or impractical and unmanageable situation on the ground. It is acknowledged in planning law that there are competing planning principles and the exercise of a discretion may take account of factual circumstances and necessity to determine issues.3
9. The Task of the planning authority is to balance the impact of inconsistency against the various merits of a proposal. Inconsistency is rarely fatal where the proposal demonstrates merit in terms of its actual impact on the ground, within the local area.4 It
3 For example Hobart City Council v Resource Management & Planning Appeal Tribunal [2007] TASSC 99 (7 December 2007) at 65. The Tribunal was entitled to conclude that a particular allocation of parking spaces considered necessary to serve the use of the property would not offend or be overridden by the other competing and compelling planning principles or requirements.
4 For an example see: K Booth v Launceston City Council and Standard Excellence Pty Ltd AND National Trust of Australia (Tasmania) v Launceston City Council and Standard Excellence Pty Ltd AND K Partridge v
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is our opinion that the same scope for flexibility ought to apply to the use of the word “should rather than “shall” or “must” when applying it in the present circumstances. Similarly the importance of considering the practicability of requiring consistency given the necessity of taking into account local considerations.
B. INCONSISTENCY WITH REGIONAL STRATEGIES AND/OR CURRENT ZONING
The following part of this advice looks at the specifics of the questioned zone changes. The comments under this heading are supported by and referable to Council’s response document5.
1. The TPC provided the following comments in support of questioning Council’s proposed zone changes.
1.1 The proposed change is not consistent with the regional approach … in furthering section 30A of the Act.
The following sections of the Scheme have been questioned for this reason:
(a) 3.1 - Franklin Heritage Specific Area Plan.
Response:
In our opinion, s. 30A does not provide a basis for a finding of inconsistency but merely notes the desirability of consistency.
Furthermore, it is strongly arguable that the zone change is reasonable and necessary because heritage character in the areas affected by the Franklin Specific Area Plan overlay will be protected by underlying Scheme provisions regulating uses.
(b) 14.1 – Rural Resource Zone at Surveyors Bay.
Response:
In our opinion, s. 30A does not provide a basis for a finding of inconsistency but merely notes the desirability of consistency.
Furthermore, established aquaculture use in the affected coastal area is consistent with the proposed zoning and it would create an anomaly if the planning scheme did not reflect this.
(c) 14.2 – Rural Resource Zone at Dover.
Response:
Launceston City Council and Standard Excellence Pty Ltd AND J Saunders v Launceston City Council and Standard Excellence Pty Ltd [2005] TASRMPAT 199 (28 September 2005) at 136-138 5 Draft Huon Valley Interim Planning Scheme: “Response to Tasmanian Planning Commission draft Compliance Report”. All referenced section numbers in this part of the advice are as shown in that document.
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In our opinion, s. 30A does not provide a basis for a finding of inconsistency but merely notes the desirability of consistency.
Furthermore, established aquaculture use in the affected coastal area is consistent with the proposed zoning and it would create an anomaly if the planning scheme did not reflect this.
(d) 14.3 – Rural Resource Zone at Strathblane.
Response:
In our opinion, s. 30A does not provide a basis for a finding of inconsistency but merely notes the desirability of consistency.
Furthermore, established aquaculture use in the affected coastal area is consistent with the proposed zoning and it would create an anomaly if the planning scheme did not reflect this.
(e) 14.4 – Rural Resource Zone at Nicholls Rivulet.
Response:
In our opinion, s. 30A does not provide a basis for a finding of inconsistency but merely notes the desirability of consistency.
Furthermore, established aquaculture use in the affected coastal area is consistent with the proposed zoning and it would create an anomaly if the planning scheme did not reflect this.
1.2 The proposed change is not consistent with SRD 1.1 of STRLUS and the implementation of the settlement growth strategy and growth scenario.
The following sections of the Scheme have been questioned for this reason:
(a) 4.6 – General Residential Zone at Dover.
Response:
SRD 1.1 requires the implementation of the Regional Settlement Strategy, however SRD 1.2 lists growth strategy and scenario as only one factor in that process. Local structure planning as well as the planning permit process are also considerations.
A number of titles in the proposed zone are already capable of development. As such, the proposed change is arguably consistent with Dover’s consolidation growth scenario.
It is, therefore, strongly arguable that the proposed zoning is not inconsistent with Regional Strategies, at least to the extent of the existing titles capable of development, and it would create an anomaly if the planning scheme did not reflect this.
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(b) 5.1 – Low Density Residential Zone at Ranelagh.
Response:
SRD 1.1 requires the implementation of the Regional Settlement Strategy, however SRD 1.2 lists growth strategy and scenario as only one factor in that process. Local structure planning as well as the planning permit process are also considerations.
It is strongly arguable that the proposed zoning is necessary and appropriate to manage local land constraints as recognised in SRD 1.6 of STRLUS. The properties adjoin an urban settlement area and would not be capable of supporting subdivision under the proposed zoning.
In our opinion it is arguable that the proposed changes are not inconsistent with Regional Strategies and are required to acknowledge and consolidate existing land use in the area.
(c) 13.1 – Particular Purpose (Urban Growth) Zone at Cygnet.
Response:
SRD 1.1 requires the implementation of the Regional Settlement Strategy, however SRD 1.2 lists growth strategy and scenario as only one factor in that process. Local structure planning as well as the planning permit process are also considerations.
The Growth strategy and scenario for Cygnet is moderate and mixed and the area is identified for Urban Growth in Local Strategies.
It is, therefore, strongly arguable that the proposed zoning is not inconsistent with a moderate growth strategy or mixed growth scenario and is supported by the established local strategy and scenario.
(d) 13.2 – Particular Purpose (Urban Growth) Zone at Franklin.
Response:
SRD 1.1 requires the implementation of the Regional Settlement Strategy, however SRD 1.2 lists growth strategy and scenario as only one factor in that process. Local structure planning as well as the planning permit process are also considerations.
With the exception of one title, the area is within the urban growth area identified in Local Strategies.
It is, therefore, strongly arguable that the remainder of the proposed zoning is not inconsistent with Regional Strategies or with Franklin’s consolidation growth scenario. It is supported by the established local planning initiatives.
(e) 15.1 – General Residential, Low Density Residential and Particular Purpose Zones at Port Huon.
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Response:
SRD 1.1 requires the implementation of the Regional Settlement Strategy, however SRD 1.2 lists growth strategy and scenario as only one factor in that process. Local structure planning as well as the planning permit process are also considerations.
Some land in the proposed zone is already subject to planning approval for subdivision. As such, the proposed change is arguably consistent with Port Huon’s consolidation growth scenario.
It is, therefore, strongly arguable that the proposed zoning is not inconsistent with Regional Strategies, at least to the extent of the existing land approved for subdivision, and it would create an anomaly if the planning scheme did not reflect this.
(f) 15.2 – General Residential and Low Density Residential Zones at Dover.
Response:
SRD 1.1 requires the implementation of the Regional Settlement Strategy, however SRD 1.2 lists growth strategy and scenario as only one factor in that process. Local structure planning as well as the planning permit process are also considerations.
Some land in the proposed zone is already subdivided. As such, the proposed change is arguably consistent with Dover’s consolidation growth scenario.
It is, therefore, strongly arguable that the proposed zoning is not inconsistent with Regional Strategies, at least to the extent of land that is already subdivided, and it would create an anomaly if the planning scheme did not reflect this.
(g) 15.3 – General Residential and Low Density Residential Zones at Dover.
Response:
SRD 1.1 requires the implementation of the Regional Settlement Strategy, however SRD 1.2 lists growth strategy and scenario as only one factor in that process. Local structure planning as well as the planning permit process are also considerations.
Some land in the proposed zones are already capable of residential development. As such, the proposed change is arguably consistent with Dover’s consolidation growth scenario.
It is, therefore, strongly arguable that the proposed zoning is not inconsistent with Regional Strategies, at least to the extent of the existing titles capable of development, and it would create an anomaly if the planning scheme did not reflect this.
(h) 15.4 – Environmental Living and Low Density Residential Zones at Southport.
Response:
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SRD 1.1 requires the implementation of the Regional Settlement Strategy, however SRD 1.2 lists growth strategy and scenario as only one factor in that process. Local structure planning as well as the planning permit process are also considerations.
It is arguable that the proposed zoning is necessary and appropriate to manage local land constraints as recognised in SRD 1.6 of STRLUS. In our opinion it is arguable that the proposed change is not inconsistent with Regional Strategies and is required to acknowledge and consolidate existing land use in the area, as reflected in local strategic planning which provides for infill development in the area.
(i) 16 - Particular Purpose Zone (Urban Growth) at Huonville.
Response:
SRD 1.1 requires the implementation of the Regional Settlement Strategy, however SRD 1.2 lists growth strategy and scenario as only one factor in that process. Local structure planning as well as the planning permit process are also considerations.
STRLUS provides a high growth strategy and a mixed growth scenario for Huonville.
It is, therefore, strongly arguable that the proposed zoning is not inconsistent with Regional Strategies and provides for the appropriate implementation of local strategic planning within regional guidelines.
1.3 The proposed change is inconsistent with SRD 1.2 of STRLUS which requires growth to be managed through a hierarchy of planning processes.
The following sections of the Scheme have been questioned for this reason:
(a) 4.1 – General Residential Zone at Huonville.
Response:
SRD 1.2 lists regional growth strategy and scenario as only one factor in the process of implementing planning strategies. Local structure planning as well as the planning permit process are also considerations.
In spite of this, STRLUS provides a high growth strategy and a mixed growth scenario for Huonville. It is strongly arguable that the proposed change is not inconsistent with the regional growth strategy or scenario as it provides for urban growth with a mix of infill and greenfield sites.
(b) 10.1 – General Business Zone at Huonville.
Response:
SRD 1.2 lists regional growth strategy and scenario as only one factor in the process of implementing planning strategies. Local structure planning as well as the planning permit process are also considerations.
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The proposed zone change is supported by and furthers a number of specific provisions of STRLUS, as detailed in your response document (p 61). The area has been identified in local planning as commercial precinct in Huonville, which is already the key activity centre for the Municipality.
It is strongly arguable that the proposed change is not inconsistent with Regional Strategies and is required to avoid a planning anomaly by enabling an identified and necessary aspect of regional and local strategic planning to continue.
1.4 The proposed change is not reflective of current zoning and provides insufficient evidence of consistency with STRLUS.
The following sections of the Scheme have been questioned for this reason:
(a) 4.3 – General Residential Zone at Ranelagh.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
Huonville is the designated commercial centre in the Huon Valley. A requirement that the area proposed to be zoned local business rather than residential would be inconsistent with Regional Policy AC 1.3 to discourage out of centre commercial development.
It is therefore strongly arguable that the zoning is consistent with Regional Strategies and necessary to avoid undermining Huonville as the commercial centre of the municipality.
(b) 5.2 – Low Density Residential Zone at Franklin.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
This change is arguably consistent with SRD 1.6 of STRLUS and necessary to manage land constraints in an existing settlement area. The properties adjoin an urban settlement area and would not be capable of supporting subdivision under the proposed zoning.
It is therefore strongly arguable that the zoning is not inconsistent with Regional Strategies, necessary to avoid undermining the principles underpinning local strategic planning and reflects the existing and anticipated use of land in the area.
(c) 5.3 – Low Density Residential Zone at Grove.
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Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
The proposed zoning is supported by local strategic planning. It is arguable that the proposed change is not demonstrably inconsistent with Regional Strategies or is as far as practicable consistent, while giving effect to local considerations and a reflection of current use on the site and surrounding areas.
(d) 5.4 & 5.5 – Low Density Residential at Surveyors Bay.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
The proposed zoning consolidates an existing settlement at Surveyor’s Bay pursuant to SRD 1.3 of STRLUS, and utilises the low density residential zone because it is considered necessary to manage land constraints and acknowledge existing settlements, pursuant to SRD 1.6 of STRLUS.
It is therefore strongly arguable that the proposed changes are consistent with Regional Strategies, necessary to give effect to local strategic planning and acknowledge the existing use of land in the area.
(e) 5.6 – Low Density Residential at Strathblane.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
The proposed zoning consolidates an existing settlement at Strathblane pursuant to SRD 1.3 of STRLUS, and utilises the low density residential zone because it is considered necessary to manage land constraints and acknowledge existing settlements, pursuant to SRD 1.6 of STRLUS.
It is therefore strongly arguable that the proposed change is consistent with Regional Strategies, necessary to give effect to local strategic planning and appropriate to acknowledge the existing use of land in the area.
(f) 5.9 – Low Density Residential Zone at Abels Bay.
Response:
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As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
These properties adjoin the existing low density settlement at Abels Bay. Some clearing of the land has occurred and the properties do not have the qualities generally associated with an Environmental zoning.
It is strongly arguable that the proposed change is not inconsistent with Regional Strategies and is appropriate in reflecting the existing and anticipated use of land in the area.
(g) 6.1, 6.2 & 6.4 – Village Zone at Huonville.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
SRD 1.2 lists regional growth strategy and scenario as only one factor in the process of implementing planning strategies. Local structure planning as well as the planning permit process are also considerations.
The proposed change is also supported by the fact that Huonville is a designated activity centre with a high and mixed growth scenario.
It is strongly arguable that the proposed change is consistent with regional and local planning, and is appropriate and necessary to consolidate existing and anticipated use of land in the area.
(h) 6.5, 6.6 & 6.8 – Village Zone at Cygnet.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
The proposed change is supported by the fact that Cygnet is called a larger town in the TPC response. It also has a designated moderate and mixed growth scenario. Local planning is consistent with that scenario. It is arguable that the regional provisions relating to activity centres should be applied.
AC 1.6 of STRLUS provides for the encouragement of mixed uses in activity centres to promote variety and multi-functional activity.
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It is strongly arguable that the proposed changes are consistent with regional and local planning, and are appropriate and necessary to consolidate existing and anticipated use of land in the area.
(i) 6.10 – Village Zone at Glen Huon.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
It is arguable that the proposed change is not inconsistent with Regional Strategies, and is appropriate and necessary under Local Strategies to consolidate existing and anticipated use of land in the area.
(j) 6.11 & 6.13 – Village Zone at Geeveston.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
It is arguable that the proposed changes are not inconsistent with Regional Strategies, and are appropriate and necessary under Local Strategies to consolidate existing and anticipated use of land in the area.
(k) 6.14 & 6.15 – Village Zone at Dover.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
It is arguable that the proposed changes are not inconsistent with Regional Strategies, and are appropriate and necessary under Local Strategies to consolidate existing and anticipated use of land in the area.
(l) 6.16 – Village Zone at Southport.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
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It is arguable that the proposed change is not inconsistent with Regional Strategies, and is appropriate and necessary under Local Strategies to consolidate existing and anticipated use of land in the area.
(m) 6.18 & 6.19 – Village Zone at Franklin.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
It is arguable that the proposed changes are not inconsistent with Regional Strategies, and are appropriate and necessary under Local Strategies to consolidate existing and anticipated use of land in the area.
(n) 9.1 – Community Purpose Zone at Franklin.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
The area in question is locally identified as being a necessary zone extension to enable the expansion of the Huon Eldercare facility.
It is strongly arguable that the proposed change is not inconsistent with Regional Strategies, and is appropriate and necessary under Local Strategies to consolidate existing and anticipated use of land in the area.
(o) 11.1 – Light Industrial Zone at Geeveston.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
The proposed change acknowledges the limited potential of the area as a village zone. It is strongly arguable that it is not inconsistent with Regional Strategies and will strengthen the commercial centre of Geeveston, by consolidating established industrial uses.
(p) 11.3 – Light Industrial Zone at Port Huon.
Response:
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As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
The proposed change reflects existing aquaculture and shipping activities. It is strongly arguable that it is not inconsistent with Regional Strategies and is appropriate and necessary under Local Strategies to consolidate existing and anticipated use of land in the area.
(q) 11.4 – General Industrial Zone at Port Huon.
Response:
As discussed in Part A of this advice, Local Strategies may be required to give way to Regional Strategies where there is demonstrated inconsistency. It is strongly arguable that this does not place a burden on Council to demonstrate consistency.
The proposed change reflects existing aquaculture and shipping activities. It is strongly arguable that it is not inconsistent with Regional Strategies and is appropriate and necessary under Local Strategies to consolidate existing and anticipated use of land in the area.
1.5 The proposed change is not consistent with regional policy SRD 1.6 of STRLUS, as the area is not an existing low density residential area.
The following sections of the Scheme have been questioned for this reason:
(a) 5.7 – Low Density Residential Zone at Nicholls Rivulet.
Response:
The land in question is an area where subdivision has occurred with the intent to provide low density settlement. As such it is strongly arguable that the proposed change is not inconsistent with Regional Strategies and is necessary and appropriate to reflect and manage the existing and anticipated use of the land in the area.
(b) 5.8 – Low Density Residential Zone at Abels Bay.
Response:
I note your instructions that Council seeks to make no further submissions on the proposed change.
(c) 5.10 – Low Density Residential Zone at Eggs & Bacon Bay.
Response:
The land in question is an area where subdivision has occurred with the intent to provide low density settlement. As such it is strongly arguable that the proposed
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change is not inconsistent with Regional Strategies and is necessary and appropriate to reflect and manage the existing and anticipated use of the land in the area.
(d) 5.11 – Low Density Residential Zone at Surges Bay.
Response:
I note your instructions that Council seeks to make no further submissions on the proposed change.
1.6 The proposed zone change is not consistent with regional policy SI 1.4 of STRLUS, to identify and protect sites for social infrastructure.
The following sections of the Scheme have been questioned for this reason:
(a) 6.7 & 6.9 – Village Zone at Cygnet.
Response:
Regional Policy SI 1.4 requires the identification and protection of sites for social infrastructure. These areas are arguably consistent with this policy as they may still enable community service functions as necessary.
It is further arguable that the proposed changes are consistent with and appropriate and necessary to consolidate and strengthen the large township and mixed use scenario of Cygnet in accordance with AC 1.6 of STRLUS.
(b) 6.12 – Village Zone at Geeveston.
Response:
Regional Policy SI 1.4 requires the identification and protection of sites for social infrastructure. This area is arguably consistent with this policy as it will enable the continuation of community service functions as necessary.
It is further arguable that the proposed change is consistent with and appropriate and necessary to consolidate and strengthen the township and mixed use scenario of Geeveston as an activity centre in accordance with AC 1.6 of STRLUS.
(c) 6.17 – Village Zone at Franklin.
Response:
Regional Policy SI 1.4 requires the identification and protection of sites for social infrastructure. This area is arguably consistent with this policy as they may still enable community service functions as necessary.
It is further arguable that the proposed change is consistent with, and appropriate and necessary to consolidate and strengthen the township and the mixed use scenario of
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Franklin in accordance with AC 1.6 of STRLUS. The proposed change also reflects the existing pattern of mixed land use in the area and the township as a whole.
1.7 The proposed one change is not consistent with the Major Tourism Zone Purpose under PD1.
The following sections of the Scheme have been questioned for this reason:
(a) 12.1 – Major Tourism Zone at Port Huon.
Response:
I note your instructions that the Rural Resource Zone is now considered the most appropriate zone for this area as the zoning should reflect the current resource development capacity and potential of the area.
In our opinion, it is arguable that the rural resource zone is not inconsistent with Regional Strategies and is an appropriate expression of Local Strategies, which refer to the area as a tourist and visitor hub. It is arguable that it also reflects the established and anticipated uses of the land in the area and provides for use and development compatible with the adjoining Port Huon Marina Concept Plan area.
(b) 12.2 – Major Tourism Zone at Geeveston.
Response:
I note your instructions that the Village Zone is now considered the most appropriate zone for this area. This proposed zone would, arguably, not be inconsistent with Regional Strategies and would be an appropriate expression of local strategic planning and reflect the established and anticipated uses in the area.
(c) 12.3 – 12.8 Major Tourism Zone at various locations.
Response:
I note your instructions that Council seeks to make no further submissions on these proposed changes.
1.8 The proposed zone change is not consistent with regional policy SRD 1.3 of STRLUS as the area is: not considered to be an existing rural living community that is either substantial in size or adjoining a settlement; not an appropriate replacement for land currently zoned for rural living purposes; or not considered to provide for infill or consolidation of an existing rural living community.
The following sections of the Scheme have been questioned for this reason:
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(a) 17.1 – Rural Living Zone at various specified locations.
Response:
I note that you have prepared a table (at p 84ff) in your response document. Based on your instructions, in our opinion, it is arguable that the proposed zones for the areas listed in the table satisfy the requirements of SRD 1.3 in that they either:
recognise existing low density areas which adjoin a settlement; are an existing and substantial rural residential subdivision; constitute a substantial area currently used and developed as rural living on appropriate sized lots; adjoin a settlement and will not be needed for other use; represent a minor extension which reflect existing use; or otherwise reflect current use or zoning.
(b) 17.2 – Rural Living Zone at the balance of (unspecified) locations in Scheme.
Response:
You instruct that Council has noted and accepted the TPC response to this proposed change.
1.9 The proposed zone change is not consistent with regional policy 1.3 of STRLUS as the area is not considered to be an existing environmental living community that is either substantial in size or adjoining a settlement.
The following sections of the Scheme have been questioned for this reason:
(a) 18.1 – Environmental Living Zone – municipal wide areas.
Response:
I note that you have prepared a table (at p 91ff) in your response document. Based on your instructions, it is, in our opinion, arguable that, with the exception of two(2) non- compliant areas noted, the proposed zones for the areas listed in the table satisfy the requirements of SRD 1.3 in that they either:
are consistent with zone area principles and substantial in size; represent an extension of an existing community adjoining a settlement; are substantial existing environmental communities; are an existing environmental community that includes or adjoins a settlement; adjoin and complete an existing and approved environmental living zone; or have the qualities of environmental living and adjoin a settlement.
(b) 18.3 – Environmental Living Zone at Southport.
Response:
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I note your instructions that Council seeks to make no further submissions on this proposed change.
(c) 18.4 – Environmental Living Zone at Cockle Creek.
Response:
I note your instructions that Council seeks to make no further submissions on this proposed change.
(d) 18.5 – Environmental Living Zone at Recherche Bay.
Response:
I note your instructions that Council seeks to make no further submissions on this proposed change.
(e) 18.6 – Environmental Living Zone at Ida Bay.
Response:
I note your instructions that Council seeks to make no further submissions on this proposed change.
(f) 18.7 – Environmental Living Zone at Hastings.
Response:
I note your instructions that Council seeks to make no further submissions on this proposed change and that, should an alternative zone be required, the Rural Resource Zone is preferred.
(g) 18.8 – Environmental Living Zone at Lymington.
Response:
I note your instructions that Council seeks to make no further submissions on this proposed change and that, should an alternative zone be required, the Rural Resource Zone is preferred.
1.10 The proposed zone change does not reflect a translation of the current zoning nor is it reasonably necessary to further the objectives and outcomes of STRLUS.
(a) Section 6.3 of the Scheme is questioned on this basis. It proposes a Village Zone which would extend the existing Village Zone to link with the General Business Zone in Huonville.
Response:
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The inconsistency raised in relation to this proposed change is quite non-specific. It is arguable that Council can justify the proposal based on local planning concerns and existing and anticipated use. As discussed in part A of this advice, regional policy clearly recognises the importance and necessity of local planning and strategies and, where direct inconsistency with Regional Strategies is not demonstrated, it is strongly arguable that Local Strategies may be readily implemented. In this case the lack of a direct translation of zone and the fact that change may not be necessary for STRLUS, arguably does not amount to inconsistency.
That Council has valid reasons that accord with Local Strategies and reflect current and expected use on the land and adjoining areas is arguably a justification for the proposed change.
1.11 The proposed zone change is not consistent with IA 1.3 or 1.4 of STRLUS as the land is not required by STILS 2013 Stage 2 Final Report.
(a) Section 11.2 of the Scheme is questioned on this basis. It proposes that part of a single property at Geeveston be zoned Light Industrial.
Response:
As discussed in Part A of this advice provisions relating to the future demand for industrial land are a discretionary matter for councils. The role of the STILS is to provide possible considerations. In our opinion it is strongly arguable that there is no inconsistency with Regional Strategies. The relevant provisions of STILS deal with the protection and reservation of industrial land through zoning. It is arguably not inconsistent with that policy for Council to make provision for industrial zoned land which reflects the endorsed local plan and current use. STILS specifically provides for council discretion to plan for industrial use land.
1.12 The proposed zone changes are not consistent with the current planning scheme, there is insufficient evidence of consistency with STRLUS and not consistent with the zone purpose of the Open Space Zone in PD1.
(a) Section 7.1 of the Scheme is questioned on this basis. It proposes Open Space Zoning on a municipal wide basis. Response:
You instruct that Council has noted and accepted the TPC response to this proposed change.
1.13 Revise zone changes to be consistent with the Regional Model and to ensure greater consistency between planning schemes in the region, furthering s 30A of the Act.
(a) Section 7.2 of the Scheme is questioned on this basis. It proposes Open Space Zoning of riparian or coastal land not adjoining an established settlement.
Response:
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You instruct that Council has noted and accepted the TPC response to this proposed change.
1.14 Revise zone changes to be consistent with the regional approach for the application of the Community Purpose Zone, furthering s.30A of the Act.
The following sections of the Scheme have been questioned for this reason:
(a) 8.1 – Recreation Zone at Pelverata; and (b) 8.2 – Recreation Zone at Cradoc.
Response:
You instruct that Council has noted and accepted the TPC response to these proposed changes.
1.15 Revise zone changes to ensure the provisions of the Environmental Living Zone reflect the provisions of the current planning scheme.
(a) Section 18.2 of the Scheme is questioned on this basis. It proposes an Environmental Living Zone at Cannells Hill. Response:
You instruct that Council has noted and accepted the TPC response to this proposed change.
1.16 Changes were proposed in relation to the following sections:
(a) 19 – Roads and Railways Zone; (b) 20 – Reserved Land and Working Forests Zone; (c) 21 – Amendment provisions to Current planning Schemes; (d) 22 – Consequential changes and minor drafting matters; and (e) 23 – Mapping.
Response:
You instruct that Council has noted and accepted the TPC response to these proposed changes.
1.17 Changes were proposed in relation to the following sections:
(j) 3.2 – 3.8 – Specific Area Plans; (k) 4.2 – General Residential Zone at Ranelagh; (l) 4.4 – General Residential Zone at Southbridge; and (m) 4.5 – General Residential Zone at Geeveston;
Response:
I note your instructions that Council seeks to make no further submissions on these proposed changes.
22
Conclusion
It is our advice that Local Strategies are a permissible and necessary consideration of a decision maker when developing appropriate provisions in draft interim planning schemes. Consistency with Regional Strategies is one consideration in assessing the suitability of proposed zoning, along with practical and strategic local considerations.
It is our opinion, based on your instructions, that the recommended zone changes in Council’s Scheme are justified or defensible as not being inconsistent with Regional Strategies or as providing an appropriate translation from current to template zones based on existing or expected use being necessary to avoid undesirable or anomalous provisions in the Scheme.
If you have any further queries in relation to this advice, please don’t hesitate to contact either Roger Curtis or myself.
Yours faithfully ABETZ CURTIS
Per:
JOHN KIRKWOOD Email: [email protected] Ref: 150078
23
Title APPLICATION TO INITIATE A DRAFT AMENDMENT TO THE HUON VALLEY INTERIM PLANNING SCHEME 2015 TO REZONE LAND AT LOT 1 CHANNEL HIGHWAY, CYGNET AND OTHER LAND AND AN APPLICATION FOR A PLANNING PERMIT FOR SUBDIVISION OF THE PROPERTY Agenda Number 17.020/20*
Strategic Plan Reference 1
File Reference PSA-2/2017 and SUB-36/2017
Author Manager Development Services
Responsible Officer Manager Development Services
Reporting Brief Director Environment and Development Services presenting a report from the Manager Development Services on a proposed amendment to the Huon Valley Interim Planning Scheme 2015 to rezone land at Lot 1 Channel Highway, Cygnet and other land and an associated development application for the subdivision of the property.
Applicant Mr Rowe Agent PDA Surveyors Property Part of Lot 1 Channel Highway, Cygnet (CT: 167891/1) (‘Property’); subject of other property as set out in the application application Application Application under Section 43A of the former Land Use Planning and Approvals Act 1993 (‘Act’): (i) For the initiation and certification of a Draft Amendment to the Huon Valley Interim Planning Scheme 2015; and (ii) For the issue of a Planning Permit under Section 43C(1) of the Act for subdivision of part of the Property for the creation of residential lots and other lots on the Property and for the creation of three Channel Highway road lots, and for the carrying out of associated works. The Section 43A application is a combined Section 33 and Section 43C(1) application under the Act. Report CONTENTS INTRODUCTION - SECTION 43A APPLICATION SECTION 1 AND 2: ASSESSMENT OF DRAFT AMENDMENT PLANNING ASSESSMENT REPORT: ASSESSMENT OF SUBDIVISION
Minutes- Huon Valley Council Ordinary Meeting 30 September 2020 Page 722 Attachments ATTACHMENT A: Property Site Plan CT 167891/1 ATTACHMENT B: Section 43A Application Application Submission (37 pages) PDA Surveyors Annexures to Application Submission PDA Surveyors 1. Plans including Plan of Subdivision PDA Surveyors Content page: V704UH (dated 10-8-2020) Plans: V704UH: 0; 1, 2, 3, 4, 5, 6, and 9 (8 pages; dated 10-8-2020) Plans: V704UH: Plans: 10 – 11 (31-7-2020) Plans: V704UH: Plans: 50D; 51D; 52D (26-9- 2019) 2. Section 43A Application Form PDA Surveyors 3. Consent Documentation Property owners 4. Title Documentation Property owners 5. Cygnet WWTP Odour Buffer Review (2017) Pitt and Sherry 6. Environmental Impacts & Attenuation Report SEAM dated 2020 Environmental 7. Bushfire Hazard Report and Bushfire GES Management Hazard Plan (2020); Letter (2020) Environmental Solutions 8. Stormwater Planning Report (2020) PDA Surveyors 9. Draft Amendment PDA Surveyors 10.Traffic Impact Assessment (2019) Midson Traffic 11. Land Capability Assessment (2017) Letter (2020) GES Environmental Solutions 12. Compliance Submission: PDA Surveyors Southern Tasmania Regional Land Use Strategy 13. (i) Correspondence Real Estate businesses (ii) Press release Minister for Housing 14.Supply Analysis Submission and map PDA Surveyors 15. Compliance Submission: PDA Surveyors Huon Valley Interim Planning Scheme 2015 16.Property Access Statement PDA Surveyors 17. Cygnet Residential Capacity and Demand SGS Analysis Economics and Dated: 18 May 2020 (SGS Report No. 1) Planning
Minutes- Huon Valley Council Ordinary Meeting 30 September 2020 Page 723 ATTACHMENT C: 1. TasWater Notice (2019) 2. Planning Assessment Report and draft permit conditions (SUB- 36/2017) 3. Draft Amendment (PSA-2017) 4. Cygnet Residential Demand and Supply Analysis SGS Dated: 12 August 2020 (SGS Report No. 2) Economics and Planning 5. Legal Advice dated 2 February 2015 Abetz Curtis 6. Planning Assessment Report (PSA-2/2017) HVC
APPLICATION SUMMARY
1. An application has been lodged under Section 43A of the former provisions of the Land Use Planning and Approvals Act 1993 (‘Act’).
Section 43A Application 2. The Section 43A Application is for: (a) A Planning Scheme amendment (Draft Amendment) under Section 33 of the Act; and (b) The issue of a (draft) Planning Permit under Section 43C(1) of the Act for:
(i) The subdivision for the creation of the lots referred to in the application of part of: Lot 1 Channel Highway, Cygnet (‘Property’) (CT: 167891/1); and 7368 Channel Highway, Cygnet (CT: 136624/1); (ii) Works on land referred to in Table 3 of the main report, and on Plan V704UH: 4 (Annexure 1; Attachment B).
Image 1: Location of the Property: part of Lot 1 Channel Highway, Cygnet (Google Earth extract)
Section 43A Application - documentation
Minutes- Huon Valley Council Ordinary Meeting 30 September 2020 Page 724 3. The application comprises the Application Submission (Attachment B) and its annexures as listed above. The application documentation includes a report, Cygnet Residential Capacity and Demand Analysis, prepared by SGS Economics and Planning (‘SGS’) (Annexure 14; Attachment B).
4. In addition to documentation in Attachment B, other documents considered in the assessment are referred to in the report, Planning Assessment Report (Attachment B 18) and Attachment C. This includes the report, Cygnet Residential Demand and Supply Analysis, prepared by SGS for Council (SGS Report No. 2; Attachment C).
Description of Property 5. The Submission includes the following description of the Property:
The site is located within the southern Tasmanian township of Cygnet. It is a single parcel of land with an area of 13.66ha, having a generally triangular shape. The lot is surrounded by dwellings, pastures, a vineyard, a sewerage treatment plant and the Port Cygnet Marine Reserve. The site has a frontage to Channel Highway of over 600m from which it currently gains access.
A large dam is located at the eastern corner of the site. The site also contains a small timber farm shed that is located just east of the dwelling at 7357 Channel Highway. Other than these features the land is a grassed hillside that gently slopes southward towards the Port Cygnet Marine Reserve. A small amount of vegetation exists on the site, mainly around the dam. (page 6)
Image 2: Lot 1 Channel Highway, Cygnet (LISTmap extract)
Proposed Draft Amendment
Minutes- Huon Valley Council Ordinary Meeting 30 September 2020 Page 725 6. This Section 43A Application is for a Draft Amendment to be initiated and certified by the Council to amend the Huon Valley Interim Planning Scheme 2015 (‘Planning Scheme’) to: A. Partially rezone part of the Property (part of Lot 1 Channel Highway, Cygnet; CT: 167891/1) from Particular Purpose Zone 1 – Urban Growth Zone to General Residential; B. Partially rezone part of the Property from Particular Purpose Zone 1 – Urban Growth Zone to Utilities being land comprised in Lot 101 and 102 on Plan V704UH-4; C. Partially rezone part of 7368 Channel Highway, Cygnet comprised in CT: 136624/1 from General Residential to Utilities being land comprised in Lot 103 on Plan V704UH-50D; and D. Partially amend the application of the Scenic Landscapes Corridor Overlay to the Property.
7. Where it is necessary in the assessment to distinguish between any of the above amendments they are referred to as Draft Amendment (A), (B), (C) or (D).
8. The assessment of the Draft Amendment requires consideration of the Southern Tasmania Regional Land Use Strategy, 2011-2035 (Regional Strategy or STRLUS) that commenced in October 2011. The most recent revision of the strategy is the version dated 19 February 2020.
Outline of proposal 9. The Submission sets out the purpose of the Draft Amendment as follows:
The purpose of the amendment is to provide Cygnet with an additional supply of land in the General Residential Zone that is capable of providing a steady supply of serviced residential allotments to assist Cygnet to cater for the existing and projected demand… (Section 4.1: page 12)
10. The Submission also includes the following planning advice on the proposal:
…Cygnet has experienced a substantial increase in social and economic activity for a number of reasons and like many other settlements of the southern region, the supply of housing is inadequate to meet demand. The proposed amendments and residential subdivision would appropriately counteract existing supply constraints and thereby assist the region's strategic objectives for Cygnet as a medium growth township….
The site is one of the few sites in Cygnet that is suitably central, relatively level, accessible, serviceable and readily developable. It is considered that it has the right attributes to support sustainable growth of the population base in accordance with existing and likely future demand. It can be developed using readily available construction methods to meet current environmental standards. Cygnet has the social physical infrastructure to provide new residents with opportunities for healthy, educated, supported and well-connected lifestyles. (Section 7: page 36-37)
Minutes- Huon Valley Council Ordinary Meeting 30 September 2020 Page 726 Proposed Subdivision 11. It is proposed by the Draft Amendment that part of the Property be rezoned General Residential land as outlined in the report. The Section 43A Application is also for the issue of a Planning Permit under Section 43C(1) of the Act (‘Subdivision’) for: Subdivision of the land to be zoned General Residential to create 61 residential lots, two road lots (Lots 101 and Lot 102), public open space lot (Lot 104), infrastructure servicing lot (Lot 105), footway lot (Lot 106) and a balance lot (Lot 200) shown on the following plan; Subdivision of part of 7368 Channel Highway, Cygnet to create Lot 103 which is a proposed road lot that will form part of the Channel Highway reservation (together with Lots 101 and Lot 102); and Works associated with the Subdivision on land referred to in the Section 43A Application on the following plan and in Table 3.
ASSESSMENT
12. Assessment of the application is set out in the Planning Assessment Report included in Attachment C6 to this Report and this includes assessment of the proposed rezoning (Draft Amendment) against the Act, the Southern Tasmania Regional Land Use Strategy, and relevant Policies.
13. Assessment of the associated Subdivision application is provided in Attachment C2. It is noted that a separate report on the proposed amendment to the Attenuation Code will be presented separately in a future report (further details of this code are provided within the Planning Assessment Report in Attachment C2).
Plan 1: Subdivision and staging plan; Locations of associated works including for works on 27 Esplanade, Cygnet - Plan V704UH: 4 (Annexure 1; Attachment B)
Minutes- Huon Valley Council Ordinary Meeting 30 September 2020 Page 727 Legislative Requirements
Land Use Planning and Approvals Act 1993 14. Under the transitional legislative provisions of the current Land Use Planning and Approvals Act 1993 (Schedule 6), the Section 43A Application is required to be assessed under former provisions of the Act that applied until 16 December 2015.
15. 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/
Initiation and certification of the Draft Amendment 16. A draft amendment to a planning scheme, if it is initiated by a decision of a planning authority under Section 34(1)(a) and certified under Section 35(2) of the Act, commences the formal statutory Planning Scheme amendment process.
Section 43A of the Act 17. If the Council initiates the Draft Amendment, it may consider an application for a Planning Permit as part of the same application and decide to issue a Planning Permit.
18. Sections 43A is as follows: 43A. Application for a permit when amendment requested (1) A person who requests a planning authority to amend a planning scheme may also request the planning authority to consider, in accordance with this Division, an application for a permit which would not be allowed if the planning scheme were not amended as requested.
(2) Where a planning authority has decided to initiate an amendment under section 33(3) , it may consider the application for a permit referred to in subsection (1) concurrently with the preparation of the requested amendment to the planning scheme.
(3) An application may be made for a permit under this section even if it could not be granted under the existing planning scheme.
Schedule 1 Objectives 19. In determining the application under Section 43A of the Act, Council is required to seek to further the objectives set out in Schedule 1 of the Act: Section 43C(1)(a). An assessment of Schedule 1 is set out in: This report regarding the Draft Amendment; and The Planning Assessment Report.
20. Consideration of the Schedule 1 Objectives are of particular importance because: Their consideration is mandatory under Sections 20 and 43C(1) of the Act in relation to both the Draft Amendment and draft Planning Permit; They are key objectives of the Act and also of the RMPS more broadly; There are other strategies and objectives to consider in the assessment relating to residential growth issues within the Cygnet Township. This includes the moderate growth strategy that applies to the Cygnet Township under the Regional Strategy which is referred to in the report below. There are also regional
Minutes- Huon Valley Council Ordinary Meeting 30 September 2020 Page 728 and local residential growth objectives in the Planning Scheme that require consideration.
21. As the Schedule 1 Objectives are sustainable development objectives they are of particular relevance regarding the supply and demand analysis issues raised in the SGS Reports. Therefore, the Schedule 1 Objectives have been given more significance or weight in the assessment of the Draft Amendment and the application under Section 43C(1) for a permit to issue for the Subdivision than some of the residential land strategies and Planning Scheme objectives. Specific reasons for this approach are set out in the report.
ENGAGEMENT:
Public Advertising
22 As required under section 38 of the Act a copy of the Draft Amendment and draft Planning Permit will be placed on public exhibition and advertised. This will be recommended for a 28 day period.
23. Any person may make a representation on the Draft Amendment and draft Planning Permit within the advertising period.
Internal Referrals
24. Council’s Development Engineer have provided advice and recommendations regarding the application which have been incorporated into the Planning Assessment Report.
External referrals:
25. 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
26. As outlined within the Attachment C6, it is considered the Section 43A Application for a Draft Amendment (PSA-2/2017) to amend the Planning Scheme: Is consistent with the requirements of Section 32 of the Act; Is, in accordance with 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 Section 35 of the Act;
27. It is therefore recommended the Draft Amendment in Annexure 9 (Attachment B) to the Planning Scheme be initiated and certified in accordance with the Act, and a Planning Permit be issued in accordance with Section 43C(1) of the Act for the Subdivision (SUB-36/2017) and associated works.
Minutes- Huon Valley Council Ordinary Meeting 30 September 2020 Page 729 REASONS FOR DECISION
28. The report on this item details the basis and reasons for the recommendation.
29. 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 the Judicial Review Act 2000 and the Local Government (Meeting Procedures) Regulations 2015.
17.020/20* RESOLVED CR DOYLE CR PRINCE
That: a) The report on a proposed amendment to the Huon Valley Interim Planning Scheme 2015 under former Section 43A of the Land Use Planning and Approvals Act 1993 to rezone part of the land at Lot 1 Channel Highway, Cygnet (CT: 167891/1) (“Property”) and other land and an associated development application (SUB-36/2017) for the subdivision of the property be received and noted. b) The Draft Amendment (PSA-2/2017) is, in accordance with former Section 30O(1) of the Land Use Planning and Approvals Act 1993, as far as practicable, consistent with the Southern Tasmania Regional Land Use Strategy 2011-2035. c) Council is satisfied the Draft Amendment (PSA-2/2017) (Annexure 9; Attachment B) is consistent with the requirements of former Section 32 of the Land Use Planning and Approvals Act 1993. d) Pursuant to the former Section 34(1)(a) of the Land Use Planning and Approvals Act 1993, the Council initiates the Draft Amendment (PSA-2/2017) to the Huon Valley Interim Planning Scheme 2015. e) Council is satisfied under the former Section 35(1) of the Land Use Planning and Approvals Act 1993 that Draft Amendment (Annexure 9; Attachment B)(PSA-2/2017) meets the requirements of former Section 32 of the Land Use Planning and Approvals Act 1993. f) 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- 2/2017) and authorises the General Manager to execute the instrument as required. g) That draft Planning Permit (SUB-36/2017) be issued under former Section 43C(1) of the Land Use Planning and Approvals Act 1993 for: . Subdivision of the Property to create 61 residential lots; other lots on the Property and Lot 101 and Lot 102; . Subdivision of CT: 136624/1, 7368 Channel Highway, Cygnet to create Lot 103; . Works on land shown on Plan 14 (V704UH-3&4) and Table 3 of the Section 43A Application.
Minutes- Huon Valley Council Ordinary Meeting 30 September 2020 Page 730 subject to the conditions set out in Attachment C(2) to this Report, subject to an amendment to the last sentence in Condition 3 to replace “DSG Council” with “Crown”. h) Draft Amendment (PSA-2/2017) be referred to TasWater in accordance with Section 56S of the Water and Sewer Industry Act 2008. i) Draft Amendment (PSA-2/2017) be publicly exhibited for a period of 28 days. j) For representations received by Council 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 representation received. k) 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 (PSA-2/2017); Council recommends that the Draft Amendment be approved. l) 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, Wilson, Prince, Lovell and O’May voted for the motion and no Councillors voted against the motion.
Minutes- Huon Valley Council Ordinary Meeting 30 September 2020 Page 731