Sorell Draft LPS to Include the First Three As Specific Area Plans Functioning As Local Overriding Provisions to Assist with the Implementation of This Policy

Tasmania Planning Scheme Local Provisions Schedule

June 2019 Updated April 2021

Contents Glossary – List of Abbreviations ...... 4 1.0 Introduction ...... 5 1.1 Purpose and Background ...... 5 1.2 The LPS Approval Process...... 7 1.3 Consultation ...... 9 1.4 Documenting support for the Sorell Council LPS ...... 9 1.5 Structure of this Report ...... 10 2.0 LPS Criteria – Section 34 of LUPAA ...... 12 2.1 Structure of (LPS) - State Planning Provision ...... 12 2.2 Contents of Local Provisions Schedule (LPS) as determined by Section 32 of LUPAA ...... 13 2.2.1 Municipal Area (32(2) (a)) ...... 13 2.2.2 Mandatory SPP requirements for an LPS (32(2) (b)) ...... 13 2.2.3 Spatial Application of the State Planning Provisions (32(2) (c)) ...... 13 2.2.4 Sections 11 & 12 of LUPAA ...... 14 2.2.5 Overriding Provisions (32(2) (I)) ...... 14 2.2.6 Modification of Application of SPP (32(2) (j)) ...... 14 2.2.7 Limitations of LPS (32(2) (k) & (l)) ...... 14 2.2.8 LPS may include (32(3), (4) & (5))...... 15 3.0 LPS Criteria – Section 34 ...... 15 3.1 Schedule 1 of LUPAA – Objectives (34 (2) (c) ...... 15 3.2 State Policies (s34 (2) (d)) ...... 22 3.2.1 State Policy on the Protection of Agricultural Land 2009 ...... 22 3.2.2 Tasmanian State Coastal Policy 1996 ...... 27 3.2.3 State Policy on Water Quality Management 1997 ...... 28 3.2.4 National Environmental Protection Measures ...... 28

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 1 of 308 3.3 Southern Tasmanian Regional Land Use Strategy 2010 – 2035 (STRLUS) (s34 (2) (e)) ...... 29 3.3.1 Assessment against STRLUS POLICIES ...... 29 3.4 Community Strategic Plan, (s34 (2) (f)) ...... 62 3.5 Adjoining Municipal Areas and Coordination (s34 (2) (g)) ...... 63 3.6 Gas Pipelines Act 2000 (s34 (2) (h) ...... 64 4.0 Local Land Use Strategies...... 64 4.1 Sorell Land Supply Strategy 2017 ...... 65 4.2 Dunalley & Environs Structure Plan October 2013 ...... 70 5.0 South East Regional Development – Economic Infrastructure Development Study 2015 ...... 73 5.1 Discussion ...... 73 6.0 Zones ...... 74 6.1 Application of Zones – Guidance Documents ...... 74 6.2 Summary of Changes & Transitional Provisions ...... 74 6.3 Zoning of Rural & Agricultural Areas ...... 103 7.0 Codes ...... 106 7.1 Signs Code ...... 106 7.2 Parking and Sustainable Transport Code ...... 106 7.3 Road and Railway Assets Code ...... 106 7.4 Electricity Transmission Infrastructure Protection Code ...... 106 7.5 Telecommunications Code ...... 106 7.6 Local Historic Heritage Code ...... 107 7.7 Natural Assets Code ...... 107 7.7.1 Future Coastal Refugia ...... 107 7.7.2 Waterway and Coastal Protection ...... 109 7.7.3 Priority Vegetation Area...... 110 7.8 Scenic Protection Code ...... 113 7.9 Attenuation Code ...... 113 7.10 Coastal Erosion Hazard Code ...... 114 7.11 Coastal Inundation Hazard Area...... 115 7.12 Flood-Prone Areas Code ...... 115 7.13 Bushfire Prone Areas Code ...... 116 7.14 Potentially Contaminated Land Code...... 117 7.15 Landslip Hazard Code ...... 117 7.16 Safeguarding of Airports Code ...... 117

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 2 of 308 8.0. Audit of Particular Purpose Zones (PPZs), Specific Area Plans (SAP) and Site Specific Qualifications (SSQs) ...... 118 9.0 Local Overriding Provisions (PPZ, SAP and SSQ) Particular Purpose Zones ...... 124 9.1 Particular Purpose Zone ...... 125 9.2 Specific Area Plans...... 126 9.3 Site Specific Qualifications ...... 136 10.0 Appendix ...... 148 10.1 Appendix 1 – Local Provisions Schedule...... 148 10.2 Appendix 2 – Comparison of SIPS 2015 to SPP’s Zone Conversion ...... 267 10.3 Appendix 3 – Regional Ecosystem Model - Summary of the Regional Ecosystem Model of Tasmanian biodiversity including Example of Priority Vegetation Area Planning Report ...... 307 10.4 Appendix 4 – Bushfire Prone Areas TasFire Supporting Report ...... 307 10.5 Appendix 5 – Mapping of the Agriculture and Rural Zones including Guidelines and Decision Tree, Guidelines for identifying areas of interest and Agriculture Mapping Comments from AK Consulting ...... 307 10.6 Appendix 6 – Sorell Council Strategic Report ...... 307 10.7 Appendix 7 – Dunalley & Environs Structure Plan 2013 ...... 307 10.8 Appendix 8 – Sorell Land Supply Strategy 2017 - Stage 1 and 3 Reports...... 307

11.0 Addendum to Supporting Planning Report 139

11.1 Introduction 139

11.2 Specific Area Plans 140

11.3 Transitioning Particular Purpose Zones 141

11.4 Transitioning Site Specific Qualifications 141

11.5 Codes 141

11.6 Applied, Adopted or Incorporated Documents 143

11.7 Zone Changes 143

Approved by Sorell Council Insert date

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 3 of 308

Glossary – List of Abbreviations

ALMP Agricultural Land Mapping Project

Commission Tasmanian Planning Commission, the independent body responsible for approval of the SPP’S and LPS

LUPPA Land Use Planning and Approvals Act 1993

LPS Local Provisions Schedule

1993 Scheme The Sorell Planning Scheme 1993, which was is place prior to the current SIPS

PPU Planning Policy Unit, the State Department of Justice responsible for the SPP’S

RMPS Resource Management and Planning System, the suite of legislation that governs resource management and includes LUPPA

SAP Specific Area Plan

SIPS 2015 The Sorell Interim Planning Scheme 2015, which is the current planning scheme

SPP State Planning Provision

SSQ Site Specific Qualification

STRLUS Southern Tasmanian Regional Land Use Strategy

THC Tasmanian Heritage Council

TPS Tasmanian Planning Scheme being the statewide planning scheme

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 4 of 308 1.0 Introduction

1.1 Purpose and Background This report provides the supporting documentation that accompanies the Sorell Council draft Local Provisions Schedule (LPS) and demonstrates that the LPS meets the criteria as set out in section 34(2) of the LUPAA.

The LPS is formally presented to the Tasmanian Planning Commission (Commission) under section 35(1) of the Land Use Planning and Approvals Act 1993 (LUPAA) for assessment and approval by the Minister of Planning for the subsequent public exhibition.

The amendments to the LUPAA established the State Planning Provisions which provides the guidelines and rules which all Council based planning authorities must comply with when developing their respective local component of the planning scheme, being the LPS, for their municipality.

The Tasmanian Planning Scheme (TPS) is the latest in a series of statewide land use planning reforms over the past 10 years whereby every planning scheme across the State is intended to be consistent in policy and operational provisions. This current iteration builds upon the successful regional planning model which resulted in our current Sorell Interim Planning Scheme 2015, standard urban development controls through Planning Directives 4 & 4.1 and in the southern region our Southern Tasmanian Regional Land Use Strategy (STRLUS).

Whilst the SPP document has been developed by the Commission and approved by the Minister for Planning the LPS must be developed by each Council and then the combination of both documents forms the Tasmanian Planning Scheme applicable to the relevant Council municipal / planning scheme area. To complete the LPS, Councils must, following approval by the Commission, undertake public consultation and subsequent public hearings undertaken by the Commission and then approval by the Minister (see figure 1).

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 5 of 308 Purpose and objectives

Administrative Provisions

Exemptions State Planning Provisions General Provisions

Zone provisions

Code provisions Tasmanian Planning Scheme Planning Tasmanian Zone and overlay maps and lists (indicating where the zones andf codes apply)

Local area objectives Local Provisions Schedules (for each council area) Particular Purpose Zones

Specific Area Plans

Site specific qualifications

Figure 1. Tasmanian Planning Scheme hierarchy (source: www.planningreform.tas.gov.au)

It should be noted that this new planning scheme is to a large extent similar to Councils current interim scheme in form and function. There are however some differences between the current interim scheme and the new state wide scheme for example there are more significant changes taking place in rural areas due to the introduction of new Agriculture and Rural Zones.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 6 of 308 1.2 The LPS Approval Process The major steps of the process are:

 Preparation of the LPS by each Council (i.e. zone maps, hazard code overlay maps, Particular Purpose Zones and may include Specific Area Plans). This preparation is supported by a number of bodies and guidelines including:

- Ministerial Guideline No 1. on LPS zone and code application; - Ministerial Advisory Statement – Transitional Arrangements for Existing Provisions; - State level ‘scientific’ mapping of potential agricultural land, waterways and wetlands, electricity transmission easement, climate change refugia mapping, coastal inundation hazard areas and coastal erosion hazard areas applied through zones and code overlays; - Planning Policy Unit Agricultural Land Mapping Project: Background Report May 2017 which mapped state-wide potential agricultural land ; - A series of Practice Notes prepared by the Tasmanian Planning Commission; - A series of information sessions conducted by delegates and staff of the Tasmanian Planning Commission; - The Technical Reference Group comprising Southern Tasmanian Local Government Planners; and - A Regional Ecosystem Model developed by Natural Resource P/L identifying priority vegetation, which was coordinated in the south by the Technical Reference Group.

 Pre-exhibition submission and meeting with the Tasmanian Planning Commission.

 Approval by the Tasmanian Planning Commission to formally exhibit the LPS.

 60 days of public exhibition allowing representations to be made directly to Councils.

 Council report in response to public representations to the Commission.

 Tasmanian Planning Commission hearings.

 Tasmanian Planning Commission decision / approval.

It is difficult to estimate a timeframe for completion given the abovementioned steps. It is however reasonable to expect that the formal steps will take at least 12 months starting from the completion of a LPS by Council.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 7 of 308

Figure 2 The LPS approval process flowchart

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 8 of 308

1.3 Consultation There is no requirement for informal consultation with the community prior to the formal public exhibition.

Unlike the process involved with the development of our current interim planning schemes, public exhibition must occur prior to the approval of the new scheme. The Tasmanian Planning Commission will also specify which public agencies must be formally consulted but would generally include StateGrowth and TasWater.

However, informal consultation has occurred with the departments of StateGrowth, Education Department and with TasWater and NRM South;

 TasWater was consulted in May 2018 and following discussions it was determined that only one property would need to be rezoned to Utilities from its current zoning of Low Density Residential in SIPS 2015. The property is Volume 123265/7 at Lot 7 Weston Hill Road, Sorell and is improved by a “break pressure tank”. The email dated 7 May 2018 further stated “in essence we will want all land containing “Utilities” (as defined in the scheme; reservoirs, dams, treatment plants etc.) zoned as such – regardless of current zoning, and are not requiring any overlays at this stage, relying soleing (sic) on the Attenuation Code”.

 StateGrowth have provided information comprising road casement information / mapping which will continue to be zoned Utilities for identification of their infrastructure. A decision has been made to translate the urban corridor particular purpose zone as currently shown in the Sorell Interim Planning Scheme 2015 (SIPS) to better identify and protect the intended use.

 Education Department responded by stating that they had no concerns of my intention to translate over the existing Community Purpose zone (for schools) relevant to your department for the Sorell, Dodges Ferry and Dunalley Schools as currently shown in the Sorell Interim Planning Scheme 2015 (SIPS).

 NRM South has been contacted however have not to date provided a response.

1.4 Documenting support for the Sorell Council LPS The relevant documents that support Sorell Council’s LPS have been sourced from the Tasmanian Government websites including www.planningreform.tas.gov.au & www.planning.tas.gov.au and includes:

 The State Planning Provisions (SPP)  Section 8A Ministerial Guidelines on the application of zones and codes (i.e., advice/ guidelines and rules on applying the SPP);  Minister’s Advisory Statements;  Tasmanian Planning Commission Practice Notes;

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 9 of 308  The Southern Tasmanian Regional Land Use Strategy which provides an overview of the region, key issues and key regional scale policies to implement in schemes and infrastructure delivery. It is noted that this document is in need of review as does any strategic document but especially given its regional nature;  Mapping of potential agricultural land project outcomes;  Mapping of electricity transmission lines, substations and communication infrastructure from TasNetworks;  Mapping from the state of risk hazard overlays including; - future coastal refugia; - wetlands and waterways; - coastal inundation hazard areas; and - coastal erosion hazard areas;  Bushfire Prone Areas TasFire Supporting Report including Mapping; and  Mapping to safeguard safe operations of airports.

From Council

This document details in the appendix those documents that support this report including;

 Specific strategic plans including the Dunalley & Environs Structure Plan 2013 and the Sorell Land Supply Strategy 2017; and  A comparison between the current Sorell Interim Planning Scheme 2015 to the SPP Zone and Codes;  Mapping of the Agriculture and Rural Zones Guidelines including comments on Areas of Interest from AK Consulting;  Mapping of priority native vegetation, derived from the Regional Ecosystem Model and associated project coordinated by the Southern Tasmanian Council’s Authority for the Southern Region. It is noted that the same consultant has been engaged in the northern and north-west regions to produce a similar outcome.

1.5 Structure of this Report This report provides a technical compliance statement on how the draft LPS is considered to comply with the requirements of the Land Use Planning and Approvals Act 1993 (LUPPA) and State Policies, Southern Regional Land Use Strategy and Sorell Council Community Strategic Plan in Sections 2 & 3.

This report provides a summary of Sorell Council Local Land Use Strategies in Section 4 including reference to the Sorell Land Supply Strategy 2017, Dunalley and Environs Structure Plan 2013. Section 5 discusses the South East Regional Development - Economic Infrastructure Study 2015 which also inform various provisions of the LPS.

In Section 6 there is a summary of how the zones have been applied in the draft LPS including proposed zone changes due to changes in zone allocation in the SPP e.g. changes to the agricultural zones, the removal of the Environmental Zone and local strategic studies.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 10 of 308 In Section 7 there is a summary of the manner in which the Codes and associated overlay maps have been developed and used within the LPS.

In Section 8 there is discussion on the audit undertaken by the State concerning (where appropriate) Particular Purpose Zones, Specific Area Plans and Site Specific Qualifications in the current SIPS 2015 document which identifies those that are and not subject to the transitional provisions of the Act.

In Section 9 there is discussion on new local overriding provisions including Particular Purpose Zones, Specific Area Plans and Site Specific Qualifications which are put forward for inclusion including justifications.

There are also a number of Appendices supporting the draft LPS including -

 Appendix 1 – Local Provisions Schedule;

 Appendix 2 – Comparison of SIPS 2015 to SPP Zone and Code Conversion;

 Appendix 3 – Regional Ecosystem Model - Summary of the Regional Ecosystem Model of Tasmanian biodiversity including Example of Priority Vegetation Area Planning Report

 Appendix 4 – Bushfire Prone Areas TasFire Supporting Report;

 Appendix 5 – Mapping of the Agriculture and Rural Zones including Guidelines and Decision Tree, Guidelines for identifying areas of interest and Agriculture Mapping Comments from AK Consulting;

 Appendix 6 – Sorell Council Strategic Report

 Appendix 7 – Dunalley & Environs Structure Plan 2013 – local strategic document;

 Appendix 8 – Sorell Land Supply Strategy 2017– local strategic document;

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 11 of 308 2.0 LPS Criteria – Section 34 of LUPAA

The following section provides a statement of compliance against the relevant provisions and criteria of the Land Use Planning and Approvals Act 1993 (LUPPA). 2.1 Structure of (LPS) - State Planning Provision

Section 34(2) of LUPAA requires that a LPS must contain provisions (i.e. the zones and codes) as specified at Clause LP1.0.

The Sorell LPS contains the mandatory requirements of the SPP which together with optional components is discussed below under the relevant heading. It is considered that this LPS has been prepared in accordance with the amended Guideline No. 1 – Local Provisions Schedule Zone and Code Application issued by the Commission on 6 June 2018.

The TPS document is composed of the following -

• State Planning Provisions (SPP) which contains the development controls and standards for the 24 zones and 16 Codes developed by the Commission that may be selected by each Council; and • The Local Provisions Schedule (LPS) and as stipulated in Section 34(2) of the LUPAA requiring that a LPS, which each individual Council develops, must contain all of the provisions (where applicable) that the SPP specify including Section LP1.0 which outlines the following requirements; • Land Use Zoning Maps; • Local Area Objectives; • Particular Purpose Zones; • Specific Area Plans; • Site Specific Qualifications; • Codes and associated Overlay Maps which in the case of this LPS includes the following; • Signs Code with no associated Overlay; • Parking and Sustainable Transport Code with no associated Overlay; • Road and Railway Asset Code showing future roads/railways and/or a road/railway attenuation area. Such overlays are not used. • Electricity Transmission Infrastructure Protection Code showing overlay map of buffer areas for electricity transmission infrastructure including transmission corridors (overhead wires) and sub-stations provided by TasNetworks with an Overlay • Telecommunications Code with no associated Overlay; • Local Historic Heritage Code showing local listed places with an overlay translating from SIPS 2015; • Natural Assets Code showing overlay mapping of refugia, waterway and coastal protection areas prepared and provided by the State and priority vegetation prepared on behalf of the State; • Scenic Protection Code showing scenic protection areas translating from SIPS 2015; • Attenuation Code with no associated Overlay; • Coastal Erosion Hazard with an Overlay using State data;

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 12 of 308 • Coastal Inundation Hazard Codes showing coastal hazard area with an Overlay using State data ; • Flood Prone Areas Hazard Code with local overlays; • Bushfire Prone Areas Code showing the bushfire prone hazard areas with Overlay used from TasFire; • Potentially Contaminated Land Code with no associated Overlay; • Landslip Hazard Code showing landslip hazard areas with Overlay used • Safeguarding of Airports Code showing the noise exposure contours and the obstacle limitation surfaces for noise exposure contours and the obstacle limitation surfaces for airports prepared and provided by the Hobart Airport Authority with Overlay used.

Specific Area Plans

• SOR-S1.0 Potential Dispersive Soils • SOR-S2.0 Southern Beaches Onsite Wastewater Management • SOR-S3.0 Stormwater Management • SOR-S4.0 Dunalley Low Density Residential • SOR-S5.0 Connellys Marsh Low Density Residential

Particular Purpose Zones

• SOR-P1.0 Particular Purpose Zone – Future Road Corridor • SOR-P2.0 Particular Purpose Zone – Dunalley Marina

2.2 Contents of Local Provisions Schedule (LPS) as determined by Section 32 of LUPAA Section 32 provides a list of matters that an LPS must, or may, contain. These are addressed in turn.

2.2.1 Municipal Area (32(2) (a)) That the LPS applies to the Sorell Council municipal area in accordance with the SPP’S template which includes adjoining coastal waters.

2.2.2 Mandatory SPP requirements for an LPS (32(2) (b)) The mandatory requirements are adopted in full.

2.2.3 Spatial Application of the State Planning Provisions (32(2) (c)) Sections 32(2)(c) & (e) requires that a LPS must contain maps, overlays, lists or other provisions that provide for the spatial application (mapping) of the SPP with section LP1.0 outlining the manner in which this is to occur.

It is considered that the LPS has been prepared in accordance with the application and drafting instructions included in the SPP and in Guideline No.1 - Local Provisions Schedule Zone and Code Application issued by the Commission.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 13 of 308 2.2.4 Sections 11 & 12 of LUPAA Section 11 & 12 of LUPPA (formerly section 20) outline the matters that a planning scheme may, or may not, regulate and makes reference to the Tasmanian Planning Scheme (TPS). It is considered that this LPS has been prepared in a manner consistent with Clauses 11(2), 11(3) & 11 (4).

The LPS does not propose any provisions that refer to a code of practice (11(6)) and there are no proclaimed wharf areas in the municipal area.

Section 12 recognises the continuing use and development rights for those uses and developments that were in existence before new planning scheme provisions take effect, or that have been granted a permit but have not yet been completed.

2.2.5 Overriding Provisions (32(2) (I)) The LPS provides overriding local provisions in the form of a Particular Purpose Zone and Site Specific Qualifications as a translation that exists in the present SIPS 2015, which modify or substitute some provisions of the SPP together with new Specific Area Plans. However it should be noted that the LPS aims to achieve as much consistency as possible with the SPP.

Most overriding provisions are protected under the transitional arrangements in which Particular Purpose Zones, Specific Area Plans and Site Specific Qualifications that exist as of December 2015 can automatically carry forward with the consent of the Minister. The Planning Policy Unit has undertaken an audit of such matters including site specific qualifications and has advised as to whether they are or not subject (with reasons) to the transitional provisions under Schedule 6, Clause 8 (1) of LUPAA.

2.2.6 Modification of Application of SPP (32(2) (j)) The LPS does not seek to modify application of the SPP as applied to land, use and development in accordance with the directions prescribed in Section LP1.0 of the SPP’S’s and in consideration of Ministerial Guideline No.1.

However It is proposed to introduce local provisions in the form of a translation of an existing Particular Purpose Zone, new SAP’s and translation of existing SSQ’s with each provided with a rationale required for such provisions under section 32 (4) and described in this report in Section

2.2.7 Limitations of LPS (32(2) (k) & (l)) The provisions at Sections 32 (2) (k) & (l) require a LPS to not include provisions that:

- the SPP’S specifies cannot be included in an LPS; - otherwise exist in the SPP’S; and - are inconsistent with the SPP’S.

It is considered that the draft LPS is compliant with these limitations.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 14 of 308 This report has accepted the outcomes of the audit by the Planning Policy Unit with respect to whether some aspects of the IPS would be subject to the transitional provisions under Schedule 6, Clause 8(1) of LUPAA.

2.2.8 LPS may include (32(3), (4) & (5)) The LPS may include particular purpose zones, specific area plans and site specific qualifications.

These are considered to be necessary from a local perspective including some translations from the SIPS 2015 and a number of SSQ’s have been audited by the PPU and deemed appropriate.

Section 32 (4) provides a merit based test of what a LPS may include through the use of a particular purpose zone, specific area plan or site specific qualifications. For a LPS to include these provisions, it must be shown that:

(a) a use or development to which the provision relates is of significant social, economic or environmental benefit to the State, a region or a municipal area; or

The main consideration under (a) is that there is a significant benefit to social, economic and environmental factors to the Sorell municipal area. In terms of (b) the test is whether there are unique qualities to an area that require additional planning provisions. For both (a) and (b) the tests of significance and uniqueness create a threshold for justifying provisions that are to override the SPP’S and this document will put forward such occurrences and the justification for such variations.

3.0 LPS Criteria – Section 34

3.1 Schedule 1 of LUPAA – Objectives (34 (2) (c) Schedule 1 of LUPAA provides the objectives of the Resource Management and Planning System of Tasmania (Part 1) and the objectives of the Planning Process (Part 2). A Planning Scheme is to meet the overarching objectives of the Act, which places a particular emphasis on ‘sustainable development’ which is defined in the Act as;

“managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural well-being and for their health and safety while:

a) Sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and

b) Safeguarding the life supporting capacity of air, water, soil and ecosystems; and

c) Avoiding, remedying or mitigating any adverse effects of activities on the environment.”

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 15 of 308 The definition of sustainable development is expanded further through the various Schedule 1 Objectives of LUPAA. The LPS must implement sustainable development whilst also applying the SPP’S within the constraints of LUPPA.

LUPAA does provides for overriding provisions to be included in a LPS, subject to meeting the criteria of section 32(4), which can also relate to the objectives in Schedule 1. The two components effectively work together to establish the rationale for inclusion of Particular Purpose Zones, Specific Area Plans and Site Specific Qualifications in a LPS.

The following provides an overview of how the LPS will address the sustainable development objectives in Part 1 of LUPAA.

Objective: (a) To promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity.

Under the Tasmanian Planning Scheme, the LPS must ensure that the SPP will achieve sustainable outcomes. The LPS provides protection to natural and physical resources by the introduction and operation of the Natural Assets Code by:

o protecting natural watercourses and wetlands, in a manner similar to the operation of the current Sorell IPS;

o having regard to future coastal refugia areas; and

o using the best available data and method to prepare the priority vegetation mapping through the Regional Ecosystem Model.

The LPS includes a map overlay for priority native vegetation protection through the Natural Assets Code, based on the Regional Ecosystem Model. (Refer Section 7.7.3 and Appendix 3 of this report). The overlay is the mechanism whereby important habitat has been identified. Sorell has gone further in working with a GIS consultancy, Insight GIS, to develop a reporting generating ability which interrogates the REM data in the GIS layers providing a property based map and report on the priority vegetation to better define the data both spatially and texturally.

It is noted that the SPP’S’s do not allow the application of the Code to all zones and in particular does not allow consideration of the priority vegetation mapping in the Agriculture Zone, which makes up the largest area in the Sorell municipality.

Notwithstanding this there is still compliance requirements under the Forest Practices System, which applies to land clearing for agriculture, and the Threatened Species Protection Act 1995 which applies to any threatened species regardless of what provisions apply in a planning scheme.

However, the resultant limitations of the SPP sees vegetation removal in the Agriculture Zone effectively exempt from the consideration of potential negative impacts in the planning assessment regardless of any conservation value. The operational effect of the SPP is that vegetation removal otherwise identified in the overlay in the Agriculture Zone (REM) for non-agricultural uses such as visitor accommodation, dwellings or other buildings would not be subject to any assessment where

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 16 of 308 it is for a building, as clearance for building development is exempt from approval under other legislation such as for forest practices and it may not relate to threatened species legislation either.

It is acknowledged that the purpose of the Agriculture Zone is logically to facilitate agricultural activities. However agricultural landscapes are often together with areas of native vegetation with variable levels of conservation significance. It is considered not practical to exclude such areas from the Agricultural Zone nor possible under the structure of the SPP’S and associated guidelines unless determined that the land is better zoned as Rural. This will be further discussed under the allocation of “rural” zones later in this report.

The LPS would also see the continuation of the application of the Environmental Management Zone primarily to public lands and coastal waters including the Orielton Lagoon (RAMSAR site).

Objective: (b) to provide for the fair, orderly and sustainable use and development of air, land and water.

With the exception of the two new rural zones and the removal of the Environmental Living zone, the LPS would also see some strategic changes to the zoning of land from the current interim planning scheme but would be proposed in an orderly and strategic manner.

Within townships, some strategic changes are proposed and these are specifically identified and justified in Section 4.0.

In rural areas, the Rural Zone, Agriculture Zone and Landscape Conservation Zone are essentially new zones. Use and development control within each zone is established by the SPP, and the application of the zones informed by Ministerial Guidelines.

As the Environmental Living zone is no longer available this has required a strategic re-assessment to allocate the most appropriate zoning for such properties based on the use classes and development standards as well as the intent of the newly allocated zones.

Attachments to this report provide a summary of changes between the IPS and the SPP which, among other elements, identifies where use rights (permitted or discretionary) vary.

Sorell is also proposed a number of Special Area Plans responding to the sustainable needs of the local community including;

o potential dispersive soils; o onsite waste water management in the Southern Beaches; and o stormwater management;

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 17 of 308 Objective (c) to encourage public involvement in resources management and planning.

The LPS will be subject to a statutory public exhibition period of 60 days in accordance with Section 35 (c) of LUPAA which allows public input into the development of the LPS, see figure 2 above “the LPS approval process flowchart”.

Objective: (d) to facilitate economic development in accordance with the objectives set out in paragraphs (a), (b) and (c).

The State government has stated that the policy behind the drafting of the SPP is to apply regulation only to the extent necessary, thereby decreasing regulatory controls by ‘cutting red tape’. The purpose of doing this is to facilitate economic development and certainty.

In addition to the respective zones and codes within the SPP there are also a limited number of translated and new particular purpose zones, specific area plans and site specific qualifications in the LPS to facilitate economic development delivered in a sustainable manner as required in the abovementioned objectives.

Objective: (e) to promote the sharing of responsibility for resource management and planning between the different spheres of Government, the community and industry in the State.

The LPS will have both informal and formal input from State Government agencies including the Tasmanian Planning Commission, State Growth, TasWater, the Education Department and NRM South, It is noted that these bodies have already been informally approached and their responses have been noted and where applicable included in the preparation of this LPS.

The SPP is structured to also take into account the roles of other jurisdictions in the assessment of land use, such as the Forest Practices System. The LPS does not seek to undermine this policy in the application of the SPP and the drafting of local overriding provisions.

The LPS, with particular note of the zones, has been informed by strategic planning processes undertaken by Sorell Council including the development and delivery of the Sorell Interim Planning Scheme 2015 and associated strategic planning documents. These strategic processes have involved community, industry, local and state government involvement and consultation.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 18 of 308 The following provides responses to the Objectives of Part 2 in LUPAA.

Objective: (a) to require sound strategic planning and co-ordinated action by State and local government.

The STRLUS is the regional strategic planning document for the Southern Region and whilst overdue for review has also been considered in the allocation of zones, hazard mapping and the introduction of overriding provisions in this LPS.

It is proposed that the TPS will incorporate Council and State strategic planning, including the identification of risk hazards and associated thematic maps. There has also been consultation with other government agencies for example Tasmania Fire Service in the development of the Sorell Bushfire Prone Area mapping, and TasWater concerning the zoning of their water and sewerage infrastructure.

Southern Council planners have continued to work collaboratively to obtain guidance and mapping as evidenced by their engagement of;

o an agricultural consultant AKC consultants; and o ecological consultant Rod Knight.

Objective: (b) to establish a system of planning instruments to be the principle way of setting objectives, policies and controls for the use, development and protection of land;

The Tasmanian Planning Scheme is establishing a system for the State’s planning instruments that aims to deliver state-wide consistency and uniformity in the objectives, policies and controls for the use and development of land by prescribing common state wide content.

Objective: (c) to ensure that the effects on the environment are considered and provide for explicit consideration of social and economic effects when decisions are made about the use and development of land.

The SPP include a range of zones and codes that provide for consideration and assessment of potential environmental impacts.

With the exception of some concerns as to the omission of priority vegetation area consideration in the agricultural zone and the effect of standardised development control within urban areas, the LPS will apply zones in a manner that considers environmental, social and economic outcomes.

Sorell is also proposed a number of Special Area Plans responding to the environment in order to facilitate sustainable development including those relating to;

o dispersive soils; and o on-site waste water management and stormwater management in the Southern Beaches.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 19 of 308 Objective: (d) to require land use and development planning and policy to be easily integrated with environmental, social, economic, conservation, and resource management policies at State, regional and municipal levels.

The SPP has been drafted by the State, in the context of compliance with State policies.

The Act requires that a draft LPS must demonstrate compliance with State Policies, the policies of the STRLUS, and may include local overriding provisions where the need is justified under the criteria of Section 32(4) all of which is considered to have been achieved.

The LPS has been informed by the recent local strategic plan for the Sorell Municipality through the Sorell Land Supply Strategy 2017.

Furthermore following the devastating bushfires in 2013 Sorell Council, through state government funding, developed the Dunalley & Environs Structure Plan to guide development in the township with due respect of environmental, social, economic issues and with a clear mandate of the local community. This LPS is informed by this document.

Objective: (e) to provide for the consolidation of approvals for land use and development and related matters, and to co-ordinate planning approvals with related approvals.

The approvals process is prescribed by LUPAA by which the planning scheme regulates the level of and limits of assessment and approval through the consideration of exemptions, land use classifications and associated level of assessment (No permit required, Permitted, Discretionary or Prohibited status) and development standards.

Objective: (f) to secure a pleasant, efficient and safe working, living and recreational environment for all Tasmanians and visitors to Tasmania.

The SPP through the available zones and codes takes into account the existing amenity of local areas and manages the risk associated with hazards associated with various use activities by:

o Providing hazard mapping often with specific hazard bands relating to the degree of risk;

o Providing sufficient zoning for residential, commercial and industrial uses in settlements;

o Providing the Recreation & Open Space Zones where appropriate;

o Identifying major roads for protection including the allocation of Road Attenuation Areas for future major roads;

o Applying appropriate zone and code use and development controls (and associated mapping) for key public infrastructure provided by TasWater and TasNetworks; and.

o Applying scenic protection provisions including scenic values and management objectives to important existing scenic areas translated from SIPS 2015.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 20 of 308 Objective: (g) to conserve those buildings and areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value.

The Local Heritage Code retains all existing local heritage listings that are currently listed in the Sorell Interim Planning Scheme 2015.

There are no State Heritage listed properties included in the LPS as these are considered to be best administered by the Tasmanian Heritage Council (THC) and listed on the Tasmanian Heritage Register, which has a statutory referral process for development applications to the THC which is formally linked to LUPAA.

Council will also retain a list of state listed heritage properties as a non-statutory layer to assist with the joint assessment of such properties as required for consideration under LUPAA.

Objective: (h) to protect public infrastructure and other assets and enable the orderly provision and co-ordination of public utilities and other facilities for the benefit of the community.

All major public infrastructure are located in either the Utilities Zone or Community Purpose Zones, and considered under the relevant Road and Rail Assets Code, Safeguarding of Airports Code and the Electricity Transmission Infrastructure Protection Code.

It is however considered that the SPP does not provide the same consideration of stormwater infrastructure that the current SIPS 2015 had provided. It could be possible that development occurs that exceeds the capacity of existing stormwater infrastructure potentially leading to external costs being borne by ratepayers or conflicts on Stormwater Authority obligations under the Urban Drainage Act.

Consequently it is proposed to introduce a Stormwater Management SAP to protect off site stormwater impacts on both private land and public infrastructure for the benefit of the whole community.

Objective: (i) to provide a planning framework which fully considers land capability

The State’s ‘Land Potentially Suitable for Agriculture Layer’ is a direct outcome of the agricultural estate project which has taken into account matters relating to use of potentially farming land including consideration of land capability and sustainable farming practices.

The LPS has also examined at a more local level the potential constraints to the undertaking of agricultural activities as prescribed in the SPP. The LPS proposes local overriding provisions for some properties to address potential constraints which has been undertaken in conjunction with agricultural consultants AK Consulting. This assessment has taken into consideration local circumstances not addressed by the state wide mapping project that was acknowledged by the authors of the agricultural estate project report. It is also proposed to provide additional local overriding provisions in the LPS in some areas to address land constraints including the provision of

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 21 of 308 two local SAP’s for Dispersive Soils and Southern Beaches Onsite Wastewater and Stormwater Management respectively.

3.2 State Policies (s34 (2) (d)) Section 34(2) (d) of LUPAA requires that a LPS be consistent with each State Policy as described under Section 11 of the State Policies and Practices Act 1993. There are three State Policies and a number of National Environment Protection Measures (NEPM’s), having the effect of being State Policies, which are considered and addressed below.

3.2.1 State Policy on the Protection of Agricultural Land 2009 The purpose of this State Policy is to “conserve and protect agricultural land so that it remains available for the sustainable development of agriculture, recognising the particular importance of prime agricultural land”. The stated objectives are to enable the sustainable development of agriculture by minimising:

(a) conflict with or interference from other land uses; and

(b) non-agricultural use or development on agricultural land that precludes the return of that land to an agricultural use.

There are eleven defined principles that support the policy relating to the identification of valuable land resources and the matters that are to be implemented through planning schemes. It is understood that the SPP were developed with regard to the principles of the PAL Policy in particular to the development of the Rural and Agriculture Zone provisions. The requirement to apply these zones to farming land necessitates an appropriate analysis of land resources and capability to determine which “agricultural” zone is the most appropriate.

The Ministerial Guidelines No. 1, which is available at www.planningreform.tas.gov.au, sets criteria as to when a zone can or can’t be applied and incorporates the results of the Agricultural Land Mapping project that was developed for the State Government. This mapping project identified land that was potentially suitable for inclusion in the Agriculture Zone based on modelling such as crop suitability (based on soil, climate & topography) and water supply. It also specifically identified lots that were considered to be “agriculturally” constrained by such factors as having a small lot size, presence of existing non-agricultural land use such as houses (based on capital value per ha) or proximity to residential zonings. In particular the Guideline states that a Council may also have regard to any agricultural land analysis or mapping undertaken at a local or regional level for part of the municipal area which:

(i) “incorporates more recent or detailed analysis or mapping; (ii) better aligns with on-ground features; or (iii) addresses any anomalies or inaccuracies in the ‘Land Potentially Suitable for Agriculture Zone’ layer. “

Subsequently in determining the appropriate “agricultural” zone, Council’s task was to locally assess and include responses to the criteria set out in the abovementioned guideline

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 22 of 308 The State’s Agricultural Land Mapping project has clearly taken a “conservative” approach, evident by increased areas designated in Sorell to be zoned Agriculture, giving each lot every opportunity to be classified as potential agricultural land. Further analysis of this State layer has been undertaken for this LPS to determine which land is appropriate for the Agriculture Zone on a local level including input by agricultural consultants AK Consulting and is discussed further in Section 6.5.

It is noted that in rural areas, one of the following three zones can be readily used without necessarily looking at an active rezoning and includes:

- Agriculture Zone which provides for agricultural activities and uses that support agriculture as the principle use of the land; - Rural Zone which provides for a wider range of uses where agricultural potential is limited, such as forestry (includes State forestry plantations or private timber reserves), or to existing uses that have operational requirements such as attenuation buffers or require separation from other uses, such as extractive industries. It can also be used for lots that are ‘constrained’ in terms of agricultural use, such as clusters of smaller titles or lots adjoining settlements so as to provide a buffer between residential and agricultural uses. There may also be other constraints and or hazards that may limit the agricultural potential of the land.; and - Landscape Conservation Zone which provides for the protection and management of landscapes for scenic or conservation purposes.

The State methodology excluded certain land uses, such as forestry, and also identified characteristics that resulted in selected areas to be identified as ‘constrained’. Typically, constrained areas may be characterised as clusters of smaller titles and/or areas at the periphery of rural settlements.

Further analysis undertaken by AK Consultants on behalf of the Southern Region, sought to identify land use patterns that are consistent with areas that were identified as not being suitable for agriculture i.e. not primarily incorporated into the Agriculture Zone. This ensures that the spatial application of zoning is consistent on the ground and that the same land uses are not subject to different rules. Whereas the Rural Zone is described in Guideline No.1 as being applied to land with limited or no potential for agriculture with the zone purpose reflecting rural uses that are not agriculture. Supporting guidelines were developed which included a decision tree for mapping agriculture and rural zones and for identifying areas of interest are included in appendix 5. A closer examination was undertaken on a municipal basis to consider those properties shown in the Agriculture Zone that are currently under some form of agricultural constraint. These may include the existence of native vegetation, forestry or conservation covenants or, at face value, have limited agricultural potential due to land capability classification, other hazards and past or current land use having regard to the following;

 Constraints as identified in the State assessment which includes matters that would reduce or limit the type or scale of existing or potential agricultural activity such as other primary use such as residential on a smaller lot or adjoining residential zone;

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 23 of 308  Land capability classification that incorporates a number of characteristics including climatic, wetness and soil limitations, erosion and complex topography. If slope is greater than 1 in 5 (and is often further reflected by landside hazard mapping) this reflects practical limitations on agriculture and generally align with existing native vegetation cover or forestry given the practical limitations. For example Class 6 land “… has severe limitation for agricultural uses” and is an important indicator of agricultural constraints and deemed to be one better allocated to a Rural Zone.

 If land is used for extractive industries such as level 2 quarrying, forestry or subject to a Private Timber Reserve, apply the Rural Zone.

 Existing use is a good indicator of agricultural potential in combination with matters such as land capability classification, lot size, and connectivity and title size.

These four criteria have been applied with some flexibility and should not be viewed as an arbitrary rule set. The overriding objective is to establish areas of zones that are broadly consistent in topography, slope, vegetation and use, and that apply across a large area of land so that there is minimal change in zone across the municipal area. Zoning must reflect a consistent land use pattern within the zone that aims to achieve the best use of the land.

It is important to note that of the three zones below, the agriculture zone is likely to be the largest by land area within the Sorell municipality. The following outlines the key differences between the zones and the rationale on how they have been applied.

Agriculture Rural Landscape Conservation

Intent To provide for agricultural activities To provide for less To protect and avoid unrelated non- significant agriculture as landscapes for agricultural activities. well as rural activities, scenic and natural forestry & quarries. values.

Subdivision Limited potential. Subdivision must Limited potential. Limited potential. either: Subdivision must either:

• provide for an agricultural use, • provide a 40ha or minimum lot size with 50ha minimum lot • excise an existing dwelling or discretion for smaller size that may be visitor accommodation building (but cannot be for a reduced to 20ha. subject to a prohibition on the residential or visitor development of a house on the accommodation use), balance lot. or • excise an existing dwelling or visitor accommodation building subject to prohibition on the

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 24 of 308 development of a house on the balance lot. Land Uses Permitted uses include agriculture Permitted uses include Permitted uses are and activities associated with agriculture and activities limited. agriculture including paddock to associated with plate type ventures. agriculture, including paddock to plate type

ventures as well as mining and storage among others. Discretionary uses must generally Few uses are prohibited, be associated with agriculture Discretionary uses as the zone is a form of a (transport, storage, and include tourism, mix use zone where many manufacturing, bulky goods sales) agriculture, food activities may be but also include education & services, education appropriate. occasional care, animal boarding & & occasional care food services & retail not outdoor recreation, associated with agriculture. animal boarding.

Residential Discretionary. Must be associated Discretionary and must Permitted for with agriculture or located on a lot not impact an adjoining additions, with no agricultural potential & the use. discretionary for lot cannot be included in adjoining new. agricultural lots.

Native No consideration & no restriction. Code provisions can apply Code provisions can vegetation Agricultural clearing is regulated by to minimise impact or to apply to minimise State processes. Clearing for prevent clearing where impact or to prevent reasons other than agriculture is values are significant. clearing where controlled by the planning scheme. values are significant.

Scenic Can be considered through the Can be considered Limitations on Landscapes Scenic Protection Code and through the Scenic building height & associated overlay maps. Protection Code and scale. Code / associated overlay maps. Mapped overlay provisions may also apply.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 25 of 308 As a result of the local agriculture zone analysis an amended LPS zone map is provided based on the results of a local land use pattern analysis and varies the State mapping, i.e. modifying the agriculture zone, by excluding;

 forestry estate and forestry activities including private timber reserves;  resource development activities such as quarries;  identified areas of interest using a constraint analysis; and  strategic adjustments that are made adjacent to the Sorell Township .

Native vegetation

The SPP does not allow priority native vegetation to be considered in the assessment of development or use in the Agriculture Zone. This largely reflects existing regulation by the State Government for vegetation clearing associated with agriculture, forestry or mining which sit outside the land use planning system, but regulated predominately through the Forest Practices Act.

It is therefore a clear policy of the SPP that native vegetation is not a major consideration for applying the agricultural zone. It is acknowledged that there is a practical difficulty in zoning small, medium or large tracts of native vegetation within agricultural areas without distorting the purpose of the Agriculture Zone being intended as land for productive agriculture purposes.

However it is recognised that the above approach does create a number of difficulties. For one, there are areas of high conservation native vegetation within the Agriculture Zone as attributed by the state assessment that have no protection in the land use planning system through the SPP. For the Rural Zone and Landscape Conservation Zone, a priority vegetation overlay (through the Natural Assets Code) can be applied to consider native vegetation whilst maintaining the overall purpose of the zone. The priority vegetation overlay has been developed on a Statewide basis and addressed elsewhere in this report.

Landscape Conservation Zone

The Landscape Conservation Zone is applied to land that:

 Is initially excluded from the Agricultural Zone  Is judged to contain landscape values that are significant to the extent that they ought to be expressly recognised and protected.

Landscapes can be recognised by either the Landscape Conservation Zone or a Scenic Protection Overlay under the Scenic Protection Code (the LPS includes scenic landscape areas that had been translated from the 1993 Planning Scheme to the current SIPS 2015). Where landscape values are part of a broad landscape pattern the zone is applied. Where landscape values are more discreet or isolated or relate to matters that are separate to how the land has been used and should continue to be used, the overlay would be applied. The assessment of landscape values is largely focussed on the degree to which the landscape is visible from public locations such as towns and major roads.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 26 of 308 3.2.2 Tasmanian State Coastal Policy 1996 The State Coastal Policy 1996 (SCP) applies to the Sorell municipality as areas are within 1 km of the high water mark referred to as the Coastal zone. The SCP’s three main guiding principles are:

 Natural and cultural values of the coast shall be protected.

 The coast shall be used and developed in a sustainable manner.

 Integrated management and protection of the coastal zone is a shared responsibility.

The SCP also includes a number of themes, all of which have associated policy statements, including:

 Natural Resources & Ecosystems  Cultural & Historic Resources  Cultural Heritage  Coastal Hazards  Coastal Uses & Development  Marine Farming  Tourism  Urban & Residential Development  Transport  Public Access & Safety  Public Land  Recreation

Many of these themes are addressed in equivalent terms in other strategic documents including the Southern Tasmanian Regional Land Use Strategy (STRLUS), Sorell Council’s strategic township plans and the Sorell Land Supply Strategy 2017.

The SPP provide for the protection of major ecosystems and associated natural processes through the following Codes and associated risk hazard mapping including;

 The Natural Assets Code which recognises and intends to also protect coastal biodiversity associated with wetlands and estuarine environs including provision for future coastal refugia. There is recognition of the need to avoid the disturbance of wetlands by land fill and is intended to identify land likely to accommodate future migration of coastal saltmarshes due to seal level rise.;

 The Coastal Erosion Hazard Code which recognises areas as risk from the processes associated with coastal erosion and specifies controls for development associated with works in particular coastal protection works; and

 The Coastal Inundation Hazard Code which identifies areas at risk from coastal inundation.

The SCP is principally implemented through the land use zones and the associated use and development control provisions within the SPP. Public reserves including foreshore / coastal reserves and adjoining coastal waters (within the planning scheme area) are in the Environmental Management Zone or Open Space Zone.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 27 of 308 The SPP has regard to coastal development and works, similar to the interim planning scheme.

3.2.3 State Policy on Water Quality Management 1997 The State Policy on Water Quality Management 1997 is concerned with achieving the “sustainable management of Tasmania’s surface water and groundwater resources by protecting or enhancing their qualities while allowing for sustainable development in accordance with the objectives of Tasmania’s Resource Management and Planning System”. The SPP’s require the mandatory inclusion in the LPS of the State mapped waterway protection areas, which include associated buffer distances contained in the current interim planning scheme and derived from the Forest Practices System. The SPP’s assume compliance with the State Policy in applying the overlay map with associated assessment provisions.

Under the existing southern regional planning schemes this policy is implemented through the use of the following’

 The Stormwater Management Code which provides standards associated with stormwater quality and quantity;  Onsite Wastewater Management Code which dealt with the onsite and potential offsite impacts of wastewater management;  The Dispersive Soils Code which manages the potential damages to buildings, structures including roads associated with such soils and potential waterway contamination; and  The Acid Sulfate Soils Code.

It is noted that none of the abovementioned Codes have been translated to the SPP’s. It is the intention of the Sorell draft LPS to include the first three as Specific Area Plans functioning as local overriding provisions to assist with the implementation of this Policy. It is acknowledged that the SPP’s provides the ability (head of power) to condition permits to require sound construction practices such as soil and water management and subdivision in unserviced areas to assess for appropriate onsite wastewater disposal for future dwellings. However it is argued that such considerations should be included in the planning stage especially in areas such as the Southern Beaches which is one of the largest unserviced areas in Tasmania and which has identified issues with septic failures over recent time which has both public health and environmental consequences.

3.2.4 National Environmental Protection Measures The existing National Environmental Protection Measures (NEPM) have the effect of being a State Policy and include:

 National Environment Protection (Air Toxics) Measure  National Environment Protection (Ambient Air Quality) Measure  National Environment Protection (Assessment of Site Contamination) Measure  National Environment Protection (Diesel Vehicle Emissions) Measure  National Environment Protection (Movement of Controlled Waste between States and Territories) Measure  National Environment Protection (National Pollutant Inventory) Measure

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 28 of 308  National Environment Protection (Used Packaging Materials) Measure

The NEPMs are outside the jurisdiction and consideration of LUPAA and as such are not directly implemented through the planning scheme process. However some aspects are addressed through various SPP’s provisions relating to matters such as water quality, amenity impacts on residential uses due to noise emissions and site contamination assessment.

3.3 Southern Tasmanian Regional Land Use Strategy 2010 – 2035 (STRLUS) (s34 (2) (e)) Consideration of the STRLUS is based on the version as declared and adopted on 9 May 2018 to remove any inconsistencies between it and the SPP’s

The draft LPS is considered to be consistent with the various policy positions within this document and is considered below in section 3.3.1.

The STRLUS’s intention is to make efficient use of existing land and infrastructure through compact settlement strategies as identified within the southern region including maintaining agricultural and natural resources.

It is considered that this LPS develops compact urban settlements making use of existing infrastructure. Furthermore that there has been appropriate strategic consideration of future urban residential growth in particular for the Sorell Township as documented in the recent Sorell Land Supply Strategy 2017.

It is noted that the current zoning of land in the Sorell Interim Planning Scheme 2015 had been assessed against the requirements of the STRLUS and found to be compliant, noting that the process for the current Interim Planning Schemes was affected by ‘translation’ limitations. Where the zoning of land is effectively carried forward through the application of the SPP zones, detailed justification against the STRLUS is considered not warranted, as for the most part, the SPP do not compromise the policy intent of the STRLUS.

3.3.1 Assessment against STRLUS POLICIES Strategy Regional Policy The draft Sorell LPS and associated SPP is Reference assessed as being compliant with the applicable

regional policy being STRLUS by the following;

Biodiversity & Geodiversity

BNV 1 Maintain and manage the regions biodiversity and ecosystems and their resilience to the impacts of climate change

BNV 1.1 Manage and protect significant The LPS zones will not significantly differ from native vegetation at the earliest those in the current IPS and do not extend into possible stage of the land use areas of important vegetation. planning process. Where It is noted that there are existing areas of possible, ensure zones that General Residential or Low Density Residential

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 29 of 308 provide for intensive use or zones that are precluded from priority development are not applied to vegetation mapping. However the SPP has areas that retain biodiversity determined that priority vegetation mapping in values that are to be recognised the Natural Assets Code should only be used in and protected by Planning those residential zones for the management of Schemes. impacts associated with subdivision. It is intended to include the mapping on General Residential or Low Density Residential zones

BNV 1.2 The LPS will include priority vegetation mapping Recognise and protect included in the Natural Assets Code so as to biodiversity values deemed protect environmental values. The Southern significant at the local level and Region has engaged Natural Resource Planning ensure that planning schemes: Pty Ltd who has provided a Regional Ecosystem (a) specify the spatial area in Model (REM) to assist in the management and which biodiversity values planning for biodiversity. This model comprises a are to be recognised and fine scale database of biodiversity attributes and protected (either by textural priorities for management. This information has description or map overlay); been used to inform the priority vegetation and mapping overlay for the Natural Assets Code. (b) implement an ‘avoid, Land will also be protected by the application of minimise, mitigate’ hierarchy of the Environmental Management and Landscape actions with respect to Conservation Zones. development that may impact on recognised and protected biodiversity values.

BNV 1.3 The SPP does not provide for offsets which is no Provide for the use of different to the existing situation in the Sorell biodiversity offsets if, at the local Interim Planning Scheme 2015. level, it is considered appropriate to compensate for None are proposed in the LPS. the loss of biodiversity values where that loss is unable to be avoided, minimised or mitigated. Biodiversity offsets: (a) are to be used only as a ‘last resort’. (b) should provide for a net conservation benefit and security of the offset in perpetuity. are to be based upon ‘like for like’ wherever possible.

BNV 1.4 Manage clearance of native The Regional Ecosystem Model (REM) used in vegetation arising from use and the mapping of priority vegetation provides the

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 30 of 308 development in a manner that is consistency when assessing areas but also allows generally consistent across the for consideration of local and endemic region, but allowing local biodiversity values. variation to accommodate variances in local values of However at this stage no additional changes have been introduced to this Regional biodiversity Ecosystem Model (REM) for the LPS.

BNV 1.5 Ensure vegetation clearance This is considered during the assessment of and/or soil disturbance is development applications on a case by case undertaken in accordance with situation and where applicable will be included a construction management plans permit or as a condition of approval. that minimise further loss of values and encourages rehabilitation of native vegetation.

BNV 1.6 Include in planning schemes The LPS provides an overlay for future coastal preserving climate refugia refugia within the Natural Assets Code as a where there is scientifically response to natural coastal processes. The accepted spatial data. overlay is applied in a manner consistent with Ministerial Guideline No. 1.NAC 4 & NAC 6.

BNV 2 Protect threatened vegetation communities, flora and fauna species, habitat for threatened species and places important for building resilience and adaptation to climate change for these.

BNV 2.1 Avoid the clearance of The priority vegetation mapping includes all threatened vegetation areas of threatened native vegetation communities except: communities based on the REM prepared by a qualified person, Rod Knight at Natural Resource a. where the long-term social Planning Pty Ltd, and will be incorporated in the and economic benefit Natural Assets Code. arising from the use and development facilitated by the clearance outweigh the environmental benefit of retention; and

b. where the clearance will not significantly detract from the conservation of that native vegetation community.

BNV 2.2 Minimise clearance of native The REM specifically includes habitat for vegetation communities that threatened species in particular fauna and consequently can be appropriately considered

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 31 of 308 provide habitat for threatened under the standards of the Natural Assets Code species. and includes overlays for priority vegetation, coastal refugia and waterway and coastal protection areas.

Construction management provisions will be included in any approval when considering any clearance of native vegetation and or soil disturbance and the prevention of the spread of weeds.

BNV 2.3 Ensure potential applicants are This is discussed with applicants as part of the advised of the requirements of pre-development application process and or the Threatened Species once application is lodged. Protection Act 1995 and their responsibilities under the The REM will provide mapping incorporated in the Natural Assets Code which will inform Environmental Protection and Biodiversity Conservation Act potential applicants of priority vegetation. Sorell 1999. Council has engaged a GIS consultant (Insight GIS) to develop a “report generator” which provides an analysis and report including mapping which provides specific details to perspective applicants.

BNV 3 Protect the biodiversity and conservation values of the Reserve Estate

BNV 3.1 Include within Planning A SPP issue under the relevant development Schemes requirements to standard of the zone which provides the setback use and development appropriate SPP setbacks for development from from boundaries with reserved watercourses and the boundaries of reserved land land.

BNV 4 Recognise the importance of non-land use planning based organisations and their strategies and policies in managing, protecting and enhancing natural values.

BNV 4.1 Consult NRM-based NRM South have been approached and will organisations as part of the continue to occur through the LPS approval review and monitoring of the process. Regional Land Use Strategy

BNV 5 Prevent the spread of declared weeds under the Weed Management Act 1999 and assist in their removal.

BNV 5.1 Ensure development that This is considered during development includes vegetation clearance applications assessments on a case by case and/or soil disturbance is situation. undertaken in accordance with construction management plans that include weed management

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 32 of 308 actions where the site is known, or suspected, to contain declared weeds.

Geodiversity

BNV 6.1 Improve knowledge of sites and This is not an issue that can be addressed by the landscapes with geological, planning scheme. geomorphological, soil or karst features and the value they hold at state or local level.

BNV 6.2 Progress appropriate actions to This is not an issue that can be addressed by the recognise and protect those planning scheme. values, through means commensurate with their level All known geodiversity values (unique rock or formations) are generally contained within of significance (state or local). public land.

Water Resources

WR 1 Protect and manage the ecological health, environmental values and water quality of surface and groundwater, including waterways, wetlands and estuaries.

WR 1.1 Ensure use and development is Protecting the ecological and environmental undertaken in accordance with values generally as noted in the Natural Assets the State Policy on Water Code for example the waterways and coastal Quality Management protection mapping.

Provide appropriate zoning including Environmental Management Zone for coastal waters / estuaries including RAMSAR site of Orielton Lagoon.

WR 1.2 Incorporate total water cycle The SPP does not consider water sensitive urban management and apply water design notwithstanding a head of power does sensitive urban design principles exist under section 6.11. However it is intended to minimise stormwater to develop a Specific Area Plan for identified discharges to rivers areas of Sorell to address the specific needs of stormwater management.

WR 1.3 Protect riparian areas by The SPP provisions adopted the current interim including setback requirements. planning scheme riparian buffers as stated in the waterways and coastal overlay. Such matters are considered during the assessment of development applications on a case by case situation. This will aim to minimise loss of native

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 33 of 308 vegetation / soil disturbance and prevent the spread of environmental weeds.

WR 1.4 Require construction This is considered during the assessment of environmental management development applications on a case by case plans in the riparian zone situation.

Manage wetlands and waterways for their water quality, scenic, biodiversity, tourism and recreational values

WR 2.1 Manage use and development Not applicable adjacent to Hydro lakes

WR 2.2 Protect public access along This is not a direct matter to be considered waterways where attainable under the planning scheme process however Crown Land Services may consult with Council.

WR 2.3 Minimise clearing of native The SPP provisions adopted the current interim riparian vegetation planning scheme riparian buffers. This is considered during the assessment of development applications on a case by case situation. This will aim to minimise loss of native vegetation / soil disturbance and prevent the spread of environmental weeds.

WR 2.4 Allow recreation and tourism This is considered during the assessment of development adjacent to development applications on a case by case waterways where impact is situation minimal.

WR 3 Encourage the sustainable use of water to decrease pressure on water supplies and reduce long term cost of infrastructure

WR 3.1 Reduce barriers to rainwater Consideration is being given to the requirement tank use in residential areas (permit conditions) for rainwater tanks in residential areas to assist with both stormwater quality offsite (through the settling out of contaminants) and decrease discharge velocities.

The Coast

C 1 Maintain, protect and enhance the biodiversity, landscape, scenic and cultural values of the regions coast.

C 1.1 Ensure use and development Protect the coastal values through the avoids clearance of coastal application of the Natural Assets Code, Coastal native vegetation Inundation and Erosion Codes and the standards of the Environmental Management Zone.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 34 of 308 C 1.2 Maximise growth within existing The structure plans associated with the Sorell settlement boundaries through Township and that of the recent Sorell Land local area structure plans for Supply Strategy 2017 provides the necessary settlements in coastal areas. consideration of the needs of the township and municipality and its sustainable growth taking into consideration the coastal and environmental values.

Accordingly it is proposed to rezone the land currently zoned PPZ 1 Urban Growth to General Residential as this land is contained within the existing urban growth boundary established by STRLUS.

There will be further consideration of maximising urban growth to the Sorell Township by extending out to the east by zoning land as Future Urban Growth in accordance with the recommendations of the recent Sorell Land Supply Strategy 2017.

C 1.3 Prevent development on mobile This is considered during the assessment of landforms and coastal mudflats development applications on a case by case unless for public purposes situation and assessed under the SPP standards of both the relevant zone and any associated code.

C 1.4 Zone existing undeveloped land Within the coastal area the zones used have in the coastal area regard to the current planning scheme, existing Environmental Management, use and development and township structure Recreation or Open Space plans. The Sorell Township and that of the unless the land is required for recent Sorell Land Supply Strategy 2017 rural resource purposes or provided the necessary investigation and urban expansion through assessment of the needs of the township and strategic planning. municipality and its sustainable growth taking into consideration the coastal and

environmental values.

This policy is achieved in full through the zones proposed and generally have the coastal areas zoned as Environmental Management Zone as are the adjoining coastal waters.

C 2 Ensure use and development in coastal areas is responsive to effects of climate change including sea level rise, coastal inundation and shoreline recession.

C 2.1 Include provisions in planning This is achieved through the SPP and overlays in schemes relating to minimising the associated Codes in particular through the

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 35 of 308 risk from sea level rise, storm application of the Natural Assets Code, both the surge inundation and shoreline Coastal Inundation and Erosion Codes and the recession. standards associated with the Environmental Management Zone.

This would be achieved by assessing development against the provisions of the abovementioned Codes on a case by case basis in order to minimise risk associated with development along the coast.

C 2.2 Avoid exacerbating current risk The Codes in the SPP include hazard overlay from coastal hazards by mapping along coasts which manage both ensuring growth is located in coastal and overland inundation mapping. areas that avoid risks

C2.3 Identify and protect areas for This is recognised and protected through the landward retreat of coastal identification of future coastal refugia through habitats appropriate zoning and its application through the Natural Assets Code. This has been considered through the assessment of the “future coastal refugia area guidance map” on a local level.

Managing Risks and Hazards

MRH 1 Minimise the risk of life and property from bushfires

MRH 1.1 Provide for the management The SPP includes a Bushfire-Prone Areas Code. and mitigation of bushfire risk in Extensive consultation has occurred with officers the earliest possible stage of the land use planning procession of the Tasmania Fire Service which has resulted in the development of the mapping of Bushfire- Prone Areas for the Sorell municipality. Tasmania Fire Service has provided the Sorell bushfire prone areas overlay and supporting planning report which is appended to this report.

MRH 1.2 Design subdivision roads to The SPP includes a Bushfire-Prone Areas Code provide safe exit in a bushfire which will inform assessment of subdivisions designs.

MRH 1.3 Allow clearing around existing The SPP includes considerations and exemptions dwellings in order to implement for such purposes in line with the relevant codes bushfire management plans including the Bushfire-Prone Areas Code and

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 36 of 308 relevant environmental codes such as the Natural Assets Code.

MRH 1.4 Include provisions in planning The SPP includes a Bushfire-Prone Areas Code schemes for use and and associated hazard mapping which has been development in bushfire prone provided by Tasmania Fire Service. The latter areas based on best practice mapping was provided by Tasmania Fire Service bushfire risk mitigation and in consultation with Sorell Council. management

MRH 1.5 Allow new development in The priority vegetation area will apply to some bushfire prone areas having forms of buildings and uses that are also subject regard to native vegetation to the SPP Bushfire-Prone Areas Code

MRH 1.6 Develop and fund a program for This is beyond the jurisdiction of the planning regular compliance checks scheme.

MRH 2 Minimise the risk of loss of life and property from flooding

MRH 2.1 Mitigate flood risk in the earliest Recognise areas at risk from overland / riverine possible stage of the land use flooding and manage use and development planning process by avoiding accordingly through the Inundation Code. Sorell locating sensitive uses in flood Council has undertaken an assessment of prone areas. stormwater issues which has also resulted in local flood risk mapping of the Sorell and Midway Point townships and the Southern Beaches area which will form part of the overlay mapping under the Inundation Code.

MRH 2.2 Include provisions in planning Included under the Inundation Code as part of schemes for use and the SPP. development in flood prone areas based on best practice

MRH 3 Protect life and property from possible effects of land instability.

MRH 3.1 Prevent further development in There are no known declared landslip areas declared landslip areas. under the Building Act 2016 in the Sorell municipal area. All matters involving use and development are considered under the Landslip Code with its associated hazard mapping.

MRH 3.2 Require design and layout of All such matters are considered under the development to be responsive Landslip Code which provides associated hazard to land instability. mapping.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 37 of 308 MRH 3.3 Development in areas of land This is principally regulated under building instability must not cause an legislation however in the first instance such undue risk to occupants or the matters are considered under the Landslip Code public and must be accordingly which is accompanying by hazard risk mapping. managed

MRH 4 Include provisions in planning schemes requiring the consideration of contaminated issues.

MRH 4.1 Require consideration of The LPS will not include mapping of contaminated sites contaminated sites but rather relies on the Code itself. This is an optional component and is not essential for the relevant SPP provisions to apply to use or development proposal.

There are also known contaminated sites which are under the remediation notices from the Environment Protection Authority.

However Council has begun preparing a list of known sites which will initially be for internal use as a non-statutory layer on Council’s GIS.

MRH 5 Respond to the risk of soil erosion and dispersive and acid sulphate soils

MRH 5.1 Manage risks of dispersive soils It is intended to develop and apply a Specific with due consideration at the Area Plan (SAP) for Dispersive Soils for the subdivision and development municipality tobe included in this LPS. It is stages. considered that this is the most effective way to manage risks by assessing potential impacts of dispersive soils at the planning stage. It is considered that the inclusion of a SAP would achieve a better outcome as stated in STRLUS.

MRH 5.2 Manage risks of acid sulphate Under the SPPs acid sulphate soils must be soils managed through construction environmental management plans with due consideration of

the Acid Sulphate Soils Management Guidelines.

Cultural Values

CV 1 Recognise, retain and protect Aboriginal heritage values

CV 1.1 Support the completion of the Beyond the jurisdiction of the present planning review of Aboriginal Relics Act scheme. It is understood that this process will 1975 shortly commence and is supported.

CV 1.2 Improve knowledge of There is no opportunity for this to occur under Aboriginal heritage places the planning scheme framework within the SPP

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 38 of 308 or LPS although dialogue has commenced on a regional level with Aboriginal Heritage Tasmania.

CV 1.3 Avoid development in areas Neither the current IPS nor the SPP considers known to have Aboriginal the potential impacts that development may cultural heritage values have on Aboriginal cultural heritage values. Such matters are dealt with under the relevant legislation.

However any application for a zoning amendment would also consider Aboriginal cultural heritage values considering potential changes to the development and use of the land.

Where it is known or potential Aboriginal cultural heritage values exists developers are advised to contact the Aboriginal Heritage Tasmania Office which provides various assistance including preliminary assessment through a desktop survey.

CV 1.4 Support the use of predictive Beyond the jurisdiction of the planning scheme. modelling

CV 2 Recognise, retain and protect historic cultural heritage values within the region

CV 2.1 Support the completion of the Beyond the jurisdiction of the planning scheme. review of the Historic Cultural Heritage Act 1995

CV 2.2 Promote nationally adopted Beyond the jurisdiction of the planning scheme. tiered approach to management of heritage values

CV 2.3 Ensure local planning The LPS provides for the recognition and authorities regulate places of appropriate protection of known historic cultural local values heritage values of properties of known local significance which presently exist in the SIPS 2015 and are subsequently being translated.

CV 2.4 Protect heritage precincts There are no heritage precincts presently existing or proposed within the municipal area.

CV 2.5 Apply the Burra Charter This is relevant to the SPP which provides the criteria to evaluate works to heritage places.

As part of the consideration of the 2015 IPS Council engaged a heritage consultant to review

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 39 of 308 its current listings in its 1993 planning scheme. His recommendations resulted in the local heritage listings included in the current SIPS 2015.

CV 2.6 Standardise listing criteria with The SPP provides such state-wide conformity. listings in planning schemes It is understood that as transitional having a common regional template for inventory. arrangements, local heritage places can be listed without the full descriptions that are expected under the SPP which is currently the case in the Sorell LPS.

CV 2.7 To allow flexibility in allowing This is provided for by the SPP in the Local adaptive reuse of heritage Historic Heritage Code. places

CV 3 Undertake the statutory recognition and management of heritage values in an open and transparent fashion in which the views of the community are taken into consideration.

CV 3.1 Ensure heritage studies are fully Not a relevant planning scheme consideration transparent however the resultant lists are open to comment and submission by the public as part of any planning scheme review.

CV 4 Recognise and manage significant cultural landscapes throughout the region to protect their key values.

CV 4.1 Develop an agreed set of criteria The Technical Reference Group, comprising for determining an agreed set of southern local government planners, has criteria for determining the engaged suitably qualified persons to assist with relative significance of the development of methodology for important landscapes and key management objectives and values. This landscape values information will inform existing mapped areas with landscape values under the Landscape Protection Code.

There are no new areas proposed.

CV 4.2 Ensure that key values of As above in CV 4.1 regionally significant landscapes are not compromised through The information provided by the consultants can also inform and provide methodology the appropriate provisions within planning schemes. appropriate for any future mapping of significant landscapes in local or regional areas.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 40 of 308 CV 4.3 Protect Greater Hobart skylines Not applicable. and ridgelines through the zones in planning schemes

CV 5 Recognise and manage archaeological values throughout the region to preserve their key values

CV 5.1 Known archaeological sites of The LPS does not list any places of archaeological significance are to be sites of significance nor does the current SIPS considered for listings 2015.

CV 5.2 Manage soil disturbance in Not applicable as above. archaeological zones of significance

Recreation and Open Space

ROS 1 Plan for integrated open space and recreation system that responds to existing and emerging needs of the community

ROS 1.1 Adopt an open space hierarchy This is achieved in applying the Recreation and consistent with the Tasmanian Open Space zones to land intended for either Open Space Policy and Planning active sporting or passive recreation activities. Framework 2010 for open space allocation.

ROS 1.2 Adopt Tasmanian Open Space As above in ROS 1.1. Policy and Planning Framework 2010 classification of open Within such zones the individual uses provide a basis on which to provide for parks, outdoor space sports facilities or passive recreation opportunities.

ROS 1.3 Undertake a regional open This is not a relevant planning scheme space study in accordance with consideration and would be a matter for the Tasmanian Open Space regional consensus. Policy and Planning Framework

2010

ROS 1.4 Undertake local open space Council continues to develop open space areas studies in accordance with the as it has in recent time including coastal walking Tasmanian Open Space Policy trails in Midway and Sorell Township areas. and Planning Framework 2010 Additional studies have occurred in respect of the recreation uses of the regionally significant Pembroke Park. A “Business Case and Feasibility Assessment of the Pembroke Park Master Plan 2016 was developed by Leisure Planners which supported the development of Pembroke Park.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 41 of 308 The SPP does not include any consideration or guidance of public open space design for consideration during the subdivision process.

However the LPS has applied Recreation and Open Space zones to land accommodation and or intended for active sporting facilities and passive recreation respectively.

ROS 1.5 Ensure well connected provision Council continues to provide open space of walking and cycling trails are infrastructure including coastal walking trails in provided to residential areas as Midway and Sorell Township areas. part of the open spaces. It is noted that the SPP has removed the current provision (in the region and SIPS 2015) for subdivision contributions for open space and subsequently it is not a matter to this LPS can consider. The alternative method is under the Local Government (Building and Miscellaneous Provisions) Act which is considered to be retrospective in determining any requirement for public open space as part of a subdivision.

This limits Council’s ability to assess the requirement for public open space at the subdivision application stage with particular note of connectivity.

This would also limit public involvement in public open space considerations.

Adopt the ‘Healthy by Design’ This is implemented, to some extent, in the SPP. principles in subdivision and development designs.

ROS 2 Maintain a regional approach to the planning and development of major sporting facilities

ROS 2.1 Avoid unnecessary duplication This is not a relevant planning scheme of recreational facilities across consideration however Sorell Council has the region demonstrated leadership in participating in developing the SERDA report.

Furthermore Council has initiated the need for such consideration and developed the “Business Case and Feasibility Assessment of the Pembroke Park Master Plan 2016 was developed by Leisure Planners which supported the status of a regional recreational facility and future

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 42 of 308 development of Pembroke Park thereby providing objectivity to the development of recreational facilities in the region.

Social Infrastructure

SI 1 Provide high quality social and community facilities to meet the education, health and care needs of the community.

SI 1.1 Protect the Royal Hobart Not applicable for the Sorell Council. Hospital

SI 1.2 Ensure social infrastructure Engagement continues with relevant state matches community needs government agencies and developers as part of local strategic reviews such as the Sorell

Township Structure Plan and Sorell Land Supply Strategy 2017.

SI 1.3 Provide well located and The LPS recognises and protects key sites used accessible social infrastructure for community facilities by applying the in relation to residential Community Purpose Zone/ development. Social infrastructure can also be provided within the Local Business Zone and Village Zone as well.

SI 1.4 Identify and protect areas for This is achieved through recognising and social infrastructure in urban protecting properties for community facilities by growth areas and activity applying the Community Purpose zone. centres targeted as urban growth areas

SI 1.5 Provide multi-purpose, flexible The SPP provides flexibility for a variety of and adaptable social housing types including aged care and nursing infrastructure that can respond homes in residential zones. to changing needs.

SI 1.6 Co-locate and integrate social Sorell Council supports such a policy as it has infrastructure to improve demonstrated in the development of its Council service delivery. offices within a community precinct which includes the Sorell RSL hall and the State

Government’s Community Health Centre.

SI 1.7 Allow aged-care facilities to Aged care facilities are a residential use and can develop especially in areas close be considered in most zones however to activity centres consideration is given to areas close to main commercial areas which provide a range of supportive facilities including medical and shopping areas.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 43 of 308 SI 1.8 Provide flexibility to allow the A diverse range of residential options can be aged to continue living in considered in the General Residential Zone communities including the provision of ancillary dwellings to facilitate the aged in continuing to live within the immediate community.

As above Aged care facilities are a residential use and can be considered in most residential zones.

SI 1.9 Adopt Crime Prevention This is included in development standards in the through Environmental Design SPP concerning mitigating areas of concealment, in planning schemes adequate lighting and surveillance.

SI 1.10 Recognise the role of the This is not a relevant planning scheme building approvals processes in consideration. providing disability access

SI 2.1 Ensure a diversity of housing The is a relevant consideration for the SPP types in residential areas. notwithstanding there are a number of uses identified as residential that are able to be considered in relevant zones.

SI 2.2 Provide for social housing in These matters are not directly considered and residential areas. addressed in the SPP other than the provision for a diversity of housing types.

Physical Infrastructure

PI 1 Maximise the efficiency of existing physical infrastructure

PI 1.1 Preference growth where Council’s strategic planning documents relating infrastructure is under-utilised in particular to the Sorell Township as well as the recently endorsed Sorell Land Supply Strategy 2017 will be considered in this LPS.

The application of the General Residential Zone has occurred in consultation with TasWater to ensure that the zoned land can be developed including areas highlighted as future urban growth.

PI 1.2 Allow small scale energy This has been appropriately considered and facilities addressed in the SPP as a utility land use and the provision for small residential scale energy generation facilities as allowed under section 4.0

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 44 of 308 (Table 4.5) of SPP concerning production of renewable energy exemptions.

PI 2 Plan, coordinate and deliver physical infrastructure and servicing in a timely manner to support regional settlement pattern.

PI 2.1 Use the provision of Council’s strategic planning documents relating infrastructure to support the in particular to the Sorell Township as well as the delivery of planned growth and recently endorsed Sorell Land Supply Strategy encourage compact urban form 2017 will be considered in this LPS and has included consultation with infrastructure providers such as State Growth, TasWater and the Education Department.

PI 2.2 Coordinate, prioritise and This is not a planning scheme consideration sequence infrastructure however the zoning of land does influence the provision in the region, sequencing of infrastructure provision. subregion and on local level. However strategic planning resulting in the recent strategic documents has included extensive consultation with infrastructure providers such as State Growth, TasWater and the Education department.

PI 2.3 Identify and protect future The SPP and LPS has protected land identified infrastructure corridors and for future major roads from inappropriate or sites premature development and use (Eastern Sorell By-Pass) and through the application of the Road and Railways Assets Code. Furthermore it has been determined that the translation of the existing Particular Purpose Zone 2 Future Road Corridor (as supported by the PPU audit) best achieves the identification and protection of this important transport corridor and is subsequently included in the LPS.

PI 2.4 Use demographic and dwelling It is understood that no such information has forecast information in the been obtained and that STRLUS has not been regional strategy to inform reviewed nor monitored for appropriate infrastructure planning planning outcomes for infrastructure planning. The document should be revisited and updated in consideration of contemporary information to reflect contemporary considerations.

Council’s strategic planning documents relating in particular to the Sorell Township as well as the recently endorsed Sorell Land Supply Strategy

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 45 of 308 2017 has sourced and considered contemporary data to inform its local area strategies.

PI 2.5 Develop a regionally consistent TasWater is responsible for water and sewerage approach to developer charges provision and not Council.

There are no other developer changes for infrastructure provision existing on a regional basis.

PI 2.6 Protect electricity generation The LPS includes the Electricity Transmission and transmission infrastructure Code and associated mapped overlay as required by the SPP to inform and protect assets such as major transmission infrastructure including power lines and electricity substations.

Land Use and Transport Integration

LUTI 1 Develop and maintain an integrated transport and land use planning system that supports economic growth, accessibility and modal choice in an efficient, safe and sustainable manner.

LUTI 1.1 Give preference to urban The SPP and this LPS allows appropriate expansion close to existing densification for areas in close proximity to transport corridors activity centres and transport corridors.

LUTI 1.2 Allow higher densities near Allowing appropriate densification for areas in transport corridors close proximity to activity centres is provided for in the SPP.

LUTI 1.3 Encourage above ground level Not applicable for this LPS however this is residential development in provision in the SPP within General Business for activity centres this to occur.

LUTI 1.4 Consolidate residential The LPS provides for compact settlement form development outside of Greater especially in consideration of Council’s strategic Hobart into key settlements planning reports relating in particular to the where the daily and weekly Sorell Township including the recent Sorell Land needs of residents are met. Supply Strategy 2017 This document has been used to inform the LPS.

The Sorell Township is a key activity centre for both the Sorel township and the immediate subregion. The rezoning of the land currently zoned as PP1 Urban Growth Zone to General Residential and subsequent zoning of land to the east as Future Urban Growth zone provides for the consolidation of land for residential

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 46 of 308 purposes as part of a main activity centre outside of Hobart

LUTI 1.5 Locate major trip generation in Allowing appropriate densification for areas in close proximity to public close proximity to activity centres which is transport and existing higher provided for in General Residential zones order activity centres centred in the Sorell and Midway Townships.

It is understood that public transport provision will shortly increase for Sorell council patronage.

LUTI 1.6 Maximise road connections Protecting and enhancing the function and between existing and potential safety of transport infrastructure through the road application of the Road and Rail Assets Code in the SPP.

LUTI 1.7 Protect major regional transport The SPP includes a Road and Rail Assets Code corridors through planning which provides consideration of new or schemes intensified access to major road. The LPS includes a Road Attenuation Area for major roads to address potential noise issues. Furthermore recognising and protecting existing major transport corridors through the continued use of the Utilities zone for Arthur and Tasman Highways.

LUTI 1.8 Ensure new development The LPS includes a Road Attenuation Area incorporates buffer distance to provisions as part of the Road and Rail Code for major roads to minimise further major roads to minimise land use conflict by land use conflict addressing such matters as noise at the planning stage.

LUTI 1.9 Ensure car parking requirements Allowing appropriate densification with areas in should encourage public close proximity to activity centres. transport Sorell has developed a park and ride facility to facilitate public transport use.

LUTI 1.10 Facilitate ferry transport on the Not applicable. Derwent River

LUTI 1.11 Encourage walking and cycling Allowing appropriate densification for areas in as alternative modes of close proximity to activity centres provides transport through the provision opportunities for alternative modes of transport. of suitable infrastructure. The SPP provides for the development of passive recreation. Sorell is developing such infrastructure to improve the walkability in

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 47 of 308 proximity to activity centres and for the promotion of active health outcomes.

LUTI 1.12 Provide end of trip facilities to This a relevant consideration for the SPP and is support active transport modes supporting by the appropriate allocation of land use zones to provide necessary land uses in particular for activity centres.

Tourism

T1 Provide for innovative and sustainable tourism in the region

T 1.1 Protect authentic and distinctive As noted in the abovementioned cultural values local features and landscapes section, the STRLUS identifies the need for regional audit and approach to landscape management, including classification and evaluation of important landscapes. This work would facilitate further identification of landscapes for consideration in the LPS.

The Southern Regional Planners have engaged Inspiring Places together with Geoscene International to assist in developing appropriate scenic values and associated management objectives for the Scenic Protection Code. This will inform the existing landscape protection areas included in current SIPS 2015 and provide for a methodology to investigate future areas.

Many key features of the municipal area are found on public land and foreshore reserves. These areas are zoned either Environmental Management Zone or Open Space Zone.

T 1.2 Identify and protect regional See above in T 1.1 landscapes

T 1.3 Allow for tourism use in rural This is a provided for in the relevant use areas where it supports the use classifications and development standards for of land for primary production “rural zones” in the SPP.

T 1.4 Provide flexibility for the use of This has been provided for in the SPP by the holiday homes to be used for government as potential exemptions and short-term accommodation permitted uses in appropriate zones for short term accommodation. If exemption does not exist then it is provided for in the relevant use

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 48 of 308 classifications and development standards for zones in the SPP.

T 1.5 Provide flexibility within This is a provided for in the relevant use commercial and business zones classifications and development standards for for mixed use developments zones in the SPP. incorporating tourism

T 1.6 Recognise that not all tourism Tourist Operation and Visitor Accommodation is uses will be able to be provided permitted or discretionary in zones where those for in the scheme due to their use classifications could exist (but not industrial innovative and responsive or utilities zones). Clearly there are limiting nature factors such as scale and location so as not fetter adjoining rural activities.

T 1.7 Allow tourism to be considered Tourism is no different to any other land use through s43A process as classification and therefore would be considered opposed to the existing non on its planning merit as part of any planning planning scheme based scheme amendment under the s43A process. approval processes.

Strategic Economic Opportunities

SEO 1 Support and protect strategic economic opportunities for Southern Tasmania

SEO 1.1 Hobart port facilities Not applicable for this LPS

SEO 1.2 Include place specific Sullivan’s Not applicable for this LPS Cove area in the planning scheme

SEO 1.3 Recognise the regional Not applicable for this LPS economic importance of Southwood.

Productive Resources

PR 1 Support agricultural production on land identified as regionally significant by affording it the highest level of protection from fettering or conversion to non- agricultural uses

PR 1.1 Provide consistency in The Agriculture Zone is applied consistent with management of agricultural the Ministerial Guidelines recognising and land protecting areas identified as “significant” agricultural land

It is noted that the State’s mapping of the Agricultural Estate has been used as the

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 49 of 308 appropriate bench mark. However an appropriate local level assessment has been undertaken in consultation with the agricultural consultancy AK consulting who have developed a “Decision Tree and Guidelines for Mapping the Agriculture and Rural Zones”. A local assessment has been undertaken in consultation with AK consulting and this LPS has been modified for the local context.

PR 1.2 Provide separation between The SPP has provided a large buffer (building) sensitive use and agricultural distances between agricultural and residential land to manage potential land use and developments. Furthermore it allows use conflict. residential development only where it can be demonstrated that this sensitive use will not fetter agricultural use on the subject property or adjacent lands.

PR 1.3 Allow ancillary and / or The SPP has allowed residential development subservient non-agricultural and food services only where it can be uses to diversify income to demonstrated that it will not fetter agricultural farmers uses on site or adjacent.

PR 1.4 Prevent further land Restricting subdivision within the agricultural fragmentation by restricting zone to ensure that future “farming” use of the subdivision unless necessary for land can support productive agriculture. agriculture The modified agricultural mapping has been undertaken to reflect the local context and input from a qualified person to inform the LPS.

PR 1.5 Minimise use of prime The SPP addresses this by providing a agricultural land for plantations discretionary classification for plantations within the Agricultural Zone. It is generally considered that forestry activities should be located on Rural zoned land as advocated by the agricultural consultant. This will be promoted in the LPS.

PR 2 Manage and protect the value of non-significant agricultural land in a manner that recognises sub regional diversity in land and production characteristics

PR 2.1 Tailor subdivision standards to The SPP no longer provides this other than to suit sub-regions allow discretion in its performance criteria which has provided subdivision standards in the “rural zones” consistent with supporting future rural use and development applicable to the zone.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 50 of 308 PR 2.2 Minimum lot sizes to suit main The SPP provides discretion in its performance agricultural output in sub-region criteria in the “rural zones” consistent with supporting future rural use and development applicable to the zone in the State rather than on a defined sub region.

PR 2.3 Ensure conversion of There are appropriate controls in the SPP and agricultural land to residential is STRLUS to control the fragmentation of rural driven by settlement strategies lands and conversion to rural residential uses. rather than the potential Any considerations for changes to “rural” zones viability or otherwise of the land for particular agricultural to residential are based on strategic enterprises. considerations as evidenced by the Sorell Land Supply Strategy 2017.

PR 2.4 Facilitate down-stream This is an issue for the SPP which provides for processing down-stream processing of agricultural products on farm as a resource processing use.

PR 2.5 Allow tourism and commercial This is an issue for the SPP but one that allows use that protects long-term such uses only where subservient and or agricultural potential necessary to support the primary agricultural use.

PR 2.6 Ensure the introduction of a This is an issue for the SPP but one that allows sensitive use, not related to the such uses only where necessary to support the agricultural use, such as agricultural use. dwellings, does not fetter agriculture on neighbouring land

PR 3 Support and protect regionally significant extractive industries

PR 3.1 Apply a rural zone to extractive The LPS applies the Rural Zone to existing industry significant extractive industries. Extractive industries are also discretionary in the Agriculture Zone which provides for new resources to be developed.

However it is proposed to have properties with existing extractive industries to be primarily zoned Rural so as to maintain the permitted status rather than discretionary with due respect to other criteria such as whether the property is

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 51 of 308 surrounded by land zoned Agriculture in which case it should not be Rural.

PR 4 Support the aquaculture industry

PR 4.1 Ensure appropriately zoned land This is an issue for the SPP which provides for on the coast for shore facilities resource development which includes shore for aquaculture facilities based aquaculture facilities within the Rural necessary to support marine Zone as a NPR whereas it would be discretionary farming in an Agriculture Zone.

PR 4.2 Identify key marine farming This is not a relevant planning scheme areas within planning schemes consideration as it is a separate matter for the to assist in reducing potential State under other marine legislation. land use conflicts

PR 5 Support the forest industry

PR 5.1 Apply a rural zone to working Existing land under private timber reserves or forests including state forests under ownership of Sustainable Timbers and Private Timber Reserves Tasmania (plantations including native forests) (for commercial forestry) are to be zoned Rural for the forestry use.

PR 5.2 Recognise the forest practices This is understood to have been the premise of system as appropriate to not including the priority vegetation mapping in evaluate the clearance and the Agriculture zone. conversion of native vegetation It should be noted though that the Regional for commercial forestry purposes. Ecosystem Model, providing the priority vegetation mapping for the Natural Assets Code, has included data and modelling prepared by the Forest Practices Authority.

PR 5.3 Provide for plantations in the Land currently used for forestry activities are rural zone subsect to setbacks included in the Rural Zone for this LPS from existing dwellings .

PR 5.4 Control the establishment of Minimise the use of agricultural land for new dwellings in proximity to plantation forestry unless already under this use forestry activities so as to for the LPS

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 52 of 308 eliminate the potential for land The SPP considers such matters with respect to use conflicts land use and development standards to be considered in Rural and Agriculture Zones.

Industrial Activity

IA 1 Identify and protect the supply of well sited industrial land

IA 1.1 Ensure industrial land has Council’s recently endorsed Sorell Land Supply appropriate topography and Strategy 2017 advocates and puts forward infrastructure and enables easy locations near Sorell Township for industrial access to major transport routes zoning to address a significant lack of industrial together with appropriate land in the municipality. provision of infrastructure. Such future industrial land is intended for locations typically away from sensitive zones and well serviced by existing and or planned transport infrastructure.

IA 1.2 Locate new industrial areas Council’s recently endorsed Sorell Land Supply away from sensitive uses such Strategy 2017 advocates and puts forward as residentially zoned land. locations near Sorell Township for industrial zoning given the lack of available industrial land in Sorell.

The strategy has assessed locations that may be suitable and arrived at possible locations given certain criteria including infrastructure, transport and land characteristics that industrial activities would be requiring.

IA 1.3 Provide a 30 year supply of Council’s recently endorsed Sorell Land Supply industrial land and protect Strategy 2017 advocates and puts forward future expansion areas within locations near Sorell Township for industrial the planning scheme zoning given the chronic lack of available industrial land in Sorell. The LPS will include the proposal to zone land to the east of the Sorell township as “Future Urban” so as to allow for “future urban use and development” and to ensure development does not compromise the potential for future urban use and development of the land”

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 53 of 308 IA 1.4 Provide a 15 year supply of See above IA 1.3. industrial zoned land within the planning scheme

IA 1.5 Provide 5 year supply of See above IA 1.3. subdivided industrial zoned land within the planning scheme

IA 1.6 Use best available data to assess See above IA 1.3. supply and prior to rezoning existing industrial land to non- industrial purposes

IA 2 Protect and manage existing strategically located export orientated industries

IA 2.1 Identify significant, strategic Council’s recently endorsed Sorell Land Supply industrial zones Strategy 2017 advocates and puts forward locations near Sorell Township for industrial

zoning given the lack of available industrial land in Sorell.

IA 3 Ensure industrial development occurs in a manner that minimises regional environmental impacts and protects environmental values.

IA 3.1 Take into account This will be undertaken in any strategic environmental values and assessment. potential environmental impacts of future industrial use

AC Activity Centres

AC 1 Focus employment, retail and commercial uses, community services and opportunities for social interaction in well planned, vibrant and accessible regional activity centres

AC 1.1 Implement the activity centre All commercial areas are provided for within the network through the delivery of General & Local Business Zone consistent with retail and commercial uses, the Tasmanian Activity Centre Network (Feb community services etc. 2014) by HillPDA consulting. In particular this report identifies Sorell Township as a District

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 54 of 308 Centre i.e. “major shopping and business centres servicing the immediate rural subregion”. Accordingly the LPS continues the commercial and community focus of this township for the municipality and of the subregion.

AC 1.2 Utilise the various commercial See AC 1.1. zones including General and Local Zones to deliver the Council’s recently endorsed Sorell Land Supply activity centre network in the Strategy 2017 advocates and puts forward recommendations for the sustainable planning scheme. development of the Sorell Township.

AC 1.3 Discourage out-of-centre This will be dependent on the use classification development by only providing in the SPP and would be assessed on a case by for in-centre development case manner e.g. type of use, suitability for the within planning schemes. location, availability of land elsewhere and community good

AC 1.4 Promote a greater emphasis on The use classifications in the SPP delineate activity centres in revitalising whether permitted or discretionary use for the and strengthening the local zone. Consideration is then given to the local community context especially when considering a discretionary use.

AC 1.5 Encourage high quality urban The SPP provides such development standards in design and pedestrian amenity the commercial based zones. through the respective The Sorell Structure Plans provides guidance in development standards such matters as an endorsed strategic plan.

AC 1.6 Encourage an appropriate mix The SPP within its General & Local Business of uses in activity centres Zones and associated Community Purpose Zone, allows for a diverse range of land uses.

AC 1.7 Improve the integration of Sorell Council has developed a range of public transport with activity supporting infrastructure as provided for by centre planning planning schemes including a park and ride area and public car parking areas.

Sorell Council is also advocating for the introduction of a direct public bus service which

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 55 of 308 is understood to be imminent. The key destination point would be the district centre designated as the Sorell Township.

AC 1.8 Encourage new development to The SPP provides a uniform approach to reinforce the strength and development standards that supports improved individual character of use of public transport. The strategic / land use established urban areas supply plans do identify and discuss urban design elements for inclusion and consideration.

AC 1.9 Require active street frontages This is an issue for the SPP through development layouts instead of parking lot standards for commercial based zones and dominant retailing. would also be pursued on an individual basis with developers.

Sorell Council’s strategic / land use supply plans do identify and discuss urban design elements for inclusion and consideration.

AC 1.10 Activity centres should The uses possible in the General & Local encourage local employment Business Zone promote commercial activities in activity centres. The associated zones of

Community Purpose and Recreation / Open Space zones further enhance local employment opportunities.

AC 1.11 Consolidation of Cambridge Not applicable Park

AC 1.12 Provide 10-15 years growth of Council’s Sorell Land Supply Strategy 2017 activity centres within the advocates and puts forward an area adjoining planning schemes. the Sorell Township for the necessary “Sorell Township Growth Area … to provide local

employment opportunities”. The Strategy advocates residential and light industrial areas for the immediate and short term periods in a staged manner.

AC 2 Reinforce the role and function of the Primary and Principal Activity Centres as providing for the key employment, shopping, entertainment, cultural and political needs for Southern Tasmania

AC 2.1 Encourage the consolidation of The LPS does not present any measurable cultural, political and tourism impediment for the continuation of the status of activity within the Primary the Hobart CBD. Activity Centre (Hobart CBD)

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 56 of 308 AC 2.2 Achieve high quality design for The LPS does not interfere or prejudice this all prominent buildings and policy. public spaces in the Primary and Principal Activity Centre

AC 2.3 Undertake master planning for The LPS does not interfere or prejudice this the Primary and Principal policy. Activity Centres

AC 2.4 Encourage structure and Council’s recently endorsed Sorell Land Supply economic development Strategy 2017 advocates and puts forward planning for lower level activity locations near Sorell Township for commercial centres for local authorities zoning in Sorell to assist with economic development on a local level.

AC 3 Evolve Activity Centre focussing on people and their amenity and giving the highest priority to creation of pedestrian orientated environments.

AC 3.1 Actively encourage people to Land use zoning within planning schemes walk, cycle and use public including the SPP provides zones and associated transport to access Activity land uses and development standards by which Centres. to facilitate active transport options which are used especially by local governments in their provision of public infrastructure. The impending introduction of a public transport system together with the development of tracks and trails highlights Councils active participation in promoting Activity Centres especially the Sorell Township.

AC 3.2 Support high frequency public Not applicable. transport options to Primary and Principal Activity Centres

AC 3.3 Ensure the minimum car parking The LPS does not interfere or prejudice this requirements and associated policy. Each commercial development is based discretion in planning schemes on its planning merits and includes the in the Primary and Principal requirement for alternative transport Activity Centre encourages the infrastructure such as bicycle stands. use of transport other than private cars

AC 3.4 Provide for coordinated and Not applicable. consistent car parking approaches in the Primary and Principal Activity Centre that

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 57 of 308 support improved use of alternative transport options including public transport

AC 3.5 Allow flexibility in providing Council works with the SPP criteria in the onsite car parking in the lower respective Code in consideration of car parking order activity centres requirements and over the years has developed a public car park in the CBD to provide car parking for businesses so as to stimulate commercial growth. This provides a community facility in which multiple business may utilise rather than provision of physical car parking for each development.

Settlement and Residential Development

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 The LPS has regard to the growth management settlement strategy and strategies and does not exceed the growth associated growth management targets for each settlement. The targets provide strategies for settlements a percentage range of increase in dwellings from through planning schemes 2010 to 2035.

It is understood that these growth management targets were intended to guide expectations around likely growth needs for settlements and were not based on detailed analysis. It is considered that they have been incorrectly interpreted by the Commission delegates as absolute limits on growth and restricted otherwise sound residential planning scheme zoning amendments.

If interpreted as absolute limits the growth management strategies are flawed and problematic and were not intended to be used in this manner especially without subsequently reviews of the Strategy. However, Sorell Council has recently endorsed a strategic planning study, Sorell Land Supply Strategy 2017 which is intended to inform both present planning scheme amendments and the LPS.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 58 of 308 SRD 1.2 Manage residential growth in The LPS has applied this criteria with the District Centres, District Towns application of the General Residential zone to and Townships through a existing areas developed (or capable) to hierarchy of strategy, structure suburban densities which are capable of full plans, subdivision control and infrastructure servicing. development control Council has endorsed the Sorell Land Supply Strategy 2017 which informs the LPS.

Subsequently this LPS will facilitate the identification of land for residential growth for immediate zoning to General Residential together with the designation of land to be zoned Future Urban Zone adjoining the existing Sorell Township.

The implementation and use of the Future Urban Zone would provide protection of land identified for future urban development from inappropriate or premature development adjacent to the existing Sorell Township.

SRD 1.3 Support the consolidation of This is supported in the LPS with minor changes existing settlements by for example as allowed for by the assessment of restricting the application of the present Environmental Living zone which will rural living, environmental living in part be reassessed as Rural Living as provided zones to certain applications. for in the Ministerial guidelines.

SRD 1.4 Increase densities in existing It should be noted that the introduction of a rural living areas to an average number of minimum lots sizes in the Rural Living of 1ha where site conditions zone means that this policy cannot be achieved. allow A 1 hectare minimum lot size is proposed for existing land zoned Rural Living i.e. to be translate to the Rural Living Zone A.

The present Rural Living Area B recently determined by the Commission will be translated to the most applicable zone to reflect the minimum lot sizes and intent of the zone i.e. Rural Living Zone C.

SRD 1.5 Achieve 15 dwellings per This is an issue for the SPP which has set hectare (net) in the General standards for subdivision for the General Residential Zone Residential Zone so as to be developed at a minimum of 15 dwelling per hectare as a net density.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 59 of 308 SRD 1.6 Only use the Low Density The Low Density Residential Zone is applied to Residential Zone where there manage; are land constraints or existing character  Land values and or hazards;  Areas which are unlikely to become serviced in the foreseeable future;  Existing low density areas especially in coastal settlements.

SRD 2 Manage residential growth for Greater Hobart on a whole of settlement basis.

SRD 2.1 Ensure residential growth for This may be occurring however it is noted that Greater Hobart occurs through STRLUS has not been appropriated reviewed and 50% infill development and 50% the integrity of the UGB is unknown. greenfield development

SRD 2.2 Manage greenfield growth This is occurring however it is noted that STRLUS through the Urban Growth has not been appropriated reviewed and the Boundary integrity of the UGB is unknown.

SRD 2.3 Provide greenfield land for These areas are either zoned for General residential purposes across the Residential zone or for Future Urban Zone. following (relevant to Sorell) Council’s recently endorsed Sorell Land Supply Greenfield Development Strategy 2017 advocates; Precincts including;  Conversion of current “future urban” zoned  Sorell Township East land to General Residential; and  Midway Point North  Additional locations adjoining the Sorell Township for future urban growth.

SRD 2.4 Recognise that vacant land This is acknowledged and provided for in the within the Urban Growth existing zoning as well as discussed in the Boundary can also include not Council’s recently endorsed Sorell Land Supply just residential but also for Strategy 2017 other urban purposes including commercial, industrial, public parks, sporting and recreational facilities, hospitals, schools, major infrastructure etc.

SRD 2.5 Implement a residential land This is acknowledged and provided for in the release program that follows a existing zoning as well as discussed in the land release hierarchy planning Council’s recently endorsed Sorell Land Supply process including Strategy 2017.

 Greenfield targets in the urban growth boundary

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 60 of 308  Conceptual sequencing plan  Precinct structure plan  Subdivision permit  Use and development permit

SRD 2.6 Increase densities to an average This is limited to the use of General Residential of at least 25 dwellings per zone hectare within a distance of 400 to 800 metres of an integrated transit corridor and Principal and Primary Activity Centres

SRD 2.7 Distribute residential infill This is currently occurring with the development growth across the existing of vacant land especially in the Midway Point urban areas for the 25 year area planning period.

SRD 2.8 Aim for the residential zone in Provision has been made for this to occur by planning schemes to encompass utilising the Future Urban zone in the LPS to a 10 to 15 year supply of provide for greenfield residential land supply. greenfield residential land when calculated on a whole of settlement basis for Greater Hobart

SRD 2.9 Encourage a greater mix of This is currently occurring in line with the residential dwelling types across development standards attributed to the the area with a particular focus General Residential zone in particular with on dwelling types that will multiple dwellings. provide for demographic change including an aging population

SRD 2.10 Investigate the redevelopment Limited capacity in particular adjacent to to higher densities potential of townships however strategic regard is made for rural residential areas close to future urban zone adjoining the Sorell Township. the main urban extent of Greater Hobart

SRD 2.11 Increase the supply of Sorell has a capacity to provide affordable affordable housing housing due to land and house prices as well as with a diversity of dwelling types including single and multiple dwellings.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 61 of 308 3.4 Community Strategic Plan, (s34 (2) (f)) Section 34(g) requires that the planning scheme “as far as practicable The Community Plan 2013 is currently under review in order to ensure its currency with respect to the requirements of the Local Government Act 1993. Consultation occurred during December 2017. The following is based on the version in effect at December 2017.

The Sorell Council Strategic Plan 2014-2018 provides the following principles which will be discussed accordingly with reference to the LPS:

Valuing the balance between the natural environment, community settlements, rural landscape, scenic waterways and development

Comment:

Within the constraints of the Act and the SPP requirements, the LPS provides for growth and development and has considered the importance of local input into the development of the LPS. This includes incorporating the recommendations of the local area strategies, assessment of land for agriculture / rural zones, priority vegetation mapping and landscape protection local assessment. These have been appropriately informed by both local planning staff as well as qualified persons with expertise in the above-mentioned matters.

The LPS includes new SAPs that aim to create high quality, liveable communities including those relating to onsite waste water management, dispersive soils and stormwater management which are intended to focus such important local matters at the planning stage especially with respect to the Southern Beaches area.

Other SAPS relate to reintroducing specific lot density controls (which currently exist in the SIPS) differing from the SPP which respond to local conditions and intended to respond to the differing matters associated with local environments i.e. balancing the natural environment, community settlements, public health and economic development.

Striving for financial sustainability

Comment:

Sorell Council provides strong leadership shown by its commitment and undertaking for planned financial and asset management. Resource sharing between Councils in the region provides evidence of the value for future planning and service provision.

Furthermore Sorell needs to respond to changes and respond to opportunities to strengthen and broaden its economic base together with responding to the need to retain a local work force in the municipality rather than as presently occurs that a high degree of the local community works outside the area. Consequently there is a need to attract investors, grow the population, encourage business including light industrial and thereby support sustainable development whilst enhancing liveability in the municipality.

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Maximising Sorell Council’s value to the Municipal Area and encouraging a positive customer focused culture

Comment:

Whilst this is outside the scope of the LPS / SPP it is proposed that the local provisions will provide a positive local response aimed at facilitating the local strategies endorsed by both the Council and the community. Sorell Council’s leadership is enhanced by engagement with the community in planning and community involvement together with transparent decision making and advocacy coupled with a strong commitment and undertaking for planned financial and asset management. Resource sharing between Councils in the region provides evidence of the value for future planning and service provision.

Facilitating growth and new opportunities

Comment:

The LPS provides for the zoning of land that enables work and living choices across urban, rural townships and both rural living & rural areas. The proposed additional future urban areas adjoining the Sorell Township are intended or both residential and light industrial areas to support both future residential and work opportunities in the township. 3.5 Adjoining Municipal Areas and Coordination (s34 (2) (g)) Section 34(g) requires that the planning scheme “as far as practicable, is consistent with and coordinated with and LPS’s that apply to municipal areas that are adjacent to the municipal area to which the relevant planning instrument relates”.

The adjacent municipal areas that are applicable are Tasman, Southern Midlands, Clarence and Glamorgan Spring Bay at the time of writing, the three later Councils have advanced draft LPS’s to review by the Commission. The draft zone mapping associated with their respective LPS’s have been provided to Sorell and it is considered that they are either in the Rural Zone, Agriculture Zone or Environmental Management Zone (which is currently a similar zoning pattern) and efforts have been made to reflect both the local requirements associated with zone allocation and the adjoining municipal area. It is acknowledged that each of the adjoining municipalities will be notified of the LPS public exhibition directly and may forward submissions in regard to any issues concerning common municipal boundaries.

In Code overlays, consistency will be delivered by the incorporation of State provided overlays for waterways, coastal erosion, future coastal refugia, and landslide and from agencies such as TasNetworks for electricity infrastructure due to common approaches to mapping those issues. Other than overlay mapping provided by the State consistent matters will be incorporated including, Priority Vegetation Area allocations in the Natural Assets Code (state consistency is attributed to the methodology and delivery of outcomes by the consultant who has provided the priority vegetation mapping on a state basis), Agricultural mapping and methodology for attributing scenic values and associated management objectives for Scenic Protection Areas.

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Map of adjoining municipalities (Source: The List – www.thelist.tas.gov.au) 3.6 Gas Pipelines Act 2000 (s34 (2) (h) There are no gas infrastructure in Sorell consequently this Act is not applicable to the municipal area.

4.0 Local Land Use Strategies

Section 2.1 of STRLUS states that;

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

The following local land use strategies have been used to inform the preparation of this LPS and includes the:

 Sorell Land Supply Strategy 2017; and  Dunalley & Environs Structure Plan 2013;

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4.1 Sorell Land Supply Strategy 2017 Echelon Planning was engaged by Sorell Council to prepare a Land Supply Strategy for the municipality and as a result this strategic document was endorsed by Council in early 2017. It should be noted that this firm has been re-engaged in 2019 to review key findings in light of recent development pressures. The current Land Supply Strategy addressed the following:

• Stage 1: Land supply and demand analysis for residential, industrial and commercial land;  Stage 2: Assessment of expansion options for residential, industrial and commercial land; and  Stage 3: Preparation of masterplans for expansion options for residential, industrial and commercial land.

The final Stage 3 report provided masterplans for the recommended options from the Stage 2 report. The main focus of the report is the “Sorell Township Growth Area” where the majority of the residential and industrial growth are proposed to occur. Details are also provided for the other recommended residential and commercial growth precincts. Refer to Figure 1 for the location of these (note that the site numbers “R7” etc. refer to the options from the Stage 2 report). The majority of the residential sites and the light industrial site are located in the Sorell Township although residential sites are also located in Lewisham and Dodges Ferry, and other commercial sites are scattered throughout Midway Point and the Southern Beaches.

This Stage 3 Report was prepared based on workshops with Council staff, state government representatives and Councillors and included analysis of data from the Stage 2 report which comprised mapping data from Council, aerial photos, planning overlays, and site visit data. The Stage 3 report stated that “The Sorell Township Growth Area will”:  Accommodate the majority of the municipality’s residential growth  Provide diverse housing options and increased densities  Be well connected to Hobart including via improved public transport services  Have direct pedestrian and cycling links to the town centre  Feature a permeable network of pedestrian and cycling links  Protect its environmental features  Locate public open space within walking distance of all dwellings  Provide local employment opportunities  Assist to improve education facilities The Masterplan (refer to Figure 1 below from the report) is based on the expansion of the Sorell township to the east / south-east and accommodates the land that has been identified in Stage 2 of the Sorell Land Supply Strategy as the most suitable for urban development given its proximity to the town centre and the presence of fewer constraints compared to other sites.

To provide a diversity of housing choice and efficient use of land, medium density housing is concentrated near the town centre and local parks. The rest of the residential land provides for conventional density housing. There is also a separate area of land to the west of Nash Street that provides for conventional density options.

An area of approximately 11ha is set aside for a light industrial estate located in the north-east corner where the land is flatter and where the existing roads can be used to assist with providing a buffer between houses and light industrial uses.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 65 of 308 Recommended Option

The future highway corridor will provide a key access route into and through into the site, although it is not yet known whether it will be an arterial road with limited access points, or a local road if it is determined that a bypass is no longer required in this location.

Access options from the Arthur Highway are likely to be limited to one access at the roundabout that is planned at Nugent Road. Access from the Tasman Highway could potentially be provided via the future road corridor. However, if this is constructed as a local road, the southern extent with the bridge may not be necessary (subject to traffic engineering advice).

The main road linkages through the site are depicted on the masterplan. The road to the west provides a delineation of the boundary between the urban and rural land. The road through the centre of the site provides a linkage to the future road corridor and proposes a roundabout in this location. Individual subdivision applications will further define the local road network, which should provide a permeable grid-like network that promotes ease of movement and minimises the use of cul-de-sacs.

A network of walking and cycling tracks is proposed through the site to provide access to the town centre, bus route and local parks. The network includes loop tracks to encourage exercising for recreational purposes.

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Figure 3. Overview of Sorell Land Supply Strategy Master planning Precincts (Figure 1 in the Stage 3 report of the Sorell Land Supply Strategy 2017)

Housing

The masterplan provides for both conventional and medium density housing. The majority of the site is identified for conventional density housing. An area of medium density housing is identified along the Sorell Rivulet where the land is within easy walking distance to the town centre and the public transport. A node of medium density housing is also identified adjacent to the centrally located park. The medium density housing could consist of terraced houses, town houses, and dual occupancies.

A separate area west of Nash Street is also identified for conventional density residential expansion.

Light Industrial Estate

An 11ha light industrial estate is identified for the relatively flat area of land south of the Arthur

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 67 of 308 Highway. The highway to the north, the future road corridor to the west and the proposed road to the east will provide buffers between the light industrial uses and the surrounding land.

The masterplan provides for light industrial land with a residential interface. This relationship between the industrial and residential uses needs to be carefully considered but these land uses can coexist. Table 1 below identifies a range of design treatments that can be used to address interface issues such as noise, visual impacts and light spill.

Settlement Structure

The rate of growth and the development densities should be monitored regularly to ascertain whether these staging assumptions need to be revised and whether the net density of 15 dwellings per hectare is being achieved. The timing of the Stages is likely to be as follows:  Stage 1 (19.73 ha) – 2017 – this land is already in the Particular Purpose (Urban Growth) Zone and should be zoned General Residential immediately. The Sorell Land Use Strategy identifies it as part of the existing Greenfield land supply, and its rezoning will result in an 8.0 year Greenfield land supply being provided (approximately 553 lots including the other Greenfield developments identified in the strategy, i.e. 36 Pawleena Road and 195-227 Penna Road).  Stage 2 (34.87ha) – 2017 – this stage includes the Light Industrial Estate and 34.87ha of residential land which will provide approximately 348 additional dwellings. This will take the supply to 13.1 years (901 total lots).  Stage 3 (8.01ha) – 2017 – this stage will provide approximately 80 lots (1.2 years of supply) which will take the 2017 supply to 14.2 years.  Stage 4 (33.15ha) – between 2017 and 2022 – this stage is likely to be needed sometime within the next 5 years to provide another 331 dwellings (4.8 years of supply).  Stage 5 (16.14ha) – when needed – this would provide another 161 lots (2.3 years of supply) when needed.  Stage 6 (45.73ha) – when needed – this would provide another 457 lots (6.6 years of supply).

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Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 69 of 308 4.2 Dunalley & Environs Structure Plan October 2013 In January 2013, the Forcett to Tasman Peninsula bushfire devastated the township of Dunalley and surrounding areas including Boomer Bay and Connellys Marsh. In Dunalley and Boomer Bay alone, over 50% of houses were completely destroyed along with countless sheds, farming infrastructure, livestock and commercial operations. As a result of the substantial rebuilding task Council reprioritised its strategic land use planning projects.

It is intended that this structure plan provides an overarching strategic document that guides future use and development within Dunalley and the surrounding area over the next 10 to 20 years. It articulates a framework to guide decisions made by Council, the community and other stakeholders in relation to activities in both public and private realms.

Dunalley is the largest rural based town within the Sorell municipality and supports the small residential areas of Boomer Bay and Connellys Marsh, surrounding rural land and marine based activity in Blackman Bay. It also provides services to a broader catchment including Murdunna and other parts of the neighbouring Tasman municipality.

Settlement Structure

Dunalley provides day to day services for the surrounding community and communities at Boomer Bay, Marion Bay, Connellys Marsh and Murdunna. Existing local services include the bakery, petrol station(s), post office, convenience store(s), real estate agent, hairdressers, sail makers, the Waterfront Gallery and Café, Dunalley Hotel and the Dunalley Fish Market.

Infrastructure

Reticulated electricity and telecommunications is provided throughout the study area. There is no access to reticulated water infrastructure: the community is reliant upon tank water.

Reticulated sewerage is available within Dunalley. The current extent of this sewerage scheme is shown adjacent. TasWater (formerly known as Southern Water) now accepts direct connections into the sewerage scheme, which eliminated the need for on-site septic tanks within the serviced area. Sewerage is disposed into a lagoon treatment system located off Fulham Road. There is capacity within the existing scheme for additional loading.

STRLUS

 Dunalley is identified as a ‘Township’ within the region. A township is defined as a residential settlement which should have a prominent town centre providing a number of facilities, some local employment opportunities and convenience shopping. The population range should generally be within 500 to 1500 persons and it should be supported by a lower level activity centre, primarily providing a focus for day to day life within the community.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 70 of 308  The most appropriate lower level activity centre relevant to Dunalley, that is provided for within the Regional Land Use Strategy is a ‘minor or neighbourhood centre.’ The role of this activity centre as defined under the Regional Land Use Strategy is to serve the daily needs of surrounding community and provide a focus for day to day life within a community.

 The specific residential growth strategy for Dunalley is low (growth less than a 10% increase in the number of dwellings across the 25 year planning period), with a focus on consolidation. A consolidation scenario indicates that growth should be predominantly in the form of infill development within existing zoned areas. This can involve development of existing subdivided lots, subdivision of existing zoned but vacant or under-developed land or construction of additional dwellings on under-developed land.

Urban Design

The recognition of a precinct based structure for core activities and facilities providing a spatial structure for Dunalley Township through the creation of four key precincts:  The Village Precinct;  The Cove Precinct;  The Community Precinct; and  The Recreation Precinct.

Sprawl and ribbon development not only increase impacts on the natural environment but create impediments to a socially active, walkable and vibrant community. This doesn’t have to mean high density development, but rather compact town centres comprising not only retail and business activities but a mix of complementary land uses, surrounded by predominantly single dwelling residential development.

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Ensure planning scheme provisions provide for the following lot sizes for the following zones indicated in maps on Pages 44 & 45:

 Low Density Residential Density Area A – 800-1000m2;

 Low Density Residential Density Area B – 1500m2;

 Rural Living – 1ha.

is primarily on the slopes above the Arthur Highway. It is appropriate to maintain a density around 1000m2 to 1500m2 per dwelling in these areas.”

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 72 of 308 5.0 South East Regional Development – Economic Infrastructure Development Study 2015

5.1 Discussion Reference is also made to the “SERDA: Economic Infrastructure Development Study” (August 2015) which was prepared by KPMG. The report’s aim is to prepare a 10 year regional economic infrastructure strategy that:

 considers existing economic infrastructure opportunities that have been identified, including: o the South East Irrigation Scheme o the Hobart Airport expansion, growth in tourism in Tasmania o agriculture and aquaculture expansion o waste management consolidation o residential development, and o other commercial and industry development

 identifies the supporting infrastructure for these opportunities, including transport, off site handling,  processing and storage (particularly the SEIS);  takes into account the key demographic and economic modelling that will underpin these growth  requirements and supporting services; and  provides an overall framework of staging, responsibility and economic feasibility for infrastructure provision.  The strategy aims to establish an evidence-based decision making framework, for the consideration and  development of these infrastructure opportunities. This will reflect the following objectives:  ensuring resilience and coordination across the region when it comes to investment;  realising the region’s ability to contribute to economic growth; and  increasing the quality of life for the region.

This framework is to be used for State and Local Government to maximise the use of existing assets, and enable targeted investment into new infrastructure to accelerate economic performance, and encourage private investment in the region. The study will also provide conclusions around infrastructure and growth scenarios. The framework will include a cost-benefit analysis of recommended infrastructure types and their provision, and will focus on a 10-year implementation plan that considers staging and other risk factors and considerations.

It is to consider:

 sectoral analysis, including roads, ports, airport, energy, telecommunications, water (including potable  water), irrigation, sewerage, land availability and education and health needs forecasts.  review regulatory issues and requirements  explore infrastructure financing options  economic and demographic growth projections and trends

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 73 of 308 6.0 Zones

6.1 Application of Zones – Guidance Documents Ministerial Guideline No 1 - Local Provisions Schedule Zone and Code Application was issued in October 2017 (revised) by the Commission, with the approval of the Minister, under Section 8A of LUPAA. The guideline outlines instructions for the application of the SPP for the application of all zones and codes with particular emphasis on Section LP1.0 of the SPP’s which outlines the requirements for the contents of the LPS. Section LP1.2 directs that the LPS is to contain a map that provides the spatial application of the relevant zones for each council area.

Guideline No.1 directs that the “primary objective in applying a zone should be to achieve the zone purpose to the greatest extent possible”. This is consistent with the Schedule 1 Objectives of the LUPAA, however must also be read in conjunction with the allowance for overriding local provisions to be included in a LPS and the requirement to demonstrate that it promotes sustainable use and development.

6.2 Summary of Changes & Transitional Provisions The following provides a summary of zone changes that are proposed in the LPS.

For the most part, the Sorell LPS carries through existing Interim Planning Scheme zoning, as those put forward in the Zone Application Guidelines. The associated changes in zone standards are generally minor and it is considered that the strategic intent underpinned by the STRLUS and local strategies was not compromised by the SPP’s. A comparison and assessment of zone and code content of the SPP as compared with the existing SIPS is included at Appendix 2. The process of LPS development has determined that despite the zone purpose and/or uses of the SPP’s being determined by the State to be the ‘best fit’ to achieve the primary objective, that some associated standards of the zone did not result in sustainable outcomes, in direct conflict with the requirements of Section 34. This has resulted in this LPS including SAP’s and SSQ’s that are discussed in detail in Section 9 below.

Proposed changes to zoning have resulted from:

o the statements contained in Guideline No.1; o the removal of the Environmental Living Zone from the SPP; o introduction of the Landscape Conservation Zone; o the results of the State’s mapping of ‘Land Potentially Suitable for Agriculture Zone’ and subsequent local analysis; o Correction of local anomalies; and o Consultation with Infrastructure agencies such as TasWater and Department of State Growth (roads authority).

Proposed zone changes departing from a “like for like” conversion from the SIPS are discussed in more detail below;

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 74 of 308 Lot 7 Weston Hill Road, Sorell (CT 123265/7

Discussion

The property at Lot 7 Weston Hill Road, Sorell, CT 123265/7 (hatched) is 89m2 in area and is improved by a “break pressure tank”. TasWater was consulted in May 2018 and they confirmed that this property (owned and operated by TasWater), would be more appropriately rezoned Utilities from its current zoning of Low Density Residential in SIPS 2015. It is clear that the property (and existing use) is more appropriately zoned Utilities given the zone purpose is “26.1.1 To provide for major utilities installations and corridors” rather than as a residential zone.

It is considered that the low density residential zone allocation serves no clear purpose but rather the Utilities zone, intended for “major utilities and corridors” is more appropriate.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 75 of 308 Lot 1 Weston Hill Road, Sorell (CT 79582/1)

Discussion

The property at Lot 1 Weston Hill Road, Sorell, (CT 79582/1) is 685m2 in area and is improved by a reservoir. TasWater was consulted in May 2019 and it was and they confirmed that this property (owned and operated by TasWater), would be more appropriately rezoned Utilities from its current zoning of Rural Resource in SIPS 2015. It is clear that the property (and existing use) is more appropriately zoned Utilities given the zone purpose is “26.1.1 To provide for major utilities installations and corridors” rather than as a residential zone.

It is considered that the rural resource zone allocation serves no clear purpose but rather the Utilities zone, intended for “major utilities and corridors” is more appropriate.

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34A, 32 - 34 Brady Street Midway Point & adjacent titles CT 175658/1 & CT 61279/51

Discussion

The properties at 34A, 32 - 34 Brady Street Midway Point & adjacent titles CT 175658/1 & CT 61279/51 are currently zoned Environmental Management Zone whereas it is considered that this is an anomaly due to errors in translation to SIPS 2015. The 1993 Planning Scheme showed these properties as being Open Space. The properties are improved by the Midway Point Yacht Club, Scout Meeting Hall, part access (reserve) and local park.

The past and present primarily function of these properties is for community use through the Midway Point yacht club and Scout meeting hall rather than for environmental management. The land is improved by a club houses and there are launching facilities for the yacht club.

CT 17658/1 includes part of a land along the water’s edge and a local park improved with playground equipment.

These properties do not contain any priority vegetation mapped as associated with the Natural Assets Code. The properties are improved by community clubs and associated infrastructure such as carparking areas, access and local playground. The zone purpose statements associated with the Environmental Management Zone are not deemed to be applicable to these properties ie “to provide for the protection, conservation and management of land with significant ecological, scientific,

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 77 of 308 cultural or scenic value”. There are no such values associated with these properties. Rather it is argued that the zone purpose for Open Space zone is more appropriate which states “to provide use and development that supports the use of the land for open space purposes or for other compatible uses” is deemed to be more appropriate and would also better translate from the 1993 planning scheme

It is considered that the change to Open Space meets the Zone Application Guidelines for Open Space and would prevent more intrusive recreation activities. As stated earlier there are no significant natural values on these properties.

It is considered that the environment management zone serves no clear purpose for these properties which are improved for community / local recreation purposes but rather it is proposed that it be amended to Open Space zone especially when no clear environmental priority exists. more appropriate.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 78 of 308 706, 708, 710, 712 & 714A Bay Road, Marion Bay

Discussion

The properties 706, 708, 710, 712 & 714A Bay Road, Marion Bay are presently zoned Environmental Management Zone. An investigation of these properties has confirmed that an error in translation had occurred at some time in the past from the approved hard copy land use zoning maps associated with the previous Sorell Planning Scheme1993 to the GIS mapping in the present SIPS 2015. The 1993 planning scheme had these properties zoned Rural and the property to the rear as Rural.

Whilst there is no clear reason for this anomaly one suggestion may be that these properties were zoned as per the property to the rear which has an access to Bay Road which has a similar width as these properties have which was zoned Open Space. The 5 properties are all vacant land are have no identified hazards associated with the SIPS 2015 document and associated Codes.

A review of the priority vegetation mapping associated with the Natural Values Code shows no evidence of threatened species.

These properties clearly have lot design qualities of residential lots which is consistent with others to the north and south. It is proposed to zone these subject properties Low Density Residential Zone. It is contended that the low density residential zone for these properties meets the zone application guidelines for this zone and not for the existing environmental management zone. Furthermore addressing an anomaly in translation from the 1993 planning scheme to the SIPS 2015. It is also noted that the properties are in private ownership. The zone purposes for Low Density Residential is more appropriate stating “10.1.1 to provide for residential use and development in residential areas where there are infrastructure or environmental constraints that limit the density, location or form of development”. To retain the present environmental management zone is not in keeping with

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 79 of 308 these properties given that there are no identified environmental attributes, adjacent lots are zoned low density residential and it is contended that any future use should be that of residential.

It is considered that the environment management zone allocation serves no clear purpose but rather it is proposed that it be amended to Low Density Residential zone, intended for compatible residential uses especially as in this case when there is no clear environmental priority existing.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 80 of 308 Properties currently zoned Particular Purpose Zone 1 – Urban Growth Zone

The land is currently zoned Particular Purpose Zone 1- Urban Growth Zone (as shown above) and includes a number of properties all of which are included in the Urban Growth Boundary associated with the Southern Tasmania Regional Land Use Strategy (STRLUS).

Sorell Township

Sorell Council commissioned Echelon Planning to prepare a Sorell Land Supply Strategy 2017 (SLSS) for the municipality to consider its current and future residential, industrial and commercial land supplies. As a result Stage 3 report provided masterplans for the recommended options from the Stage 2 report with the main focus being the Sorell Township Growth Area where the majority of residential and industrial growth are documented. As a consequence it is proposed to rezone the land currently zoned Particular Purpose Zone 1- Urban Growth Zone to General Residential Zone. This land is located between the Sorell Rivulet and the proposed Eastern Bypass which the SLSS stated should be stage 1 so as to provide an “8.0 year greenfield land supply” and should be “zoned General Residential immediately”. It is noted that this land is located within the Urban Growth Boundary designated under STRLUS. The consultants were engaged to revisit their 2017 Strategy in response to recent increase in growth that Sorell and the Region is currently experiencing. They have provided “indicative concept masterplan for this Sorell – Eastern Corridor and an updated 2019 reports including amended Stage 3 – Masterplans.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 81 of 308 Furthermore in response to the SLSS it is proposed to rezone the land to the east of the bypass from Rural Resource to Future Urban Zone identified in the Strategy for future residential growth. The SLSS clearly considered all strategic aspects including STRLUS and has concluded that this change in zoning is required to continue the sustainable residential and economic development of both the Township and the municipality.

As stated this recommendation is supported by a recent detailed local strategic analysis undertaken on behalf of Council with its due support and endorsement. It is considered that these recommended changes to amend identified lands to General Residential Zone is in accordance with s34 of LUPA in that this amendment is “as far of practicable, is consistent with the regional land use strategy…”.

It is considered that the particular purpose zone – urban growth zone allocation is now better served to be amended to General Residential zone, intended for compatible residential uses especially as there is strategic justification for this to occur.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 82 of 308

82 Pawleena Road, Sorell

Discussion;

The Sorell Land Supply Strategy has considered this property and recommended in the Stage 3 report that it be rezoned from Rural Living to Low Density Residential “so that Sorell continues to have a small supply of Low Density sites available to contribute to housing diversity” (pg21).

Whilst the Strategy had recommended that this property and the adjacent three be zoned low density residential it is considered that it would not be appropriate given that the other three properties adjoin land designated to be Agriculture Zone whereas 82 Pawleena Road adjoins General Residential zoned land which has a permit for subdivision at an urban density applicable to the General Residential zone.

The zone purposes for Low Density Residential is more appropriate stating “10.1.1 to provide for residential use and development in residential areas where there are infrastructure or environmental constraints that limit the density, location or form of development”. The Strategy clearly identifies that Sorell only has a small supply of land so zoned and if rezoned would “contribute to housing diversity”.

It is considered that this property currently zoned rural living zone is more appropriately zoned Low Density Residential zone, intended for compatible residential uses especially as there is strategic justification for this to occur.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 83 of 308 Lot 2 Arthur Highway, Sorell, 3 Kidbrook Road, Sorell, 136 Arthur Highway, Sorell and Lot 1 Arthur Highway, Sorell

Discussion;

The Sorell Land Supply Strategy has considered residential growth and provided a detailed assessment titled 3 Sorell Township Growth Area and has recommended a “number of stages with rezonings occurring when Sorell’s greenfield residential land supply falls below a 15 year supply”. Consequently it is recommended that these properties recommended in the Stage 3 report be rezoned from Rural Resource to Future Urban Zone “ ( a staging plan is provided on pg 18).

The use of the Future Urban Zone is being applied to land identified for future urban development in order to protect land from use and development that may compromise its future urban development. The Sorell Land Supply Strategy 2017 has investigated the need for residential, business and industrial activities in order to maintain the sustainability of the municipality. Consequently the recommendations of that report are incorporated in this LPS concerning identified areas for future urban zone. It is considered that these amendments are consistent with the zone purpose statement “to support the planning rezoning of land for urban use and development in sequence with the planned expansion of infrastructure”. Extensive discussions have occurred with major infrastructure providers including State Growth and Tas Water. It is considered that future investigations and

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 84 of 308 appropriate land use zoning would be undertaken including detailed submissions concerning the adjustment of the Urban Growth Boundary to accommodate the appropriate land use zone to allow residential, business or industrial activities and associated uses within this zone as required. As stated this recommendation is supported by a recent detailed local strategic analysis undertaken on behalf of Council with its due support and endorsement. It is considered that these recommended changes to amend identified lands to Future Urban Zone are in accordance with s34 of LUPA in that these amendments are “as far of practicable, is consistent with the regional land use strategy…”.

The consultants have discussed the development potential with TasWater who responded by stating that these properties would generally be able to be serviced up to the 45m contour consequently three of the subject lands have been split zoned to correlate with this limitation. These limitations are considered to be appropriate and respond to potential infrastructure limitations.

It is considered that these properties currently zoned rural resource zone would be more appropriately zoned Future Urban (with due respect of the 45m AHD contour limitation), intended for future compatible residential uses especially as there is strategic justification for this to occur.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 85 of 308 139 & 141 Main Road, Sorell

Discussion;

The Sorell Land Supply Strategy has considered residential growth and provided a detailed assessment titled 3 Sorell Township Growth Area which includes 139 & 141 Main Road, Sorell for “conventional density housing” (pg15).

139 Main Road, Sorell is currently zoned Rural Resource and is improved by a number of “commercial” activities that were originally allowed for under a specified departure in the previous Sorell Planning Scheme 1993 including commercial/light industry/bulky goods/rural supplies sales.

141 Main Road, Sorell is currently zoned Community Purpose and is vacant (previously improaved by a single dwelling).

It is noted that the northern portion has been recently been rezoned to General Residential (Amendment No. 43.2018.1) – pg 29 which the Stage 2 report had identified current uses including the northern portion as being vacant and adjoining residential land. The Tasmanian Planning Commission had approved to be rezoned to General Residential and acknowledged that the southern portion as being commercially developed. It is also noted that the Minister had also approved an extension to the Urban Growth Boundary.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 86 of 308

The property 139 Main Road is privately owned and in the 1993 scheme was zoned Rural with specified departure no. 4.2.5 which allowed certain uses (amendment 1/2002 – 23/7/02). Investigations shows Council acknowledging past uses;

It is noted that all the existing activites on this land including Bulky Goods Sales, Showroom , Farm Centre, Plant Nursery and Contractors Depot would be prohibited in the SPP whereas the majority would be discretionary in either General Business or Light Industrial. There would also be limited opportunity for Bulky Goods Sales (permitted) and Showroom, Storage and Service Industry (discretionary) in a Local Business Zone.

Sorell Township Master Plan (update) 2015 stated that this land should have a strategic direction for “high quality residential land uses along the waterfront – possibility of relocating the existing industrial uses to more appropriate locations” (pg27).

Sorell Land Supply Strategy 2017

- stage 3 of residential growth plan (pg 18) - Stage 2 R13 discussed the entire 8.12ha inc defunct bypass land “key disadvantages – the site is already partially developed for commercial activities” – R13 rated as “rank 2) - Stage 2 report assessed industrial option identifying 8 options including this one (but in its entirety) – ranked 6 out of 8 – do not pursue as industrial (pg 50)

Conclusion – The current Rural Resource zone is not considered appropriate and it is acknowledged that current uses generally have demonstrated compatibility with adjacent residential and environmental uses.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 87 of 308

1. Industrial – Possible as it has been compatible in the past however the location adjoining the RAMSAR site is not encouraged unless site specific qualifications are introduced.

The zone purposes for Light Industrial is more appropriate stating “18.1.1 to provide for manufacturing, processing, repair, storage and distribution of goods and materials where off site impacts are minimal or can be managed to minimse conflict with, or unreasonable loss of amenity to, any other uses.”. The Strategy clearly identifies that Sorell only has a small supply of industrial land and such activities currently operate from the property.

It is considered that 139 Main Road currently zoned rural resource is more appropriately amended to Light Industrial zone, intended for uses which include those currently operating from the site especially as there is strategic justification for this to occur.

141 Main Road, Sorell (comprising three small land titles) is currently vacant and zoned Community Purpose. This property is owned by Sorell Council. There is no proposed public use for this property, surplus to Council’s needs and it is considered appropriate for the land to be zoned Light Industrial as indicated by the strategy. The Strategy has considered this property and 139 Main Road as appropriate to be zoned Light Industrial and discounting other zones as being in compatible with the immediate locality which is at the major entrance to Sorell Township (impacted upon by traffic as well as not being potentially suitable to residential development and its associated increase in vehicle movements) and opposite the Inghams poultry processing facility

The zone purposes for Light Industrial is more appropriate stating “18.1.1 to provide for manufacturing, processing, repair, storage and distribution of goods and materials where off site impacts are minimal or can be managed to minimse conflict with, or unreasonable loss of amenity to, any other uses.”. The Strategy clearly identifies that Sorell only has a small supply of industrial land. There is potential for this property to share a common development footprint and associated vehicle access with 139 Main Road if both were zoned Light Industrial

It is considered that 141 Main Road currently zoned community purpose is more appropriately amended to Light Industrial zone, to better respond to the traffic and other non-residential impacts.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 88 of 308 Part 2-6 Penna Road, Midway Point

Part of 2-6 Penna Road, Midway Point which is currently zoned General Residential is currently used by the existing Tavern as part of their carpark.

Discussion;

The Sorell Land Supply Strategy has considered the need for additional commercial land and has recommended the minor expansion of the local commercial area of Midway Point from General Residential to Local Business zone.

It is noted that part of this property is zoned residential however it functions as an integral part of the existing Midway Point Tavern improved by carparking and additional access to the site. The land zoned residential comprises two land titles which are under the same ownership as the other title improved by the Tavern.

It is considered that the General Residential zone, is more appropriately amended to Local Business zone, intended for compatible local business uses especially as there is strategic justification for this to occur.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 89 of 308 19 Penna Road,

Discussion;

19 Penna Road, Midway Point is comprised of two land titles and is currently used as a Child Care Centre formerly operated by Council but now privately operated (but still owned by Council). The land adjoins local business zoned land to the south east and would be a logical extension of the small group of local commercial land.

It is considered that the Community Purpose zone, allocation is now better served to be amended to Local Business zone, intended for compatible local business uses especially as there is strategic justification for this to occur.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 90 of 308 15 Signal Hill Road, Dodges Ferry other long term expansion

Discussion;

The Sorell Land Supply Strategy has considered the need for additional commercial land and has recommended the minor expansion of the local commercial area of Dodges Ferry from General Residential to Local Business zone.

The SLSS recommends that the Dodges Ferry Shopping Centre have expansion provisions including the vacant land portion of 15 Signal Hill Rd proceeding as Local Business resulting in a split zone to the property. The resultant split would be approximately 1300m2 to the additional local business zone with the remainder being approximately 2460m2.

It is considered that the General Residential zone, allocation is now better served to be amended to Local Business zone, intended for compatible local business uses especially as there is strategic justification for this to occur.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 91 of 308 C – Carlton – 331 Carlton Beach Road

The property is currently zoned Local Business. It is intended back zone to Low Density Residential which respond to properties adjoining. It is however noted that the SPP allows General Retail and Hire as a discretionary use but with the qualification “if for a local shop” which is considered to have been to past intention for this property as well as consideration of other non-residential uses. A past development application was approved in 2010 for holiday flats and convenience store under the previous 1993 planning scheme. It has not been undertaken and the permit has lapsed.

Currently vacant and it is intended to rezone to low density residential.

It is considered that the property which is currently zoned Local Business zone, is more appropriately amended to Low Density Residential zone, intended for compatible residential uses.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 92 of 308 579 Primrose Sands Road

Discussion;

The Sorell Land Supply Strategy has considered the need for additional commercial land and has recommended the minor expansion of the local commercial area of Primrose Sands from Low Density Residential to Local Business zone.

It is considered that the property which is currently zoned Low Density Residential zone, is more appropriately amended to Local Business zone, intended for compatible local business uses especially as there is strategic justification for this to occur.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 93 of 308 Environmental Living

The SPP no longer has an Environmental Living Zone as is currently the case in the Sorell Interim Planning Scheme 2015. Consequently Council is tasked to consider the most suitable zoning under the SPP for those properties that are currently zoned Environmental Living to most.

It is necessary to consider the content of the SPP Rural Living Zone provisions and determine whether those provisions are applicable to the land in question. Applying the Rural Living Zone is to be justified in accordance with Guideline No. 1 and this involves addressing RLZ1, RLZ2, RLZ3 and RLZ4, where relevant.RLZ2 has 3 alternative options, where only one of these options needs to be justified in each case. The options for justification are:-

 Application of the Rural Living Zone is to be consistent with the relevant regional land use strategy; or  Application of the Rural Living Zone is to be consistent with more detailed strategic analysis that is consistent with the relevant regional land use strategy; or  Application of the Rural Living Zone is to land that is currently zoned Environmental Living in an existing interim planning scheme.

Guideline No. 1 provides guidance for the application of each SPP zone in particular see RLZ 11, RZ 20, AZ 21 and LCZ 22.

Rural Living Rural Landscape Conservation

Intent To provide for residential To provide for less significant agricultureTo protecas To provide for the use or development in a well as rural activities, forestry & quarries. protection, conservation rural setting and to provide and management of for compatible agricultural landscape values and use use and development that and development that does not adversely impact does not adversely impact on residential amenity. on the protection, conservation and management of landscape values.

Subdivision Minimum lot sizes Limited potential. Subdivision must either: Limited potential.

 Rural Living Zone A =  provide a 40ha minimum lot size with 1ha discretion for smaller (but cannot be  Rural Living Zone B = for a residential or visitor 50ha minimum lot size 2ha accommodation use), or that may be reduced to  Rural Living Zone C =  excise an existing dwelling or visitor 20ha. 5ha accommodation building subject to  Rural Living Zone D = prohibition on a house on the balance 10ha lot.

Land Uses No permit required Permitted uses include agriculture and Permitted uses are includes single dwelling activities associated with agriculture, limited. including paddock to plate type ventures as Permitted uses include, well as mining and storage among others. visitor accommodation Discretionary uses include tourism, agriculture, food

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 94 of 308 Discretionary includes Few uses are prohibited, as the zone is a services, education & limited food services (no form of a mix use zone where many occasional care outdoor more than 200m2) and activities may be appropriate. recreation, animal General Retail if for boarding. primary produce sales, or related to Resource Development or a local shop

Residential No permit required Discretionary and must not impact an Permitted for additions, adjoining use. discretionary for new.

Native Natural Assets Code Natural Assets Code provisions can apply to Natural Assets Code vegetation provisions can apply to minimise impact or to prevent clearing provisions can apply to minimise impact or to where values are significant. minimise impact or to prevent clearing where prevent clearing where values are significant. values are significant.

Scenic Can be considered via Can be considered via Code / Mapped Can be considered via Landscape Code / Mapped Overlay. Overlay. Code / Mapped Overlay.

Assessment of land zoned Environmental Living in the Sorell Interim Planning Scheme 2015 and translation to most suitable zoning under SPP.

Address Present Zone Proposed Zone Discussion

3 Annie Street Environmental Rural Living Zone The property was zoned Rural in the Living C previous Sorell Planning Scheme 1993.

Property has been cleared of vegetation following the Dunalley bushfires in 2013.

Priority Vegetation layer has it as Eucalypt ovata however no vegetation currently exists on the property.

3266 Arthur Environmental Landscape The property was zoned Rural in the Highway Living Conservation previous Sorell Planning Scheme Zone 1993.

Property is still predominately vegetated.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 95 of 308 Address Present Zone Proposed Zone Discussion

Priority Vegetation layer has it as Eucalypt ovata and vegetation predominately still exists on the property.

13 Russell Street Environmental Living Rural Living The property was zoned Rural in Zone C the previous Sorell Planning Scheme 1993.

Priority vegetation not identified but shown as habitat for fauna

Priority Vegetation layer has it as Eucalypt ovata.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 96 of 308 25 Russell Street Environmental Living Rural Living The property was zoned Rural in Zone C the previous Sorell Planning Scheme 1993.

Priority vegetation also identified as habitat for fauna

Priority Vegetation layer has it as Eucalypt ovata.

Generally cleared

35-41 Russell Environmental Living Rural Living The property was zoned Rural in Street Zone C the previous Sorell Planning Scheme 1993.

Priority vegetation also identified as habitat for fauna

Priority Vegetation layer has it as Eucalypt ovata.

Mostly vegetated but only one in this group

43 Russell Street Environmental Living Rural Living The property was zoned Rural in Zone C the previous Sorell Planning Scheme 1993.

Cleared land with very minimal priority vegetation

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 97 of 308

162 Bay Road Environmental Rural Living The property was zoned Rural in Zone C the previous Sorell Planning Living Scheme 1993.

Cleared land with very minimal priority vegetation, priority vegetation layer has it as minimal Eucalypt ovata.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 98 of 308

272 Bay Environmental Landscape The property was zoned Rural in the Road Living Conservation previous Sorell Planning Scheme 1993. Zone Remnant vegetation and threatened vegetation community – succulent saline herbland consequently conservation values exist.

262 & 278 Environmental Rural Living Zone The property was zoned Rural in the Bay Road Living C previous Sorell Planning Scheme 1993.

Minimal priority vegetation exists to warrant landscape conservation zone.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 99 of 308

40 Craigs Hill Environmental Landscape The property was zoned Rural in the previous Road Living Conservation Sorell Planning Scheme 1993. Zone Threatened Vegetation Communities – Eucalyptus amygdalina forest and woodland on sandstone

1, 2, 3, 4, 5, 6 Environmental Landscape The property was zoned Rural in the previous Pelican Place Living Conservation Sorell Planning Scheme 1993. Zone Threatened Vegetation Communities – Eucalyptus amygdalina forest and woodland on sandstone

387 Bay Road Environmental Landscape The property was zoned Rural in the previous Living Conservation Sorell Planning Scheme 1993. Zone

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 100 of 308 Threatened Vegetation Communities – Eucalyptus amygdalina forest and woodland on sandstone exists consequently conservation values exists.

470 Bay Road Environmental Landscape The property was zoned Rural in the previous Living Conservation Sorell Planning Scheme 1993. Zone Threatened Vegetation communities – saline sedgeland/rushland exists consequently conservation values exists.

Recent Planning Scheme Amendments

Amendment 43.2016.5 - Dunalley Marina

Approved by the Commission and commenced on 20 September 2018 this amendment involved the development of a new Particular Purpose Zone and associated map (below). This will be translated (with minor textual changes) into the LPS as SOR – P2.0 Particular Purpose Zone – Dunalley Marina.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 101 of 308

The amendment has been drafted to be compliant with the SPP and the PPU has been informed of the intended transition into the LPS as a particular purpose zone. The properties are intended to be zoned as SOR – P2.0 Particular Purpose – Dunalley Marina and has been included in the LPS with minor modification to comply with the SPP template and drafting requirements.

Amendment 43.2017.2, 56-62 Forcett Street, Sorell

Recently approved by the Commission and commencing on 25 May 2018 the amendment involved the rezoning of this land from Rural Resource to General Residential. This zoning has been translated into the LPS as General Residential.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 102 of 308 6.3 Zoning of Rural & Agricultural Areas

The Ministerial Guideline No. 1 sets out criteria as to when a zone can or can’t be applied. These Guidelines reference the Agricultural Land Mapping Project (ALMP) that provided mapping guidance for local councils. The guidelines and information on the mapping is available at www.planningreform.tas.gov.au. The following outlines the key differences between the zones and the rationale on how they have been applied.

Agriculture Rural

Intent To provide for agricultural activities and avoid To provide for less significant agriculture as well unrelated non-agricultural activities. as rural activities, forestry & quarries.

Subdivision Limited potential. Subdivision must either: Limited potential. Subdivision must either:

provide for an agricultural use, or provide a 40ha minimum lot size with discretion for smaller (but cannot be for a residential or excise an existing dwelling or visitor visitor accommodation use), or accommodation building subject to a prohibition on a house on the balance lot. excise an existing dwelling or visitor accommodation building subject to prohibition on a house on the balance lot.

Land Uses Permitted uses include agriculture and Permitted uses include agriculture and activities activities associated with agriculture including associated with agriculture, including paddock to paddock to plate type ventures. plate type ventures as well as mining and storage among others.

Discretionary uses must generally be associated with agriculture (transport, Few uses are prohibited, as the zone is storage, and manufacturing, bulky goods characterised as a mixed use zone where many sales) but also include education & occasional activities may be appropriate. care, animal boarding & food services & retail not associated with agriculture.

Residential Discretionary. Must be associated with Discretionary and must not impact on adjoining agriculture or located on a lot with no use. agricultural potential & the lot cannot be included in adjoining agricultural lots.

Native vegetation No consideration & no restriction. Code provisions can apply eg Natural Assets Code Agricultural clearing is regulated by State to minimise / mitigate impact or to prevent processes. clearing where values are significant.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 103 of 308 Scenic Landscape Can be considered via Code and associated Can be considered via Code and associated mapped overlay. mapped overlay.

For determining the allocation of these rural zones, Council’s task was to consider the outcome of the Mapping Project in response to the local attributes and conditions on ground and in response to the criteria set out in Ministerial Guideline No. 1. The Mapping Project did anticipate an analysis at a local level that incorporates more recent or detailed analysis, better aligns with on-ground features and addresses any anomalies in the State map.

It is considered that the Mapping Project had taken a conservative approach to defining potential agricultural land (as is shown by the large extent of mapping assigned to the Agriculture Zone), which had given each property every opportunity to be classified as potential agricultural land. This LPS has taken the outcomes of this project and undertook further local assessments including consultation with AK Consulting (agricultural consultants) that included reference to;

 Land Capability Classification (being 6 and above) and  potentially existing conflicting land uses such as extractive industries (quarry activities);  priority vegetation, or conservation covenants (also reflected as existing bushland rather than any established land use); and  forestry activities under State and Private including Private Timber Reserves;

The Southern Group of Council’s engaged AK Consulting (agricultural consultants) to assist with the application of the Agriculture Zone. The first output was the “Guidelines for Identifying Areas of Interest” dated January 2018 which was followed by “Decision Tree and Guidelines for Mapping the Agriculture and Rural Zones” which provided a tool for Council’s to do a further analysis of the “areas of interest” (See Appendix 5). A first pass assessment was undertaken which resulted in areas of interest being identified and consultation occurring with AK Consulting (results provided).

This assessment took into consideration allowances for certain land uses, such as forestry, and also applied characteristics that resulted in areas identified as ‘constrained’. Typically, constrained areas may be characterised as clusters of smaller titles and areas at the periphery of rural settlements. Guideline AZ 6 provides for alternative zoning of land identified in Layer 2 to be considered if further analysis is done and identifies the following:

 strategically important natural occurring resources;  protection of significant natural values, such as priority vegetation areas;  strategically important uses; and  the land has limited or no potential for agricultural use.

It is noted that the SPP does not allow native vegetation (priority vegetation) to have any affect /consideration within the administration of the Agriculture Zone. This largely reflects existing regulation by the State Government for vegetation clearing associated with agriculture, forestry or mining which sit outside the land use planning system.

It is recognised that the above approach has created a number of difficulties. For one, those areas of high conservation native vegetation within the Agriculture Zone have no protection within the land

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 104 of 308 use planning system. There are also a number of properties included in the Agriculture Zone that are subject to conservation covenants which limit agricultural potential.

For the Rural Zone, a priority vegetation overlay can be applied (in the Natural Assets Code) to consider native/priority vegetation whilst maintaining the overall purpose of this “rural” zone. The priority vegetation overlay itself has been developed on a State-wide basis (at a later date than the state wide agricultural project) and addressed through a separate document to this see appendix 3.

When AKC was asked to comment on whether priority / native vegetation was justification for land to be mapped Rural they replied saying “in terms of the Natural Assets Mapping, this is an extra factor that you can use to consider final zoning”. To further consider the most appropriate “rural” zone a second pass assessment was undertaken to integrate the following matters;

 integration of the first pass assessment mapping;  land uses including existing bushland;  land capability classification of 6 and greater; and  recent priority vegetation mapping.

The methodology for this second pass assessment required that in addition to the changes in the first assessment those land titles comprising an area of 50% for both land capability classification of 6 or greater and priority vegetation would be included in a Rural Zone. It was also at this stage that the abovementioned layers were overlaid onto known land use zones and the results provided an evolving visual representation. This also required additional reviews along the interface between proposed zones and consideration of connectivity of land use eg agriculture or priority vegetation. Local circumstances highlighted a few land titles that required a more specific assessment often against the changed conditions at interfaces and there were two land titles that were deemed to be best serviced by a split zone incorporating both Agriculture and Rural zones. As a result a land use zoning map was produced which reflected the abovementioned methodology.

However in order to address further minor anomalies a final third pass assessment was required to further consider and resolve;

 interface between zones, both “rural” and residential in respect to proximity to townships so as to minimise potential land use conflicts; and  “constrained” properties under the Mapping project as a result of the second detailed assessment; and  Adjoining Council areas and their proposed zoning at the municipal boundaries including Clarence City Council, Southern Midlands Council, Tasman Council and Glamorgan-Spring Bay Council.

The Agriculture and Rural Zones are consequently presented in the accompanying LPS zone mapping.

Appendix 10.5 Appendix 5 provides the associated documents which informed the “rural” zoning and includes Mapping of the Agriculture and Rural Zones including Guidelines and Decision Tree, Guidelines for identifying areas of interest and Agriculture Mapping Comments from AK Consulting.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 105 of 308 7.0 Codes

Section LP1.7 of the LPS provides the requirements for how Code mapping should be applied in each municipal area with additional guidance from the Ministerial Guidelines. 7.1 Signs Code The LPS includes the C1.0 Signs Code. This code does not require or allow LPS input or modification and there is no associated mapping.

7.2 Parking and Sustainable Transport Code The LPS includes the C2.0 Parking and Sustainable Transport Code.

This code can have regard to precinct parking parks which override car parking numbers – i.e., require more or less than otherwise would be the case. However there are no areas identified in the municipal area that warrant departure from the code provisions given the ability to vary car parking numbers. Council has no endorsed parking precinct plans.

7.3 Road and Railway Assets Code The LPS utilises the C3.0 Road and Railway Assets Code. Overlay Mapping and the identified roads is consistent with the Guidelines. This Code provides for the specification of roads (either mapped or by textural means such as a table) that are to be subject to provisions that consider noise mitigation within habitable buildings.

The Road and Rail assets Code Table is not included in the LPS.

7.4 Electricity Transmission Infrastructure Protection Code The LPS utilises the C4.0 Electricity Transmission Infrastructure Protection Code which provides for the protection of electricity transmission lines and associated substations as evident in the one adjoining Sorell Township. The LPS includes a mapped overlay based on data supplied by TasNetworks as required by Guideline ETIPC 1.

The overlay essentially provides a buffer area around transmission lines and substations and any use or development within that area must be in accordance with the corresponding development standards including satisfying the provider TasNetworks as to the development and use being proposed.

The abovementioned overlay mapping provided by TasNetworks is considered to be consistent with the Guidelines. 7.5 Telecommunications Code The LPS includes the C5.0 Telecommunications Code which has no associated mapping overlay.

This code does not require or allow LPS input or modification and consequently none is proposed.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 106 of 308 7.6 Local Historic Heritage Code The LPS utilises the C6.0 Local Historic Heritage Code and includes heritage mapping considered to be consistent with the Guidelines LHHC 1. This LPS includes only those places of local historic significance, as are currently included in the SIPS 2015, and does not duplicate state listings under the Tasmanian Heritage Register (THR) which are not subject to this code.

The LPS does not include Local Heritage Landscape Precincts, Place or Precincts or archaeological potential nor significant trees.

Council will have a non-statutory layer on its own GIS maps which identifies State listed properties from the THR in order to comply with its heritage legislative obligations. 7.7 Natural Assets Code The LPS utilises the C7.0 Natural Assets Code and the associated overlay mapping is considered to be consistent with these Guidelines within Section LP1.7.5 of the SPP which specifies the requirements for this Code and each of the following mapped overlays:

 Future coastal refugia;  Waterway and coastal protection; and  Priority vegetation.

7.7.1 Future Coastal Refugia The inclusion of future coastal refugia is to identify where coastal vegetation, particularly saltmarshes and wetlands, may potentially relocate under any changes to coastal environs such as under sea level rise.

A future coastal refugia area guidance map has been prepared and published on the LIST. It is noted that those areas of future refugia are directly related to mapped projections of future sea level rise. Consequently the mapped area of future coastal refugia matches the mapping for coastal inundation. It essentially reflects where the water is projected to be by 2100 and therefore where coastal vegetation may also be if free to move as a response to sea level rise.

There are significant restrictions on use and development in areas of future coastal refugia. These include:

 Works must be for a purpose dependant on a coastal location, which preludes residential;  Works must not impede future landward transgression of wetlands, saltmarshes and other coastal habitat by impediments or changes to drainage; and  Works must otherwise minimise impact and should generally have a light touch

For the majority of the coastline, the refugia area applies only to crown foreshores.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 107 of 308 However, there are a number of private properties that would be subject to this Code. The overlay has been assessed and modified in accordance with the Guidelines as prescribed in the list of zones to be considered under four overarching zone categories as discussed in the table below;

Zone category and associated Refugia included in Discussion zones LPS

Compatible Zone Yes The refugia on the overlay mapping provided by the State has been But there have included where identified as Rural Zone been limited compatible zones. occasions to Agriculture Zone remove. The future presence of refugia on Open Space Zone these typically large and or coastal located areas is unlikely to prevent the Environmental Management land from being used and developed Zone consistently with the zones intended purpose. However there have been occasions where the inclusion is considered not to be appropriate and have therefore been removed from these selected properties including from existing roads or in locations that would impact on the current or future use of the land.

Special Consideration Yes Whilst there are times where the refugia mapping would be included Zone Varies equally there are circumstances Rural Living Zone against applying refugia is that the application of the future refugia Environmental Living Zone mapping would constrain the land from being developed and used consistently with the purpose of the zone.

Case by Case Zone Yes Whilst there are times where the refugia mapping would be included Varies Utilities Zone equally there are circumstances against applying refugia is that the Community Purpose Zone application of the future refugia mapping would constrain the land

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 108 of 308 Zone category and associated Refugia included in Discussion zones LPS

Recreation Zone from being developed and used consistently with the purpose of the Particular Purpose zone. The refugia identified on the Major Tourism State’s Future Refugia Guidance Map in the ‘Case by Case Zone’ has not been applied to the Utilities Zone including existing Sewerage Plants.

Incompatible No Not included in circumstances where the land is zoned one of the General Residential Zone incompatible zones The inclusion of the future coastal Low Density Residential Zone refugia on land subject to these zones Village Zone would likely constrain the land preventing it from being used and General Business Zone developed as intended under each zone. Local Business Zone

Light Industrial Zone

Note:

There are other zones listed but these are not used in this LPS

An assessment has been undertaken using the “Future Coastal Refugia Area Guidance Map” as a guide in the preparation of the future coastal refugia area overlay. Changes have occurred in line with the abovementioned categories and consideration of on-ground conditions, usage and improvements.

7.7.2 Waterway and Coastal Protection Section LP1 7.5 (a) requires that an overlay map is included if there are waterways identified for protection. This is the case and accordingly a waterway and coastal protection overlay map is derived from the LIST’s “Waterway and Coastal Protection Area Guidance Map” for inclusion in this LPS.

The mapped overlay is based on information supplied by the State which applies a 10m, 20m, 30m or 40m buffer to waterways or high water mark dependant on their classification of the waterway.

On consideration of this overlay map it is noted that discrepancies exist especially around the coastline of Midway Point which finds this current overlay not corresponding to the mapping statements in the Code table. Without an understanding of the circumstance that has resulted in

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 109 of 308 this anomaly and if there are any others for the municipality this overlay mapping has not been verified or amended in the preparation of this LPS. The figure below illustrates the anomaly which shows the current mapping as hatched blue in the Sorell Interim Planning Scheme 2015 whilst the green area is that mapping currently provided by the State and located in theList and identified as “Waterway and Coastal Protection Area Guidance Map”.

Due to the perceived errors which shows up some of the recent mapping being inland of the coastal area it is considered appropriate not to use the recent overlay map but rather maintain the existing mapping used in the Sorell Interim Planning Scheme 2015.

7.7.3 Priority Vegetation Area The SPP states under section LP1.7.5 (b) that each LPS must contain an overlay map as defined under LP1.7.5 (c ) showing priority vegetation areas that:

 include threatened native vegetation communities as identified on TASVEG Version 3 published by DPIPWE;  be derived from threatened flora data from the Natural Values Atlas published by DPIPWE; and  be derived from threatened fauna data from the Natural Values Atlas for the identification of significant habitat for threatened fauna species, published by DPIPWE.

Furthermore section LP1.7.5 (d) states that a planning authority may modify the priority vegetation mapping derived from the above listed datasets (third dot point), if field verification, analysis or

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 110 of 308 mapping undertaken at a local or regional level by a suitably qualified person on behalf of the planning authority identifies:

 any anomalies or inaccuracies in the State data,  more recent or detailed local assessment of the mapping and data; and  native vegetation or habitat of local importance.

The Southern Region engaged Rod Knight of Natural Resource Management Pty Ltd to undertake an analysis based on his ‘Regional Ecosystem Model’ (REM) which has provided priority vegetation mapping for this LPS. It is also understood that the REM has been utilised by both the Northern and Cradle Coast Regions thereby providing a state based methodology in the absence of such information being provided directly by the State, as has occurred in other overlay maps. This provides a consistent approach across all municipal areas that is considered well-informed and directly comparable when assessing not only the LPS’s, but also when assessing future development applications. Sorell has gone further in engaging a GIS consultant to develop a report generator to provide an analysis of a property with respect of the REM in an understandable manner.

A summary description of the REM is included at Appendix 3 of this report. The model is a complex layering of biodiversity values that refines the focus on areas of importance. In summary, the model:

 Integrates spatial data on the distribution of the major components of biodiversity, and the factors affecting them;  Models key biodiversity attributes that derive from multiple inputs;  Analyses the relationships among the components of biodiversity and the environment; and  Spatially identifies areas which have immediate or potential conservation concerns, and provides indicators of their relative importance, to inform approaches and priorities for management.

A limitation in implementing the REM, and the SPP more generally, is that it is not possible to expressively prioritise or differentiate biodiversity values. The current interim planning scheme allows a low, medium and high category to apply to values which correspond to a hierarchy of planning regulation consistent with an minimise, mitigate or avoid outcome focus. In contrast, all priority vegetation is deemed of equal importance under the SPP framework. However In reality, some biodiversity values are clearly more important than others particularly those that are relatively scarce or have experienced a proportionally higher rate of clearance. Within REM, specific & tailored planning approaches could be developed for each type of biodiversity value including potential acceptable thresholds for clearance or requirements for expert reports.

The SPP defines four types of biodiversity values that can be considered within the priority vegetation area. In the following tables, these four types are listed in the left-hand side column whilst the middle and right-hand columns broadly describe how those are reflected in the REM. Appendix 10.3 provides the accompanying documents Regional Ecosystem Model - Summary of the Regional Ecosystem Model of Tasmanian biodiversity including an example of Sorell Council’s Priority Vegetation Area Planning Report.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 111 of 308 This provision and overlay mapping is limited to certain zones that are applicable priority vegetation area and includes:

o Rural Living Zone; o Rural Zone; o Landscape Conservation Zone; o Environmental Management Zone; o Major Tourism Zone; o Utilities Zone; o Community Purpose Zone; o Recreation Zone; o Open Space Zone; o Future Urban Zone; o Particular Purpose Zone; or

The consideration / assessment of the intention to clear native vegetation within a priority vegetation area in the General Residential and Low Density Residential Zones is only applicable to the subdivision of land as specified in the SPP in clause C7.6.2 P1.1 (c )

Sorell has progressed in working with Insight GIS ( GIS consultancy), to develop a reporting generating ability which interrogates the REM data in the GIS layers providing property based maps and report on the priority vegetation so as to better define spatially and texturally the priority vegetation that has been identified on the property. This reporting software is similar to that used by Meander Valley Council but with the relevant local priority vegetation data. This will provide a valuable assistance to both prospective developers and council staff in the consideration of this Code and any identified priority vegetation.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 112 of 308 It is intended that the complete priority vegetation map will be presented with the LPS in order that the public may understand which zones this mapping cannot be considered as required by Guideline NAC 13.

7.8 Scenic Protection Code The LPS utilises the C8.0 Scenic Protection Code with associated overlay mapping which recognises and protects landscapes that are identified as important for their scenic values which is a requirement under LP1.7.6.The code limits the application of the scenic protection area or scenic road corridor to development within the following zones:

 Rural Living Zone;  Rural Zone;  Agriculture Zone;  Landscape Conservation Zone;  Environmental Management Zone; or  Open Space Zone.

The present planning scheme, SIPS 2015, has a number of locations that were translated from the previous Sorell Planning Scheme 1993 representative of bushland, farming areas and coastal locations of particular scenic values when viewed from key public spaces such as roads. This Code now requires the listing of scenic values and associated management objectives for each area which have been provided (these do not presently exist in the SIPS 2015). The provision of these new objectives and values have been informed by input from Inspiring Places together with Geoscene International who provided qualified basis and methodology supporting the preparation of such statements.

The scenic protection area is mapped in accordance with the SPP requirements and is a translation from those areas currently listed in the SIPS 2015 document. The Code lists at SOR-Table C8.1 are completed in accordance with the requirements of the Local Provisions Schedule.

7.9 Attenuation Code The LPS utilises the C9.0 Attenuation Code. The purpose of the Attenuation Code is to minimise the potential impacts on sensitive uses from activities which have the potential to cause emissions as well as minimising the likelihood that sensitive uses to conflict or restrain activities which have the potential to cause emissions.

The Attenuation Code can be utilised by either the generic attenuation distances specified in tables or may include a mapped overlay for use and development within specified distances as a variation to the table.

The interim planning scheme had relied on both a mapped and non-mapped approach. The SIPS 2015 includes a mapped overlay – which works in conjunction with the table of attenuation distances.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 113 of 308 Where a mapped attenuation area is provided it will override the distance given in the Code’s table. This allows for a tailored attenuation area that is bigger or smaller than the standard to suit the circumstances of a particular site.

However it is noted that in the interim scheme, the attenuation overlay hazard maps were translated from the 1993 Planning Scheme and therefore reflects the past use and attenuation buffer distances for of these sites compliant with past planning scheme requirements (see aerial map below showing attenuation buffers shown in red). Consequently as most of these existing attenuation areas may be in excess of 30 years since they were mapped it is considered appropriate to rely solely on the more contemporary attenuation distances for an activity listed in Table C9.1 or C9.2 of the SPP.

It is considered that the current mapped attenuation errors in the SIPS appears to be excessive and in the absence of any supporting analysis it is considered that they should not apply within the LPS. It is considered more reasonable and practical to rely on the standard attenuation distances provided in the table in the Attenuation Code. However Council is currently developing a non-statutory map overlay to assist with the assessment of application for use and development which may progress to future verified maps to include in the SPP.

7.10 Coastal Erosion Hazard Code The LPS utilises the C10.0 Coastal Erosion Hazard Code and associated mapping which is considered to be consistent with the Guidelines. The mapping remains unaltered from the layer published in the LIST as “Coastal Erosion Hazard Area Bands 20161201”. The code is intended to ensure that use or development subject to risk from coastal erosion is appropriately located and managed.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 114 of 308 The mapping for the coastal erosion code overlay has been provided by the Department of Premier and Cabinet (DPAC) and provides four levels of hazards: low, medium, high and investigation areas.

The only element of the mapping that warrants further consideration are those identified as ‘investigation areas’. These areas are defined as “an area adjacent to the coastline for which there is insufficient information to classify it into Acceptable, Low, Medium, or High hazard bands. The width of the area is the cumulative width of the Low, Medium, and High hazard bands. In this area a site specific investigation is required to classify the land into one of the hazard bands”.

The work more recently completed by DPAC produced a more complete state wide model for the Tasmanian coastline and consequently the modelling is based on the best available information.

The erosion hazard overlay mapping contained in the LPS utilises the erosion hazard overlay mapping provided by DPAC and obtained from the GIS dataset from theList.

7.11 Coastal Inundation Hazard Area The LPS utilises the C11.0 Coastal Inundation Hazard Area together with mapping and is considered to be consistent with the Guidelines. The purpose of this code is to ensure that use and development subject to risk from coastal inundation is appropriately located and managed.

It is understood that the associated mapping is significantly more accurate and reliable than the mapping in the current interim planning scheme. Guideline CIHC 2 requires the LPS to include the AHD levels for the coastal inundation hazard bands and the defined floor level for the appropriate municipal areas as a list in this Code as published on the DPAC website.

The AHD levels have been included in the appropriate table in this Code without modification.

7.12 Flood-Prone Areas Code The LPS utilises the C12.0 Flood-Prone Areas Code which includes overlay mapping which are considered consistent with the Guidelines. The purpose of the code is to ensure that use and development subject to risk from flood is appropriately located and managed.

It is noted that there is no state wide mapping of land potentially susceptible to flooding risks to guide the application of this Code. However the Code appropriately includes the ability for a planning authority to request information where it suspects there is a flood risk. Until such time as the State comprehensively maps flood prone areas, addressing flood risk will be on a case by case basis in areas that are not mapped. However it is noted that the State Emergency Services are compiling existing inundation / flood information for the state which will assist with planning.

However the Local Provisions Schedule Requirements at Section LP1.7.10 of the SPP’s, states that if there are flood prone areas in the municipality, the LPS must contain an overlay map showing those areas. The current SIPS 2015 includes a mapped flood prone area limited to a part of the Sorell Rivulet which runs through the Sorell CBD to coastal waters which will be transitioned to the LPS.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 115 of 308 Additional flood mapping has been developed for Council comprising investigations by Sinclair Knight Merz (SKM) in 2016, who were engaged to develop a strategic Stormwater Management Plan (Revised February 2017) to define the current and predicted problems associated with stormwater management in the Southern Beaches area. As part of this process to develop a fully integrated Urban Drainage model an associated overland flood map was produced for the current 1% AEP (1 in 100 year) flood event. This will be included in the new flood prone hazard area maps for the Flood Prone Areas Code.

Recently Council has also engaged Entura to provide an assessment and reporting on stormwater management as set down under the State Government’s requirement under, the Urban Drains Act 2013. One of the key outputs from this investigation is the modelling of Council’s 3 principal stormwater systems and determination of overland flow paths for a 1% AEP or 1in100 year event, ie expectant flooding in a 1 in 100 year rain event. Entura will be providing mapping for Sorell, Midway Point and Southern Beaches. It is proposed to include this new flood prone hazard area maps under this Code. See figure below which provides a visual map of the intended flood mapping to be included in the Code.

It is understood that the Entura report and mapping map be presented to Council for endorsement around September 2019. As this LPS is to be endorsed by Council and presented to the Commission prior to the final report and mapping by Entura being endorsed by Council then it is proposed that this report and updated flood mapping will be provided to the Commission for inclusion in the LPS.

7.13 Bushfire Prone Areas Code The LPS utilises the C13.0 Bushfire Prone Areas Code. The purpose of this code is to ensure that use and development is appropriately designed, located and serviced and constructed to reduce the risk to life and property.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 116 of 308 The Local Provisions Schedule requirements at Section LP1.7.11 of the SPP’s, directs that an LPS may contain an overlay map showing bushfire prone areas.

The Tasmanian Fire Service (TFS) has worked with Council officers in the preparation of the Bushfire Prone Area map.

Tasmania Fire Service have provided a Bushfire Prone Area map for the Sorell Municipality, which has been incorporated into the LPS in the prescribed map format and is together with a supporting report from this agency dated June 2018 (see appendix 4).

7.14 Potentially Contaminated Land Code The LPS utilises the C14.0 Potentially Contaminated Land Code. The purpose of this code is to ensure use and development of potentially contained land does not adversely impact on human health or the environment.

The LPS will not include a mapped overlay. However Council is currently developing a non-statutory map overlay to assist with the assessment of applications for use and development which may progress to future verified maps to be included in the SPP.

7.15 Landslip Hazard Code The LPS utilises the C15.0 Landslip Hazard Code and the associated overlay mapping is considered to be consistent with the Guidelines. The purpose of this code is to ensure that a tolerable risk can be achieved and maintained for the type, scale and intensity and intended life or use or development on land within a landslip hazard area.

Guideline LHC 1 requires that the landslip hazard area overlay must include the four landslip hazard bands as depicted in the ‘Landslide Planning Map – Hazard Bands 20131022’ layer published on the LIST, unless modified.

The LPS includes the State’s abovementioned overlay in the prescribed map format. There is no intention to modify this hazard map.

7.16 Safeguarding of Airports Code The LPS utilises the C16.0 Safeguarding of Airports Code and associated overlay mapping is considered to be consistent with the Guidelines. The intent of this code is to safeguard the operation of the airport from incompatible use or development in accordance with appropriate future airport noise exposure patterns and safe air navigation for aircraft.

The associated mapping provides for Airport Noise Exposure and Airport Obstacle Area Overlays and has be developed and provided by the Hobart International Airport through their respective airport masterplan and included in the LPS.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 117 of 308 8.0. Audit of Particular Purpose Zones (PPZs), Specific Area Plans (SAP) and Site Specific Qualifications (SSQs)

LUPAA requires that any PPZ, SAP or SSQ that applied to a planning scheme immediately before the commencement date of 17 December 2015 must be included in the LPS and that Section 32(4) of LUPAA (ie additional justification) does not apply to these PPZs, SAPs and SSQs.

The Minister can declare that a SAP, PPZ or SSQ is not subject to this requirement after consultation with the Commission. The effect of doing so provides that the SAP, PPZ or SSQ is not automatically contained in the LPS.

To assist Councils in the preparation their LPS’s, and in anticipation of the Minister releasing an appropriate advisory statement, the Department of Justice’s Planning Policy Unit (PPU) completed an audit of BIPS 2015 local overriding provisions.

The following is the result of the audit undertaken by the PPU of PPZs, SAP and SSQs that existed

Site-specific Qualification Draft Recommendation

Low Density Residential Zone – 12.2 Use Table Subject to the transitional provisions under Schedule 6, Clause 8(1) of the Act. Bulky goods sales permitted – “Only if garden and landscape supplied at 26 Lewisham Scenic Drive, Lewisham (CT 102280/4)”

Low Density Residential Zone – 12.2 Use Table Subject to the transitional provisions under Schedule 6, Clause 8(1) of the Act. Transport depot and distribution permitted – “Only if for water cartage at 26 Lewisham Scenic Drive, Lewisham (CT 102280/4)”

Village Zone – 16.2 Use Table. Subject to the transitional provisions under Schedule 6, Clause 8(1) of the Act. Resource Development discretionary – “Only if aquaculture at 21 Esplanade, Dunalley (CT 36340/2) and 139 Arthur Highway, Dunalley (CT 156091/2)” immediately before 17 December 2015 and their recommendations.

Particular Purpose Zone Draft Recommendation

32.0 Particular Purpose Zone – Urban Growth Zone Declare that it is not subject to the transitional provisions under Schedule 6, Clause 8(1) of the Act.

Reason: The provision is provided for by the SPP Future Urban Zone.

33.0 Particular Purpose Zone – Future Road Corridor Subject to the transitional provisions under Schedule 6, Clause 8(1) of the Act.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 118 of 308 Specific Area Plan Draft Recommendation

Nil

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 119 of 308

de Draft Recommendation

E1.0 Bushfire-Prone Areas Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) Of the Act.

Reason: The code contains no relevant code-applying provisions.

E2.0 Potentially Contaminated Land Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) Of the Act.

Reason: The code contains no relevant code-applying provisions.

E3.0 Landslip Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) Of the Act.

Reason: The LPS requirements at clause LP1.7.12 of the SPPs specify the mapping to be used to create the landslip hazard area overlay for the SPP Landslip Hazard Code.

E5.0 Road and Railway Assets Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) Of the Act.

Reason: The code contains no relevant code-applying provisions.

E6.0 Parking and Access Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) Of the Act.

Reason: The code contains no relevant code-applying provisions.

E7.0 Stormwater Management Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) Of the Act.

Reason: The code does not relate to an equivalent SPP Code.

E8.0 Electricity Transmission Infrastructure Protection Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) Of the Act.

Reason: The LPS requirements at clause LP1.7.3 of the SPPs specify the mapping to be used to create the various overlays for the SPP Electricity Transmission Infrastructure Protection Code.

E9.0 Attenuation Code The attenuation area overlay is subject to the transitional provisions under Schedule 6, Clause 8D (2) Of the Act for application through the LPS as the Attenuation Area overlay for the SPP Attenuation Code.

Reason: The attenuation area overlay is substantially similar to the attenuation area overlay in the SPP Attenuation Code.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 120 of 308 E10.0 Biodiversity Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) Of the Act.

Reason: The LPS requirements at clause LP1.7.5 of the SPPs and guidelines NAC 7 to NAC 12 of Guideline No.1 specify how the priority vegetation area overlay is to be generated for the SPP Natural Assets Code.

E11.0 Waterway and Coastal Protection Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) of the Act.

Reason: Guidelines NAC 1 to NAC 3 of Guideline No.1 specify how the waterway and coastal protection area is to be created for the SPP Natural Assets Code.

E13.0 Historic Heritage Code The heritage places overlay and Table E13.1 are subject to the transitional provisions under Schedule 6, Clause 8D(2) of the Act for application through the LPS as the Local Heritage Places overlay and Local Heritage Places list for the SPP Local Historic Heritage Code, excluding any places inserted or removed by amendment after the commencement day.

Reason: The heritage places overlay and Table E13.1 are substantially similar to the local heritage places overlay and Local Heritage Places list for the SPP Local Historic Heritage Code.

Note: To confirm with council as to whether they would like the Minister to declare that they don’t need to prepare statements of local heritage significance.

E14.0 Scenic Landscapes Code The scenic landscapes area overlay is subject to the transitional provisions under Schedule 6, Clause 8D(2) of the Act for application through the LPS as the scenic protection area overlay for the SPP Scenic Protection Code, excluding any land that is not in a zone listed in clause C8.2.1 of the SPPs.

Reason: The scenic landscapes area overlay is substantially similar to the scenic protection area overlay in the SPP Scenic Protection Code.

E15.0 Inundation Prone Areas Code Declare that only the riverine inundation hazard area overlay is subject to the transitional provisions under Schedule 6, Clause 8D(2) of the Act for application through the LPS as the flood- prone hazard area overlay for the SPP Flood-Prone Areas Hazard Code.

Reason: The riverine inundation hazard area overlay is substantially similar to the flood-prone hazard area overlay for the SPP Flood-Prone Areas Hazard Code. The LPS requirements at clause LP1.7.9 of the SPPs specify the mapping to be used to create the coastal inundation hazard area overlay for the SPP Coastal Inundation Hazard Code. Guideline CIHC 2 of Guideline No. 1 specifies how the Coastal Inundation Hazard Bands AHD Level table is to be populated.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 121 of 308 E16.0 Coastal Erosion Hazard Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) of the Act.

Reason: The LPS requirements at clause LP1.7.8 of the SPPs specify the mapping to be used to create the coastal erosion hazard area overlay for the SPP Coastal Erosion Hazard Code.

E17.0 Signs Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) of the Act.

Reason: The code contains no relevant code-applying provisions.

E18.0 Wind and Solar Energy Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) of the Act.

Reason: The code does not relate to an equivalent SPP code.

Note: Table E18.1 Distance from a Sensitive Use is covered by Table C9.1 in the SPP Attenuation Code. Controls on the height of wind turbines are managed through the SPP zone provisions.

E19.0 Telecommunications Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) of the Act.

Reason: The code contains no relevant code-applying provisions.

E20.0 Acid Sulfate Soils Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) of the Act.

Reason: The code does not relate to an equivalent SPP code.

Note: The management of acid sulfate soils can be achieved through appropriate zoning and the operation of the waterway and coastal protection area component of the SPPs Natural Assets Code. Clause 6.11.2 in the SPPs also provides for conditions or restrictions to be imposed on a permit for construction management, which may include the management of acid sulphate soils.

E21.0 Dispersive Soils Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) of the Act.

Reason: The code does not relate to an equivalent SPP code.

Note: The management of dispersive soils can be achieved by appropriate zoning and clause 6.11.2 in the SPPs also provides for conditions or restrictions to be imposed on a permit for the management of soil erosion.

E23.0 On-Site Wastewater Management Code Declare that the provisions of the code are not subject to the transitional provisions under Schedule 6, Clause 8D (2) of the Act.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 122 of 308 Reason: The code does not relate to an equivalent SPP Code.

Note: Codes that are spatially applied by reference to an overlay may also meet the definition of a SAP under the transitional provisions at Schedule 6, Clause 1 of the Act. It is recommended that codes that are substantially similar to a SPP code not be subject to the transitional provisions that relate to a SAP.

Further advice on provisions were provided by the PPU that are not subject to the transitional provisions of the Act (i.e. that were considered to not meet the definition of a SAP or SSQ)

Provision Advice

Low Density Residential Zone –Table 12.1. Does not meet the definition of a SSQ under Schedule 6, Clause 1 of the Act as the provision does not modify, substitute or add Permitted minimum lot size of: to the provisions of the planning scheme as it simply establishes  Connellys Marsh Low Density Residential Zone - minimum lot sizes for different areas. 3,000m2 Does not meet the definition of a SAP under Schedule 6, Clause 2  All other areas – 2,000m 1 of the Act as the provision does not modify, substitute or add  Dunalley Area 1 – 800m2 to the provisions of the planning scheme as it simply establishes minimum lot sizes for different areas.  Dunalley Area 2 – 1,500m2 Note: The SPP Low Density Residential Zone provides for a permitted minimum lot size of 1500m2.

Environmental Living Zone – Table 14.1. Does not meet the definition of a SSQ under Schedule 6, Clause 1 of the Act as the provision does not modify, substitute or add Permitted minimum lot size of: to the provisions of the planning scheme as it simply establishes  Carlton Bluff Environmental Living Zone – 20ha minimum lot sizes for different areas.

 All other areas – 6ha Does not meet the definition of a SAP under Schedule 6, Clause 1 of the Act as the provision does not modify, substitute or add to the provisions of the planning scheme as it simply establishes minimum lot sizes for different areas.

Note: There is no Environmental Living Zone at Carlton Bluff under the Sorell Interim Planning Scheme 2015.

Village Zone – 16.2 Use Table. Does not meet the definition of a SSQ under Schedule 6, Clause 1 of the Act as the provision does not specify a particular area of Permitted: land to which it applies (only identifies a general class of land  Business and Professional Services - ‘Only if fronting that abuts a particular road). the Arthur Highway, Dunalley’ Note: The provisions are inconsistent with the:  Food Services - ‘Only if fronting the Arthur Highway, Dunalley’  purpose of the SPP Village Zone which is provide for a mix of residential, community services and commercial  General Retail and Hire - ‘Only if fronting the Arthur activities; and Highway, Dunalley’  SPP Village Zone use table as it down grades the status of the Business and Professional Services, Food Services and General Retail and Hire use classes in the zone.

General Business Zone – 21.4.2 A1. Does not meet the definition of a SSQ under Schedule 6, Clause 1 of the Act as the provision does not specify a particular area of Permitted building setback from frontage of not more than: land to which it applies (only identifies a general class of land  nil m, if fronting Gordon Street or Cole Street; that abuts a particular road).

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 3 m, if fronting any other street. Note: The SPP General Business Zone requires buildings to be built to the frontage at ground level or have a setback not more or less than the maximum and minimum setbacks of the buildings on adjoining properties.

9.0 Local Overriding Provisions (PPZ, SAP and SSQ) Particular Purpose Zones

The Commission will require justification and demonstration that the draft LPS meets section 32(4) of the Act:

However a LPS may only include a provision referred to in subsection (3) in relation to an area of land if –

(a) a use or development to which the provision relates is of significant social, economic or environmental benefit to the State, a region or a municipal area; or

(b) the area of land has particular environmental, economic, social or spatial qualities that require provisions that are unique to the area of land, to apply to the land in substitution for, or in addition to, or modification of, the provisions of the SPPs. LUPAA requires that any PPZ, SAP or SSQ that applied to a planning scheme immediately before the commencement date of 17 December 2015 (when the Act was amended to provide for the TPS) must be included in the LPS as stated under Schedule 6 clause (8)(1). Accordingly section 32(4) of LUPAA does not apply to any current PPZ, SAP and SSQ in the interim planning scheme. It is noted that the Minister can declare that a PPZ, SAP or SSQ is not subject to this requirement after consultation with the Commission which has the effect that these current items are not automatically translated to the LPS. To assist Councils in the preparation their LPS’s, and in anticipation of the Minister releasing an appropriate advisory statement, the Department of Justice’s Planning Policy Unit (PPU) completed an audit of BIPS 2015 local overriding provisions. The PPU audit forms the basis of the transitional arrangements (or otherwise) discussed below.

In circumstances where a PPZ, SAP or SSQ did not apply in a planning scheme prior to 17 December 2015, or alternatively a planning authority proposes the inclusion of a new PPZ, SAP or SSQ they may be included provided they are capable of meeting section 32(4) of LUPAA.

Section 32(4) essentially requires demonstration that an overriding provision will provide significant benefit or is required to cater for unique site qualities.

The proposed five (5) additional SAPs has resulted from the following:

• The removal of the ability to list minimum lot sizes other than prescribed in the SPP including the current higher density provision in an area of low density residential in Dunalley and lower density provision in an area of Rural Living in Connellys Marsh with respect to subdivision standards. Both of these provisions are currently in the Sorell Interim Planning Scheme 2015; • The removal of the Dispersive Soils Code;

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 124 of 308 • The removal of the Onsite Wastewater Management Code; and • The removal of the Stormwater Code.

The Planning Policy Unit has completed an audit of the SIPS 2015 to assist Councils in the preparation of their LPS to consider the status of the current PPZ, SAP and SSQ. This will be discussed concerning each of the categories PPZ, SAP and SSQ.

9.1 Particular Purpose Zone All Particular Purpose Zones are afforded a transitional protection in which they are automatically included in the LPS by virtue of existing in the current interim planning schemes.

However there are those that may be translated to a different format to achieve a similar outcome. The current Particular Purpose Zone 1– Urban Growth Zone is one of these that would be translated to the Future Urban Zone, a new zone in the SPP’S. The Planning Policy Unit (PPU) has supported this stating (see table below) that it is not subject to the transitional provisions under Schedule 6, Clause 8(1) of the Act as the provision is provided for by the SPP’S Future Urban Zone. However it is noted that this LPS will not transition the existing PPZ 1 to Future Urban Zone but rather to a General Residential Zone as recommended in the Sorell Land Supply Strategy 2017.

However the Future Road Corridor PPZ is supported by the PPU for transition to maintain its intent to identify and protect future road corridors.

Provision Transition Reason

32.0 Particular Purpose Zone 1 No It is not subject to the transitional provisions – Urban Growth Zone under Schedule 6, Clause 8(1) of the Act. Reason: The provision is provided for by the SPP Future Urban Zone. 33.0 Particular Purpose Zone 2 Yes Subject to the transitional provisions under – Future Road Schedule 6, Clause 8(1) of the Act. This is supported as this PPZ maintains the specific purpose to;  Identify land as future road corridor;  Protect this corridor from adjacent use or development  Ensure this future corridor is not compromised by use or development that prevent the road from being constructed through its chosen route

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Provision Reason

Dunalley Marina Particular This zone was approved by the TPC on the 20 Yes Purpose Zone September 2018 and is intended to;  promote appropriate development of the foreshore area that reflects the unique character of the area, including a marina, while being responsive to the constraints and the physical context associated with a waterfront area.  enhance the public use of the foreshore and waterfront associated with the Denison Canal for boating activities.  create a focal point for the Dunalley Township by providing an integrated range of recreational, commercial and visitor accommodation uses and developments.  To ensure development is reflective and responsive to the natural and landscape values of the surrounding area.

9.2 Specific Area Plans There are no SAPs in the current SIPS 2015 document however the LPS contains five (5) new SAPS.

For a new PPZ, SAP or SSQ to be included in the draft LPS, it must be demonstrated that they are capable of meeting the requirements of section 32(4) of the Act:

An LPS may only include a provision referred to in subsection (3) in relation to an area of land if –

(a) a use or development to which the provision relates is of significant social, economic or environmental benefit to the State, a region or a municipal area; or

(b) the area of land has particular environmental, economic, social or spatial qualities that require provisions, that are unique to the area of land, to apply to the land in substitution for, or in addition to, or modification of, the provisions of the SPPs.

The sections below provide the justification for the new SAP’s in accordance with s.32(4) of the Act.

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SAP No. & Title Provisions and description

SOR – S1.0 Management of Dispersive Soils

Dispersive Soils Specific Area Plan

SOR – S2.0 Management of Onsite Wastewater in the Southern Beaches area Southern Beaches Onsite Wastewater Management Specific Area Plan

SOR – S3.0 Management of Stormwater

Southern Beaches Stormwater Management Specific Area Plan

SOR – S4.0 Preferred Subdivision Density for an area of the Dunalley Township which is to provide for a minimum Dunalley Low Density Residential lot size which currently exists in the SIPS 2015. Specific Area Plan

SOR – S5.0 Preferred Subdivision Density for an area of Connellys Marsh so as to provide for a minimum lot size which Connellys Marsh Low Density currently exists in the SIPS 2015. Residential Specific Area Plan

Discussion

Dispersive Soils Specific Area Plan – SOR – S1.0

The SPP does not contain an equivalent Code to E21.0 Dispersive Soils Code which currently exists in the SIPS 2015 document and nor is it possible to develop one through the LPS local overriding provisions. In this instance the proposed SAP has been applied to lands mapped under the current E21.0 specifically to minimise and or mitigate adverse impacts from development occurring on land that contains dispersive soils.

This Dispersive Soils SAP is considered to satisfy s32(4)(b) of the Act as the land identified in the overlay mapping has particular environmental qualities (soil based) that require provisions that are unique to the identified areas of land that require an addition to the provisions of the SPPs.

Dispersive soils can cause tunnel erosion which poses a significant risk to buildings and infrastructure (as a result of development and or works) when soil is worn away and can potentially undermine roads and buildings and destabilising infrastructure associated with development, both private and public.

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Dispersive Soils mapping

Whilst the SPP under clause 6.11.2 (g) provides a head of power to impose conditions on a permit relating to “… erosion, and stormwater volume and quality controls” this is seen to be limited by the fact that there will be no trigger to assess a specific mapped issue associated with dispersive soils. This SAP will achieve two specific outcomes firstly providing hazard mapping and secondly referencing development and subdivision standards with particular reference to the dispersive soils management guidelines developed by DPIW in 2009. The SAP will also provide landowners, prospective purchasers and designers prior knowledge that land is subject to dispersive soils.

It is considered that this SAP would minimise risk to buildings and infrastructure for private citizens as well as ongoing financial risk to Council associated with development on dispersive soils. STRLUS discusses this under section 8 Managing Risks and Hazards which states that “land use planning, which takes into account hazards and risks, has been identified as the single most important mitigation measure in preventing future disaster losses in areas of new development. In particular it is considered that this SAP positively and proactively responds to clause MRH 5 highlighting the need to “respond to the risk of soil erosion and dispersive and acid sulphate soils” with particular note of development and subdivision. The management of tunnel erosion, in dispersive soils, is understood to be a costly and time consuming exercise. Consequently it is considered that the most appropriate and sustainable manner of managing development and works on dispersive soils is to identify and mitigate risks at the planning / design stage as intended in this SAP prior to development / works commencing.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 128 of 308 Consequently it is considered that this SAP satisfies s32 (4)(b) as the identified land in the hazard mapping has particular environmental qualities that require provisions that are unique to the area of land that require additions to the provisions of the SPP.

Southern Beaches On-site Waste Water Management Specific Area Plan – SOR- S2.0

The SPP does not contain an equivalent Code to E23.0 Onsite Wastewater Management Code (which exists in SIPS 2015) nor is it possible to develop one through the LPS local overriding provisions. In this instance the proposed SAP has been applied to lands identified and mapped in the Southern Beaches area which includes the area from Lewisham to Connellys Marsh including the major area of Dodges Ferry.

It is noted that the Commission’s Draft State Planning Provisions Report (9 December 2016) referenced Sorell Council’s submission advocating for the retention of the E23.0 Onsite Wastewater Management Code. Whilst this Code was not retained the Commission stated; “While on-site waste water management systems have improved, the Commission heard that over time, the failure of home owners to comply with the requirements for maintaining sound operation of their systems, such failing to periodically pump-out, or allowing sometimes significant buildings and extensions and hard surfaces to encroach on the waste water application area, contributed to problems experienced in entire settlements. The southern beaches area in the Sorell Municipality is the state’s largest single settlement dependent on on-site wastewater management. The small size of ‘legacy’ lots has been problematic. The Director of Building Control advised the Commission at the hearing that changes to the plumbing regulatory framework being introduced on 1 January 2017 will assist with on-site waste water compliance. It will be possible to include conditions that address the ongoing maintenance of systems. He did not consider it necessary for the planning scheme to address the issue of on-site waste water management other than as already proposed, for subdivision. The Commission acknowledges that, while the southern beaches is not a typical scenario, there are many other situations around the state where on-site waste water disposal may be required to allow development on existing smaller lots. However, the Commission is not persuaded that the planning scheme should include ‘regulation’ of matters that are adequately addressed under another regulatory framework. The Commission notes that the mechanisms available in the LPSs, such as a Specific Area Plan (SAP) may also assist planning authorities where exceptional circumstances apply, such as in the southern beaches area, if a case can be made under section 32 of the Act.”

It is Council’s intention to provide such a specific SAP for onsite wastewater management for the Southern Beaches area which is considered justified under s32 (4) (b).

There is a long history of concerns expressed by Sorell Council as to the sustainability of on-site waste water systems in the Southern Beaches which has resulted in Council commissioning a number of studies and reports including;

 Dodges Ferry Catchment Management and Groundwater Monitoring Programme (1996);

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 129 of 308  Sorel Council Onsite Waste water Management Strategy (2005); and  Strategic Plan for Managing Southern Beaches Wastewater – CEE consultants (2006).

The Southern Beaches area contains lots designed more in keeping with serviced areas being relatively small in size and consequently it is known to create problems in regard to onsite wastewater disposal for land owners and neighbours. Furthermore as a consequence there are potential environmental issues offsite where wastewater over time are not appropriately contained within the subject lot. It was Sorell Council’s intention to introduce reticulated sewerage to this area which would also have resulted in potential subdivision of land previously zoned Reserved Residential Unserviced (in the previous Sorell Planning Scheme 1993). However with the creation of Southern Water and now TasWater this authority has stated publically that they have no intention of providing reticulated sewerage to the Southern Beaches.

It is also noted that the introduction of this SAP for the Southern Beaches will continue the proactive consideration of wastewater disposal at the planning assessment stage since the introduction of Schedule 12 “Criteria for Onsite Wastewater Management Systems” in the Sorell Planning Scheme 1993 in November 2006.

A major consideration has always been the potential negative impact that failures of such individual systems would have on the environment / public health especially the coastal receiving waters. Given the stated intention by TasWater not to service the Southern Beaches area with reticulated sewerage infrastructure it is considered even more imperative that an assessment be undertaken at the planning stage for any proposed onsite waste water systems.

As stated earlier Council has had requirements for assessing onsite waste water systems in the planning scheme since 2006, which was assessed and approved by the Commission, and which then followed to the development of the present Code in the SIPS 2015 scheme. It is considered that the local Southern Beaches community is aware of the issues and is accepting of the need for such planning controls. The relatively high residential density in the established but unserviced areas of the Southern Beaches and the present and future lack of reticulated services clearly puts a case and responsibility to be considered at the planning stage rather than as an isolated technical aspect at the building stage.

It is contended that this SAP is required to also highlight and seek to address cumulative impacts rather than assessing each site on its individual merits.

Furthermore the SPP provision of a 1500m2 lot size for subdivision is considered unsustainable in terms of the physical limitations to accommodate onsite wastewater treatment when considering environmental and public health considerations within and importantly outside individual properties especially at the subdivision stage.

It is also considered that the SPP does not adequately take into account the existing age of the housing stock in the Southern Beaches and the amount of dwelling additions that places pressure on existing onsite wastewater disposal. This issue needs to be considered and assessed against contemporary development standards at the planning stage and not only as a technical “plumbing” assessment which is limited to the function of a system and fails to consider the planning

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 130 of 308 requirements associated with matters such as private open space, car parking and the building footprint and its association with impervious areas etc.

Redevelopment of existing dwellings may result in reducing the available land for waste water treatment or increasing the number of bedrooms which increases (or is likely to increase) the amount of waste water. Often this necessitates the upgrading of the existing system but in some cases the redevelopment is not possible as insufficient land is available for waste water treatment. It is also noted that if building works do not directly involve plumbing a private Building Surveyor must consider wastewater before issuing a CLC (Certificate of Likely Compliance). However if the Building Surveyor is not experienced in onsite waste water management this may be overlooked which would not happen with the intended standards and approval required by this SAP. Failure of onsite waste water systems has significant economic impacts if upgrades are necessary or more so that a sewerage scheme is required to be constructed which could be upwards of $100 Million for the Southern Beaches.

Furthermore there is the comparable issue of the lack of stormwater infrastructure in the Southern Beaches which equally needs early planning consideration for its own issues but also through the interaction between onsite wastewater and stormwater management.

Consequently it is considered that this SAP satisfies s32 (4) (b) as the identified land in the hazard mapping has particular environmental qualities that require provisions that are unique to the area of land that require additions to the provisions of the SPP.

Proposed hazard mapping for onsite wastewater management SAP

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 131 of 308 Southern Beaches Stormwater Management Specific Area Plan – SOR- S3.0

It is Council’s intention to introduce a specific SAP for stormwater management for the Southern Beaches with justification under s32 (4) (b).

The Southern Beaches area contains lots designed more in keeping with serviced areas being relatively small in size and consequently it is known to create problems off site to, neighbours and the immediate environment where stormwater is not contained within the subject lot. The introduction of a SAP for Southern Beaches will provide a means of assessing stormwater disposal in areas with limited stormwater infrastructure so as to address and limit off site impacts by way of quantity and quality of waters coming off site to the environment and in particular the receiving coastal waters.

The SPP has limited provisions to provide for stormwater considerations at the planning stage which has implications due to the relatively small size of existing lots especially for additions to existing dwellings. Determining the suitability for on-site stormwater reuse and or disposal without creating a nuisance to neighbours or impacting on adjacent waste water land application areas. The broader social implications are best dealt with at the planning stage which can consider the amount of impervious areas that directly catches stormwater. Both are important and often interact with each other both onsite and offsite to neighbours and the local environment. The plumbing assessment is limited as it considers what you do with the water you collect but doesn’t regulate the amount of impervious surfaces unlike at the planning stage.

Consequently it is considered that this SAP satisfies s32 (4)(b) as the identified land in the hazard mapping has particular environmental qualities that require provisions that are unique to the area of land that require additions to the provisions of the SPP.

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Proposed hazard mapping for stormwater management SAP

Dunalley Township Low Density Residential Specific Area Plan SOR- S4.0

The higher density residential lots would significantly assist with the drive for economic sustainably of the Township with particular note of the devastating impacts of the 2013 bushfires. The Dunalley and Environs Structure Plan, with extensive community involvement and endorsement of the Council, aims to facilitate the economic growth of the township as well as maintaining a strong social / community outcome with such matters as maintaining enrolments numbers for the local school as well as retain and encourage local business in the township.

The township of Dunalley is characterised by lot sizes associated with higher residential densities given that the greater part of the township is serviced by a community sewerage system now administered by TasWater. The Low Density Residential “Area A” Zone in SIPS 2015 currently provides for a minimum lot size of 800m2as per Table 12.1.

The LDR in the SPP does not allow for a minimum lot size of 800m2 lots, rather it provides for minimum lot sizes in the acceptable solution of 1500m2 and under performance criterial to 1200m2.

The Higher Density Low Density Residential SAP is included in the LPS to continue the provision of 800m2 in the Low Density Residential Zone for an area of the Dunalley Township. This SAP is a simple mechanism that allows for lots not less than 800m2 with access to the Dunalley Sewerage Scheme administered by TasWater, but all other standards in the SPP LDRZ apply. This is in line with the current approach in SIPS 2015. In fact, with the reduction of side and rear setbacks in the SPP from 20m to 10m, it will be easier satisfy the relevant subdivision standards in the SPP LDRZ.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 133 of 308 The area subject to the proposed Dunalley SAP comprises residential development within the Township. In the area designated as Area 1 the Dunalley & Environs Structure Plan 2013 (endorsed by Council) delineated this area to provide for a minimum lot size of 800m2 stating;

“Focusing residential development to around 800m2 to 1000m2 per dwelling around the village and community precincts will over the long term create a more lively community, supporting local economic and social activity. The other existing residential land with access to reticulated sewerage is primarily on the slopes above the Arthur Highway. It is appropriate to maintain a density around 1000m2 to 1500m2 per dwelling in these areas.”

The higher density “low density residential” living area SAP is included in the LPS to continue the provision of a minimum lot size of 800m2 for an identified area in the Dunalley Township which is serviced by reticulated sewerage by TasWater

There is an established land use pattern which the community has accepted which is been considered and incorporated in the Structure Plan as a way of reestablishing the township following the 2013 bushfires.

This SAP will “support ongoing and increased community and business activity in the Dunalley Town Centre / Village Precinct” as stated in the proposed Plan Purpose statement. This is further supported by the Southern Tasmanian Regional Land Supply Strategy under section AC1.4. which states;

“AC1.4 Promote a greater emphasis on the role of activity centres, particularly neighborhood and local activity centres, in revitalizing and strengthening the local community.”

Consequently it is considered that this SAP satisfies s32 (4)(b) as the identified land has particular economic, social qualities that require provisions that are unique to the area of land that require additions to the provisions of the SPP.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 134 of 308 Existing Low Density Residential Area – LDR 1

Lower Density Rural Living SAP for Connellys Marsh SOR- S5.0

The area subject to the proposed Connellys Marsh SAP comprises residential development within the area zoned as Low Density Residential.

The Low Density Residential Zone in SIPS 2015 provides for a minimum lot size of 2000m2as per Table 12.1 for this area.

The Lower Density SAP is included in the LPS to continue the provision of 3000m2 in the Low Density Residential Zone. This SAP is a simple mechanism that allows for lots not less than 3000m2 but all other standards in the SPP LDR apply. This is in line with the current approach in SIPS 2015. In fact, with the reduction of side and rear setbacks in the SPP from 20m to 10m, it will be easier to satisfy the relevant subdivision standards in the SPP RLZ.

The layout of lots in the area is the result of historic subdivision over time, making provision for residential uses on large lots in the area, with a dispersed character and non-urban separation distances between dwellings.

The proposed minimum 1500m2 lot size for subdivision is inappropriate in terms of settlement character and unsustainable regarding the physical incapability of this lot size to accommodate onsite wastewater treatment in this area. Other considerations including inundation and other hazard overlays, as well as the nature of the soils contributes to the existing problems associated with developing the area with smaller lot sizes which are known to contribute and create problems in regard to onsite wastewater disposal for land owners, neighbours and the adjoining receiving environment / receiving waters. It is deemed to be difficult to appropriate manage wastewater onsite for a typical dwelling with outbuildings on a 1500m2 lot area. Any failures of such systems affects the lot owners, neighbours and the immediate environment / receiving waters. Public health is a major consideration in the ongoing consideration and is important with the changing use of dwelling stocks being more in line with permanent dwellings rather than holiday shacks. There is a clear economic rationale in aiming to prevent failures of onsite systems and to allow sustainable use of the land by having a minimum lot size that responds to the immediate locality / risks rather than addressing this at a subdivision state with arguments by a developer that the SPP’s minimum lot size of 1500m2 is appropriate. The rationale for a lower density is to respond to known environmental risk hazards so as to provide more certainty that future development is appropriate.

The substitution of a 3,000m2 lot size for the 1500m2 reflects the known physical limitations associated with this locality with respect to sustainable onsite wastewater management and potential harm to the local environment and public health. This larger lot size provides for enough land area to effectively treat onsite wastewater whilst considering other risk hazards such as inundation. The inclusion of this lot size sends a clear message to future developers that there are significant limitations associated with higher density residential development in this area.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 135 of 308 The social and spatial qualities described, require unique provisions to set a lower lot density in substitution for the lot size provisions of the SPP’Ss, to protect social expectations for residents of the area in regard to uses that could establish and maintaining the character of the area.

Consequently it is considered that this SAP satisfies s32 (4) (b) as the identified land in the mapping has particular environmental qualities that require provisions that are unique to the area of land that require additions to the provisions of the SPP.

Existing Low Density Residential in Connellys Marsh

9.3 Site Specific Qualifications As part of the earlier review in developing the SIPS 2015 there was a significant decrease in the number of “specific departures” translated to the new scheme from the previous Sorell Planning Scheme 1993.

The Planning Policy Unit undertook an audit of existing site specific qualifications that existed in the SIPS immediately before December 2015 and did not support all of the SSQ excepting the ones listed below.

The SPP outline the content requirements for any SSQ in LP1.6 and in accordance with the audit by the PPU the following four SSQ’s are to be translated to the LPS.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 136 of 308 Reference Site reference Folio of the Description (modification, Relevant Clause in Number Register substitution or addition) State Planning Provisions

SOR-12.1. 26 Lewisham Scenic CT 102280/4 Bulky goods sales is a permitted use in Low Density addition to the State Planning Drive, Lewisham Residential Zone – Provisions – “Only if garden and landscape supplied 12.2 Use Table

An additional Permitted Use Class for this site.

Comment:

Declare that it is subject to the transitional provisions under Schedule 6, Clause 8A (1) of the Act.

Approved for transition from Interim Planning Scheme to LPS.

SOR-12.1 26 Lewisham CT 102280/4 Transport depot and distribution is a Low Density Scenic Drive, permitted use in addition to the Residential Zone – Lewisham State Planning Provisions – “water 12.2 Use Table cartage”

An additional Permitted Use Class for this site.

Comment:

Declare that it is subject to the transitional provisions under Schedule 6, Clause 8A (1) of the Act. Approved for transition from Interim Planning Scheme to LPS.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 137 of 308 SOR-16.2 21 Esplanade, Dunalley CT 36340/2 and Resource Development is a Village Zone – 16.2 (CT 36340/2) and 139 discretionary use – “Only if CT 156091/2” Use Table. Arthur Highway, aquaculture A standard in addition to Dunalley (CT 156091/2)” the State Planning Provision

An additional Discretionary Use Class for this site.

Comment:

Declare that it is subject to the transitional provisions under Schedule 6, Clause 8A (1) of the Act. Approved for transition from Interim Planning Scheme to LPS.

Rural Living Zone – SOR-13.2 2124 Arthur Highway, folio of the Community Meeting and 13.2 Use Table. Copping” Register volume Entertainment is a permitted use 203633 folio 4 “Only if aquaculture”

A standard in addition to the State Planning Provision

An additional Permitted Use Class for this site.

Comment:

Declare that it is subject to the transitional provisions under Schedule 6, Clause 8A (1) of the Act.

Approved for transition from Interim Planning Scheme to LPS.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 138 of 308 11.0 Addendum to Supporting Planning Report

11.1 Introduction

On 25 June 2019, Council endorsed the Sorell Local Provisions Schedule for submission to the Tasmanian Planning Commission. At this time, they also resolved to delegate to the General Manager, Manager Engineering and Regulatory Services and the Senior Planner to:

• Submit the LPS to the Commission pursuant to section 35(1) of the Act in the form outlined in this report;

• Submit the provisions for transition pursuant to Schedule 6 of the Act to the Minister for Planning;

• Modify the LPS if a notice is received from the Commission pursuant to section 35(5)(b) or agree to modify the LPS pursuant to section 35(5)(c) and advise the Council of any such modification, and modify the supporting report to reflect any such modification;

• Exhibit the LPS pursuant to Sections 35B, 35C, and 35D of the Act; and

• Represent the Council at hearings pursuant to section 35H of the Act.

Since this time, there has been extensive consultation with the Commission and amendments to what was originally proposed. In some instances these amendments represent relatively minor administrative changes. On other occasions, the changes are more substantial and have required substantial redrafting of Specific Area Plans and other standards.

On 11 March 2021, Council was notified by the Tasmanian Planning Commission that they had finalised their review of the LPS. They advised that:

“in order for the draft LPS to meet the LPS Criteria and Schedule 6 transitional provisions, modifications are required to be made to the draft LPS in accordance with Attachment A – Notice under section 35(5)(b) and Schedule 6, clauses 8C(5)(a) and 8D(9)(a) of the Act. In accordance with the aforementioned sections, the Commission directs the Sorell planning authority to prepare and submit, under section 35(6) of the Act, the draft LPS modified in accordance with the attached notice by Friday 16 April 2021.”

The modified documents to be included are:

• A PDF of the modified written document;

• PDF’s of the modified zone and overlay maps;

• GIS version of the modified zone and overlay maps;

• Updated copy of the Supporting Report.

This addendum has been drafted to highlight the specific changes required by the Commission to meet the LPS Criteria and Schedule 6 transitional provisions. Councillors have access to the PDF’s of the modified zone and overlay maps, a PDF tracked change version of the modified ordinance, a

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 139 of 308 PDF of the draft LPS as recommended by the Commission with one modification in reflection of the commission requirements; as well as this supporting report.

11.2 Specific Area Plans

In the initial version of the Sorell LPS five specific area plans (SAPs) were proposed. These were:

 Dispersive Soils Specific Area Plan;  Dunalley Specific Area Plan;  Connelly’s Marsh Specific Area Plan;  Southern Beaches On-site Waste Water Management Specific Area Plan;  Stormwater Management Specific Area Plan.

The first three of these SAPs were endorsed by the commission with relatively minor changes to the ordinance which can be shown in the tracked change document attached to this supporting report and entitled Appendix B. In addition to the ordinance change, there were some more substantial changes to the mapping that were proposed.

Dispersive Soils Specific Area Plan and associated overlay

There were some more substantial changes to the mapping for the Dispersive soils overlay maps. This includes removal of the overlay as it was applied across the municipality, with the overlay limited in application to three distinct regions: Penna and Midway Point, Orielton and Lewisham Forcett.

The result of this is a smaller spatial area, but the areas where the overlay has been retained tend to have a higher density of development, and accordingly a potentially higher level of risk.

Dunalley Specific Area Plan

There were no changes to the mapping of this plan, but some minor modifications to wording were proposed and annotations on the mapping. This has not changed the intent.

Connelly’s Marsh Specific Area Plan

There were no changes to the mapping of this plan, but some minor modifications to wording were proposed and annotations on the mapping. This has not changed the intent of the SAP.

Southern Beaches Onsite Stormwater and Wastewater Management Specific Area Plan

Council original proposed the Southern Beaches On-site Waste Water Management Specific Area Plan and the Stormwater Management Specific Area Plan. Following considerable discussion with the Tasmanian Planning Commission, and Council staff, it was agreed that redrafting into one code was justified. In effect they represent a combination of the two SAPs into one document which is to be titled Southern Beaches On-site Waste Water and Stormwater Management Specific Area Plan. There was no change to the spatial application of this Code.

While these changes are not insignificant, the intent of what Council is trying to achieve in relation to these areas and the management of waste water and stormwater, is maintained. The purpose of this Code will continue to be to protect the stormwater quality and quantity on site, specific to land

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 140 of 308 within the specific area plan overlay which is zoned Low Density Residential, Village, Local Business or Rural Living. This approach achieves the aim of managing stormwater quality and quantity and the amended Code can be found in Appendix C.

11.3 Transitioning Particular Purpose Zones

Two particular purpose zones; Future Road Corridor and the Dunalley Marina have been endorsed but require some modifications to meet the requirements of the Act. This is demonstrated in the tracked change version shown in Appendix B.

11.4 Transitioning Site Specific Qualifications

There were site specific qualifications applicable to 2124 Arthur Highway, Copping; 21 Esplanade, Dunalley and 139 Arthur Highway Dunalley.

Subject to some relatively minor modifications required by the Act and demonstrated within Appendix B, these are endorsed.

One additional site specific qualification is proposed which is for the site 2582 Tasman Highway, Sorell. This site is split over two zones: Agriculture and General Residential. The SSQ allows for a subdivision to occur which is to leave all of the Agriculture zoned land in a single title. This assists in addressing the anomaly of a split zoning on the site, and enables the General Residential zone to be subdivided in accordance with the Zone intent.

11.5 Codes

The majority of the Codes are applied through the TPS without change. However within the Local Historic Heritage Code Table C6.1 titled Local Heritage Places, a list of heritage places must be provided for. Minor modifications to this list have been required.

Similarly within the Scenic Protection Code, a list of Scenic Protection Areas are identified with associated descriptions. These have been heavily modified to meet the drafting requirements but are otherwise consistent with what Council has proposed. The full details can be found within Appendix B.

The application of Codes has been modified in places or administrative changes have been required. These include:

 Ensuring all PDF maps show the entire municipality;  Revise the overlay maps to show the map file names to clarify scale or identify their application to different areas;  Ensure the Priority Vegetation Area overlay mapping doesn’t apply to areas it can’t under the zoning guidelines;  Ensure the Waterway and Coastal Protection Area only excludes piped water courses at Sorell, and correct mismatched features between the coastal and waterways component;  Modifying Scenic Protection Area overlays by clearly notating the boundaries, and identifying them in accordance with the associated Table within the ordinance;

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 141 of 308  Remove the overlay maps for the Attenuation Code (the Code continues to apply without them in any event);  Ensure the Coastal Inundation Hazard Code overlay utilises the map produced by DPAC and that the map is appropriately applied to the municipal area and appropriately labelled in the map legend;  Revise the legend for the Bushfire Prone Areas Code to use consistent terminology;  Revise the airport obstacle limitation area to apply only to the municipal area and display heights consistent with the definitions found in the SPPs.

One more substantial change has been the direction from the TPC to include the inundation mapping Council has had produced for the municipality, to be utilised in the Flood Prone Areas Hazard Code overlay. This is a positive development and will ensure that the most up to date information that the Council has available to it will be incorporated within the Scheme.

In reviewing the Scenic Protection Areas, three separate parcels of land were identified that did not have listings within the Scenic Protection Areas SOR- Table C8.1. Two of these areas were at Shark Point Road incorporating the following Titles; 185 Shark Point Road and 32 and 14 Shark Point Road, and two TasWater Lots (PID 1849110 and 7632633). In reviewing these, it is unclear why they were included although it is acknowledged that they represent a translation from the current Scenic Protection Area overlay. For consistency they have been incorporated into this Scheme however Council may wish to put a representation in to their inclusion if it is considered unwarranted.

A third parcel was included which is identified as Fulham Island. Similarly this parcel was not identified within SOR-Table C8.1. The Island is off the south coast near Dunalley. It is privately owned and has improvements including a jetty and boat ramp. It is currently proposed to be zoned Rural with a strip along the coast zoned Environmental Management. There are a number of applicable overlays including Coastal Erosion, Natural Assets Code and Waterway and Coastal Protection Area.

The island is visible from various key points along Fulham Road, and at Dunalley and along the Tasman Highway heading towards the Tasman Peninsula. The Rural zoning can allow developments up to 12m in height. This would have a significant visual impact when the island is viewed from elsewhere. To that end it is considered appropriate to retain the island in the Scenic Protection Area but to ensure that it is appropriately referenced. Consistent with the referencing found within Table SOR-C8.1, an additional line will be included which states:

SOR-C8.1.15 185 Shark Point A flat marsh Open coastal (a) Locate and Road paddock grass and design marshlands, over development to which provides blend with the an outlook to open grassland Orielton Lagoon. landscape and to maintain the prominent view-

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 142 of 308 lines towards Orielton Lagoon.

SOR-C8.1.16 32 and 14 Shark This area is Open rural (a) Development Point Road and characterised by grazing must be PID 1849110 and farm land landscape compatible with 7632633 extending from forming part of the surrounding Shark Point the grazing rural character Road, to the backdrop of the including scale, north. outskirts of exterior building Sorell. materials and colours.

SOR-C8.1. Fulham Island A vegetated Highly visible (a) Development island from Fulham should have Road, Dunalley regard to the and Tasman visual Highway. Forms prominence of part of the the island when Coastal backdrop viewed from when viewed mainland from these Tasmania. locations. (b) Use exterior materials and colours that are sympathetic to the natural environment.

11.6 Applied, Adopted or Incorporated Documents

This list of applied, adopted or incorporated documents has been updated to include additional documents relating to Dispersive Soils, Noise measurements and the State Stormwater Strategy. The inclusion of these documents is in response to them being referenced within the re-drafted Dispersive Soils Specific Area Plan, and within the Southern Beaches On-site Waste Water and Stormwater Management Specific Area Plan

11.7 Zone Changes

Separate to the changes required in the ordinance, a number of zone changes have been applied to specific properties, and in some instances adjustments to Cadastral layers where there were minor errors with the GIS zoning application.

A number of more substantial zoning changes are summarised in the Table below. However there are also less significant modifications to make including:

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 143 of 308  Consistency of cadastral and zoning layers;  Ensuring that PDF maps are accurately annotated, particularly around annotations for the Rural Living zone, Particular Purpose Zones and any split zones;  Ensure that zoning is not applied to land outside of the municipal boundary (particularly relevant along the coastline);  Ensuring that overlays are accurately annotated to identify the features (such as with the Scenic Protection Area overlay).

These changes have been made on the maps directly.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 144 of 308 Summary of zone changes required through the s35(6) modified Sorell Local Provision Schedule.

Property Address Current Zoning Modified Zoning Explanation

Acquired Road, 3620 Not zoned Utilities This parcel of land was at the end of a utilities zoning for the Tasman Tasman Highway, Orielton Highway. A mapping error had missed the application of the zone to a small triangle. This has been rectified.

82 Pawleena Road, Sorell Low Density Rural Living Zone B This site is not adjacent to any LDR zoned land, but is surrounded on 3 Residential sides by Rural Living B. It is considered the appropriate zoning is Rural Living B.

29 and 21 Carlton Bluff Environmental Low Density Residential. These two lots sit amongst a number of Low Density Residential lots and Road, Primrose Sands Management demonstrate the same characteristics as these. It is considered appropriate that they be zoned Low Density Residential.

Lot 2 Arthur Highway, 3 Future Urban Zone Agriculture Zone This proposed change is the most significant not only in terms of land Kidbrook Road, part of 136 area, but also in terms of policy position. This area represents the only Arthur Highway, part of Lot area for long term future residential development once the land between 1 Arthur Highway and part the bypass and Sorell is developed. However it is acknowledged at this of 188 Arthur Highway. time the Southern Tasmanian Regional Land Use Strategy does not support residential expansion into this area. If Council’s position remains that they wish to argue for this to be zoned Future Urban, the most appropriate mechanism for resolving this is to put in a representation to the Sorell LPS when on exhibition, to enable a discussion around these issues during the hearings. It is noted however that the Agriculture zoning will effectively protect the area from future development until it can be rezoned in any event.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 145 of 308 Part of 136 Arthur Rural Zone Agriculture Zone This change has been coupled with the aforementioned dis-endorsement Highway, part of Lot 1 of the Future Urban Zone and attempts to remove a split zone between Arthur Highway, part of Rural and Agriculture Zone. Similarly if Council’s position is that this land 188 Arthur Highway (two remain Rural instead of Agriculture, it will need to be argued by titles) representation to the Sorell LPS whilst on exhibition, with associated supporting reports. These reports would include an Agricultural assessment demonstrating the viability of the agricultural land in this area.

Land at Folio 9892/104 Rural Zone General Residential This parcel of land was a road reserve and has General Residential land to accessed from Forcett Zone both the east and the west. The land is no longer going to be used for Street and Main Rd, Sorell Utilities and it is consistent with Guideline No 1 to have it zoned General Residential

223 Old Forcett Road, Rural Zone Rural Living Zone A This site was the subject of a rezoning in 2020 to Rural Living. Accordingly Forcett the change will ensure the zoning is consistent with what it currently is under the SIPS 2015 and represents a direct translation.

80 Bay Road, Boomer Bay Agriculture Zone Rural Zone This parcel is currently zoned Rural so it is consistent for it to continue to be zoned Rural under the LPS particularly given the constraints of the land on site.

3266 Arthur Highway Rural Living C Landscape Conservation This parcel is currently zoned Environmental Living and has an area of Zone 9.7ha. It is partially vegetated and includes Eucalyptus ovata forest and woodland. The Rural Living Zone C has a minimum lot size of 5ha which means that there isn’t an opportunity for subdivision on this site, or on the site to the west. The Rural Living Zone C that was applied, may have provided greater consistency in terms of lot size, but specific to this site, isn’t necessarily reflecting the vegetation characteristics on site; as compared to the site to the west which is cleared. The Landscape

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 146 of 308 Conservation Zone is more representative of the characteristics on site and is unlikely to significantly alter the development opportunities.

Sorell Council Local Provisions Schedule – Supporting Report and Addendum – 2021 Page 147 of 308 Tasmanian Planning Scheme – State Planning Provisions

10.0 Appendix

10.1 Appendix 1 – Local Provisions Schedule Appendix A – Local Provisions Schedule Structure

SOR-Local Provisions Schedule Title

SOR1.1 This Local Provisions Schedule is called the Sorell Local Provisions Schedule and comprises all the land within the municipal area.

SOR Effective Date

SOR-1.2 The effective date for this Local Provisions Schedule is .

SOR-Local Area Objectives

This clause is not used in this Local Provisions Schedule

Tasmanian Planning Scheme – State Planning Provisions

SOR – P1.0 Particular Purpose Zone • Future Road Corridor

SOR – 1.1 Zone Purpose

The purpose of the Particular Purpose Zone – Future Road Corridor is:

SOR – P1.1 To identify land that may be required for a road corridor in the future.

SOR – P1.2 To protect the corridor from use or development, including on adjacent land, which may affect the future safety, efficiency and amenity of the road corridor or the use or development on adjoining land.

SOR – P1.3 To ensure that a future corridor is not compromised by use or development that prevents the road being constructed through its chosen route as a result of an increase in social or economic costs.

SOR – P1.2 Local Area Objectives

This sub-clause is not used in this Particular Purpose Zone.

SOR – P1.3 Definition of Terms This sub-clause is not used in this Particular Purpose Zone.

SOR – 1.4 Use Table

Use Class Qualification

No Permit Required

Natural and cultural values management

Permitted

Passive recreation

Resource development If for an agricultural use except for controlled environment agriculture, tree farming and plantation forestry.

Tasmanian Planning Scheme – State Planning Provisions

Utilities If for minor utilities or road infrastructure.

Discretionary

Resource development If not listed as Permitted.

Utilities If not listed as Permitted.

Prohibited

All other uses

SOR – P1.5 Use Standards

There are no Use Standards for this zone.

SOR – P1.6 Development Standards for Buildings and Works

SOR – P1.6.1 Buildings and Works

Objective: To ensure that buildings and works are for road infrastructure or do not prejudice the future use and development of land for road infrastructure.

Acceptable Solutions Performance Criteria

A1 P1

Buildings or works are for the development of a road by, or Buildings or work must not preclude the future use and under the direction of, the Road Authority. development of land for road infrastructure.

A2 P2

Buildings and other permanent improvements must comply No Performance Criteria. with the consent of the Minister pursuant to S.9A (5) of the Roads and Jetties Act 1935, where the land is declared to be the intended line of a state highway or subsidiary road.

SOR – P1.7 Development Standards for Subdivision

SOR – P1.7.1 Subdivision

Tasmanian Planning Scheme – State Planning Provisions

Objective: To ensure that the subdivision of land does not prejudice the future use of land for road infrastructure.

Acceptable Solutions Performance Criteria

A1 P1

Subdivision is for the purposes of creating a lot for the No Performance Criteria. development of a road by, or under the direction of, the Road Authority.

A2 P2

Subdivision must comply with the consent of the Minister No Performance Criteria. pursuant to S.9A (5) of the Roads and Jetties Act 1935, where the land is declared to be the intended line of a state highway or subsidiary road.

Tasmanian Planning Scheme – State Planning Provisions

SOR – P2.0 Particular Purpose Zone • Dunalley Marina

SOR – P2.1 Zone Purpose Statements

The purpose of the Particular Purpose Zone – Dunalley Marina is:

SOR – P2.1 To promote appropriate development of the foreshore area that reflects the unique character of the area, including a marina, while being responsive to the constraints and the physical context associated with a waterfront area.

SOR – P2.2 To enhance the public use of the foreshore and waterfront associated with the Denison Canal for boating activities.

SOR – P2.4 To create a focal point for the Dunalley Township by providing an integrated range of recreational, commercial and visitor accommodation uses and developments.

SOR – P2.5 To ensure development is reflective and responsive to the natural and landscape values of the surrounding area.

SOR – P2.2 Local Area Objectives

A consistent thematic approach, related to the waterside location and maritime activities, being reflected in the materials and colours of the built spatial form.

The area is to continue to serve the boating community with development and uses applicable to a marina.

Outdoor spaces being integrated and well connected with buildings and structures to allow visual and physical permeability.

Signage being integrated into the design of the buildings and relating only to businesses located in the precinct or to local public events held in the area.

Illumination of buildings, car parking areas, spaces or signage being sufficient for public safety and identification without unreasonably impacting on natural values, sensitive uses and the residential amenity of surrounding areas.

The Marina area is to be developed in a manner that reinforces its role as a maritime area with close links with the Denison Canal.

The Marina area is to be treated as a waterfront precinct where physical and visual contact with the water is a valued experience. Accessing the area from the water will be encouraged and enhanced.

The height, scale and bulk of development within this part of Dunalley must be consistent with existing buildings and not be obtrusive when viewed from the Esplanade and Imlay Street.

Tasmanian Planning Scheme – State Planning Provisions

The foreshore associated with the Marina area is to be treated as a continuous public space with an emphasis on safe and legible pedestrian movement with community access to the foreshore and with due consideration of the waterfront environment.

SOR – P1.3 Definition of Terms

This sub-clause is not used in this Particular Purpose Zone.

Tasmanian Planning Scheme – State Planning Provisions

SOR – P1.4 Use Table

Use Class Qualification

No Permit Required

Natural and cultural values management

Passive recreation

Utilities If for minor utilities

Permitted

Community meeting & entertainment If for an art and craft centre, museum or public art gallery in Marina and Tourism Local Area

Food services If located in Marina and Tourism Local Area

General retail and hire If a commercial art gallery, shop, or market and located in Marina and Tourism Local Area

Pleasure boat facility If located in Marina and Tourism Local Area

Tourist operation If located in Marina and Tourism Local Area

Vehicle parking If located in car parking areas in accordance with the Dunalley Marina Proposal Plan Figure 34.2

Visitor accommodation If located in Visitor Accommodation Local Area or Marina and Tourism Local Area (building areas 1 or 2 on the Dunalley Marina Proposal Plan figure 34.2 or in existing buildings)

Discretionary

Educational and occasional care If for marine based education in Marina and Tourism Local Area

Emergency services

Manufacturing and processing If for a wharf, passenger terminal, hardstand loading and unloading areas or stevedore and receipt offices in Marina and Tourism Local Area

Port and shipping If for a wharf, passenger terminal, hardstand loading and unloading areas or stevedore and receipt offices in Marina and Tourism Local Area

Residential If for a manager residence associated with a marina in Marina and Tourism Local Area

Utilities If not listed as No Permit Required

Vehicle parking If not listed as permitted

Tasmanian Planning Scheme – State Planning Provisions

Prohibited

All other uses

SOR – P2.5 Use Standards

SOR – P2.5.1 Impact on Sensitive Uses and Natural Values

Objective: To ensure that non-residential uses do not cause:

unreasonable loss of amenity to nearby sensitive uses; and

significant impact on natural values.

Acceptable Solutions Performance Criteria

A1 P1

Hours of operation must be within: Hours of operation must not have an unreasonable impact on sensitive uses or natural values having regard to: 7.00 am to 10.00 pm Mondays to Saturdays inclusive; the timing, duration or extent of vehicle movements; and 7.00 am to 9.00 pm Sundays and Public Holidays. noise, lighting and other emissions.

except for Marina, Visitor accommodation, Residential or Office uses.

A2 P2

Noise emissions measured at the boundary of a Noise levels from use on the site must not unreasonably residential zone must not exceed the following: impact on the amenity of nearby sensitive uses or natural values having regard to: 55dB (A) (LAeq) between the hours of 7.00 am to 7.00 pm; the nature and intensity of the use;

5dB(A) above the background (LA90) level or 40dB(A) the characteristics of the noise emitted; (LAeq), whichever is the lower, between the hours of 7.00 pm to 7.00 am; the separation between the noise emission and the sensitive use; 65dB (A) (LAmax) at any time. the degree of screening between the noise source and sensitive uses; and

Measurement of noise levels must be in accordance with the character of the surrounding area. 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.

Tasmanian Planning Scheme – State Planning Provisions

A3 P3

External lighting must comply with all of the following: External lighting must not unreasonably impact on sensitive uses or natural values, having regard to: be turned off between 10.00 pm and 6.00 am, except for security lighting or navigation lighting for marine vessels; level of illumination and duration of lighting;

security lighting must be baffled to ensure it does not distance to habitable rooms of an adjacent dwelling; and cause emission of light outside the site; and impact on natural values, in particular Little Penguins. non-white light is to be used for external illumination of the marina and associated infrastructure.

A4 P4

Commercial vehicle movements, (including loading Commercial vehicle movements and the loading and and unloading) to or from a site must be within the unloading of commercial vehicles must not result in hours of: unreasonable impact on sensitive uses or natural values having regard to: 7.00 am to 6.00 pm Mondays to Fridays inclusive; the time and duration of commercial vehicle 9.00 am to 5.00 pm Saturdays; movements;

10.00 am to 12.00 noon Sundays and Public Holidays. the number and frequency of commercial vehicle movements;

the size of commercial vehicles involved;

the ability of the site to accommodate commercial vehicle turning movements, including the amount of reversing (including associated warning noise) ;

noise reducing structures between vehicle movement areas and dwellings;

the level of traffic on the road; and

the potential for conflicts with other traffic.

< SOR – P2.5.1 Visitor Accommodation

Objective: To ensure that visitor accommodation is of a scale compatible with the Dunalley Marina Proposal Plan Figure 34.2 and surrounding residential use.

Acceptable Solutions Performance Criteria

A1 P2

Tasmanian Planning Scheme – State Planning Provisions

Visitor accommodation must comply with the following: Visitor accommodation must satisfy all of the following:

is located within the Visitor Accommodation Local Area; or

is accommodated in existing buildings above ground level; or not adversely impact residential amenity and privacy of nearby properties; is accommodated in building areas 1 or 2 on the Dunalley Marina Proposal Plan figure 34.2. be of an intensity that respects the character of use of the area;

be of a scale that is sensitive to the coastal environment and existing buildings; and

any relevant Local Area Objectives.

SOR – P2.6 Development Standards for Buildings and Works

SOR – P2.6.1 Building Height

Objective: To ensure that the scale of the development is appropriate for the context of the locality.

Acceptable Solutions Performance Criteria

A1 P1

Buildings must have a maximum height of 6.5m above natural ground Building height must be compatible with the or 7m AHD, whichever is greater. streetscape and character of development existing on established properties in the area, having regard to:

the topography of the site;

the height, bulk and form of existing buildings on the site and adjacent properties;

the bulk and form of proposed buildings;

the apparent height when viewed from the Esplanade, foreshore and the surrounding waters of Blackman Bay;

any overshadowing of adjoining properties and public places; and

Zone Purpose Statements and any relevant Local Area Objectives.

Tasmanian Planning Scheme – State Planning Provisions

SOR – P2.6.2 Siting

Objective: To ensure that the siting of buildings, marina and wharf areas:

protects the amenity of surrounding buildings; and

minimises the impact on the landscape values of the area.

Acceptable Solutions Performance Criteria

A1 P1

Buildings are sited within the building areas shown on the Dunalley Marina Proposal Plan Figure 34.2. Buildings must be sited to not cause an unreasonable loss of amenity, or impact on landscape values of the site, having regard to:

the topography of the site;

the size, shape and orientation of the site;

the side and rear setbacks of surrounding buildings;

the height, bulk and form of existing and proposed buildings;

the need to remove vegetation as part of the development;

the appearance when viewed from roads and public places;

the landscape values of the surrounding area;

the facilitation of open spaces and public access and views to the water; and

Zone Purpose Statements and any relevant Local Area Objectives.

A2 P2

Marina breakwaters and wharf aprons are sited within the Marina and Marina breakwaters and wharf aprons must Tourism Local Area on the Dunalley Marina Proposal Plan Figure 34.2. be sited to not cause an unreasonable loss of amenity, or impact on landscape values of the site, having regard to:

the topography of the site;

Tasmanian Planning Scheme – State Planning Provisions

the size, shape and orientation of the site;

the height, bulk and form of existing and proposed buildings;

the appearance when viewed from roads and public places;

the landscape values of the surrounding area;

the facilitation of open spaces and public access and views to the water; and

Zone Purpose Statements and any relevant Local Area Objectives

SOR – P2.6.3 Building Facade Design

Objective: To ensure that building façades contribute positively to the streetscape and waterfront.

Acceptable Solutions Performance Criteria

A1 P1

Facades must not contain blank walls wider than 5.0m. Building facade design must avoid large expanses of blank wall to reduce the perceived height and bulk of the buildings, having regard to:

articulation;

fenestration;

use of colours and materials;

landscaping; and

any other devices.

SOR – P2.6.4 Landscaping

Objective: ensure that a safe and attractive landscaping treatment enhances the appearance of the area.

contribute to the character of the area through habitat corridors and contribute to a visual blending of the marina with surroundings.

minimise soil and bed erosion to assist in bank stability.

Acceptable Solutions Performance Criteria

Tasmanian Planning Scheme – State Planning Provisions

A1 P2

Development must include a landscaping plan to satisfy all of the No Performance Criteria. following:

enhance the appearance of the development; provide public access to the water; provide a range of plant height and forms to create diversity, interest and amenity ; contribute to habitat corridors through the provision of native vegetation; contribute to the stabilisation of the coastal banks when within 5m of High Water Mark; any black gum removal required is offset via new plantings at a ratio of 5:1; and

(g) include weed management and hygiene protocols

SOR – P2.6.5 Outdoor Storage Areas

Objective: To ensure that outdoor storage areas do not detract from the appearance of the site or the locality.

Acceptable Solutions Performance Criteria

A1 P1

Outdoor storage areas must comply with all of the following: Outdoor storage areas for non-residential uses must satisfy all of the following: be screened from public view; and be located, treated or screened to avoid (b) not encroach upon car parking areas, driveways or landscaped unreasonable adverse impact on the visual areas. amenity of the locality; and

(b) be located to not be visible from the foreshore and water.

SOR – P2.6.6 Exterior Finish/Design Requirements

Objective: To ensure that the exterior of all buildings is reflective of the semi-industrial maritime history of the site.

Tasmanian Planning Scheme – State Planning Provisions

Acceptable Solutions Performance Criteria

A1 P1

New buildings or additions to existing buildings must comply with all Exterior finishes of buildings, if not natural or of the following: untreated, must be coloured to tone in with the waterfront setting, having regard to: utilise timber, concrete, metal if for roof cladding, and glass exterior finishes; and general character of the area; and exterior finishes of buildings, if not natural or untreated, must be any relevant Local Area Objectives. coloured using colours with a light reflectance value not greater than 40%.

A2 P2

Building design must comply with all of the following: Building design must enhance the streetscape by satisfying all of the following: provide the main pedestrian entrance to the building so that it is clearly visible from the road or publicly accessible areas on the site; provide the main access to the building in a way that addresses the street or other public screen mechanical plant and miscellaneous equipment such as heat space boundary; pumps, air conditioning units, switchboards, hot water units or similar from view from the street and other public spaces; ensure the visual impact of mechanical plant and miscellaneous equipment, such as heat incorporate roof-top service infrastructure, including service plants pumps, air conditioning units, switchboards, and lift structures, within the design of the roof; and hot water units or similar, is insignificant when viewed from the street and other not include security shutters over windows or doors with a frontage to public spaces; a street or public place. ensure roof-top service infrastructure, including service plants and lift structures, is screened so as to have insignificant visual impact;

only provide shutters where essential for the security of the premises and other alternatives for ensuring security are not feasible; and

be consistent with the Zone Purpose and any relevant Local Area Objectives.

A3 P3

Buildings provide for any of the following: Buildings are designed to minimise bird strike, having regard to all of the following:

eliminating or obscuring all transparent or highly reflective obstacles that are not readily perceptible by birds in flight, such as uncovered the topography of the site and surrounding corner or opposing windows that allow sightlines through buildings; area;

Tasmanian Planning Scheme – State Planning Provisions

using low reflective glass on external surfaces; and existing and proposed vegetation or screening; angling glass surfaces to reflect the ground or built fabric rather than the sky or habitat. siting of building;

window design; and

any advice from any relevant State or Commonwealth department.

SOR – P2.6.7 Car Parking

Objective: To ensure that the car parking is provided in a strategic manner.

Acceptable Solutions Performance Criteria

A1 P1

Car parking is to be provided in areas shown on the Dunalley Marina Proposal Plan Figure 34.2 and must be communal in nature, unless it is provided for staff or commercial deliveries specific to a business. Car parking is to be provided in a coordinated manner and in a location that minimises visual impact on the waterfront setting, having regard to:

general character of the area; and

any relevant Local Area Objectives.

Tasmanian Planning Scheme – State Planning Provisions

SOR – P2.7 Development Standards for Subdivision

SOR – P2.7.1 Subdivision

Objective To:

provide for lot sizes suitable for the allowable uses of the Zone; and

ensure that subdivision is sympathetic to the character of the waterfront area and does not create potential for future incompatible development.

Acceptable Solutions Performance Criteria

A1 P1

Each lot must be for public open space, riparian reserve or Each lot, or a lot proposed in a plan of subdivision, utilities. must have sufficient useable area and dimensions suitable for its intended use, having regard to:

existing buildings and the likely location of intended buildings on the lot;

the topography of the site;

the presence of any natural hazards; and

the pattern of development existing on established properties in the area; and

any relevant Local Area Objectives.

A2 P2

Each lot, or a lot proposed in a plan of subdivision, excluding Each lot, or a lot proposed in a plan of subdivision, for public open space, a riparian or littoral reserve or must be provided with a frontage or legal connection Utilities, must have a frontage not less than 10m. to a road by a right of carriageway, that is sufficient for the intended use, having regard to:

the number of other lots which have the land subject to the right of carriageway as their sole or principal means of access;

the topography of the site;

the functionality and useability of the frontage;

the anticipated nature of vehicles likely to access the site;

the ability to manoeuvre vehicles on the site;

the ability for emergency services to access the site;

Tasmanian Planning Scheme – State Planning Provisions

the pattern of development existing on established properties in the area; and

is not less than 3.6m wide.

A3 P3

No Acceptable Solution.

Each lot, or a lot proposed in a plan of subdivision, excluding for public open space, a riparian or littoral reserve or Utilities, must be capable of accommodating an on-site stormwater management system adequate for the future use and development of the land, having regard to:

the size of the lot;

topography of the site;

soil conditions;

any existing buildings on the site;

any area of the site covered by impervious surfaces; and

any watercourse on the land.

A4 P4

Each lot, or a lot proposed in a plan of subdivision, excluding No Performance Criterion. for public open space, a riparian or littoral reserve or Utilities, must have a connection to a reticulated sewerage system.

SOR – P2.7.1 Local Areas

In this Zone the Local Areas are described as below and in Figure 34.1 Local Areas.

Name Reference in Figure 34.1 Description

Visitor Accommodation Area A Incorporating the development area at the western end of the site in the vicinity of Gilpins Creek.

Open Space Area B

Marina and Tourism Area C Incorporating the marina and associated buildings and the boat house accommodation.

Tasmanian Planning Scheme – State Planning Provisions

Figure 34.1 Local Areas

Tasmanian Planning Scheme – State Planning Provisions

Figure 34.2 Dunalley Marina Proposal Plan

Zone map

Tasmanian Planning Scheme – State Planning Provisions

SOR-S1.0 Potential Dispersive Soils Specific Area Plan

SOR-S1.1 Plan Purpose:

The purpose of the Potential Dispersive Soils Specific Area Plan is:

SOR-S11.1.1 To minimise and/or mitigate adverse impacts from development occurring on land that contains potential dispersive soils.

SOR-S11.2 Application of this Plan

SOR-S11.2.1 This specific area plan applies to an area of land designated as the Potential Dispersive Soils Specific Area Plan on the overlay maps.

SOR-S11.3 Local Area Objectives

This sub-clause is not used in this specific area plan.

SOR-S11.4 Definition of Terms

SOR-S11.4.1 In this Specific Area Plan, unless the contrary intention appears:

Terms Definition

dispersive soil means soil or sediment with an Exchangeable Sodium Percentage greater than 6% or which demonstrates dispersive behavior when in contact with fresh water.

dispersive soil means a report acceptable to the planning authority that details: management plan the dispersive potential of soils in the vicinity of the proposed development;

the potential for the development to cause or contribute to gully or tunnel erosion;

an analysis of the level of risk to the development and the level of risk to users of the development;

proposed management measures to reduce risk to an acceptable level where necessary,

prepared by a suitably qualified person in accordance with the best practice guidelines.1

SOR-S11.5 Use Table

This sub-clause is not used in this specific area plan.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S11.6 Use Standards

This sub-clause is not used in this specific area plan.

SOR-S11.7 Development Standards for Buildings and Works

SOR-S11.7.1 Development on Potential Dispersive Soils

Objective To ensure that development with the potential to disturb dispersive soil is appropriately located or managed to minimise the potential to cause erosion and ensure risk to property and the environment is reduced to an acceptable level.

Acceptable Solutions Performance Criteria

A1 P1

Development must be for: Development must be designed, sited and constructed to minimise the risks associated with dispersive soil to works not involving the release of concentrated water property and the environment having regard to the or the disturbance of soils; following, as appropriate:

additions or alterations to an existing building, or the the dispersive potential of soils in the vicinity of proposed construction of a non-habitable building, provided the buildings, driveways, services and the development area development area is no more than 100 m2; or generally;

forestry operations in accordance with a certified the potential of the development to affect or be affected by Forest Practices Plan. erosion, including gully and tunnel erosion;

the dispersive potential of soils in the vicinity of water drainage lines, infiltration areas/trenches, water storages, ponds, dams and disposal areas;

the level of risk and potential consequences for property and the environment from potential erosion, including gully and tunnel erosion;

management measures that would reduce risk to an acceptable level;

the advice contained in a dispersive soil management plan.

SOR-S11.8 Development Standards for Subdivision

SOR-S11.8.1 Subdivision on Potential Dispersive Soils

Objective To ensure that development with the potential to disturb dispersive soil is appropriately located or managed to minimise the potential to cause erosion and ensure risk to property and the

Tasmanian Planning Scheme – State Planning Provisions

environment is reduced to an acceptable level.

Acceptable Solutions Performance Criteria

A1 P1

No Acceptable Solution Subdivision must minimise the risks associated with dispersive soil to property and the environment having regard to the following, as appropriate:

the dispersive potential of soils in the vicinity of proposed buildings, driveways, services and the development area generally;

the potential of the subdivision to affect or be affected by erosion, including gully and tunnel erosion;

the dispersive potential of soils in the vicinity of water drainage lines, infiltration areas/trenches, water storages, ponds, dams and disposal areas;

the level of risk and potential consequences for property and the environment from potential erosion, including gully and tunnel erosion;

management measures that would reduce risk to an acceptable level;

the advice contained in a dispersive soil management plan.

Tasmanian Planning Scheme – State Planning Provisions

SOR –S11.9 Tables

This sub-clause is not used in this specific area plan.

Footnotes:

1: The Dispersive Soils and their Management: Technical Reference Manual (DPIW, 2009) is considered best practice guidelines.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S2.0 Southern Beaches Onsite Wastewater Management Specific Area Plan

SOR-S2.1 Plan Purpose:

The purpose of the Southern Beaches OnSite Wastewater Management Specific Area Plan is;

SOR-S2.1.1 To ensure that development or use requiring onsite wastewater management has land available for sustainable onsite treatment of that wastewater.

SOR-S2.1.2 To minimise and/or mitigate adverse impacts from development on land in respect of water quality, environmental nuisance, amenity and public health.

SOR-S2.2 Application of this Plan

SOR-S3.2.1 This specific area plan applies to the area of land designated as the Southern Beaches Onsite Wastewater Management Specific Area Plan on the overlay maps.

This specific area plan applies to use and development relying on onsite management of:

domestic wastewater from residential use; and

wastewater similar to domestic wastewater from non-residential use, other than wastewater from industrial or manufacturing processes.

SOR-S3.2.2 In the area of land this plan applies to, the provisions of the specific area plan modify, are in substitution for or are in addition to the provisions of:

Low Density Residential Zone;

Village; and

Local Business as specified in the relevant provision.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S2.3 Local Area Objectives

This sub-clause is not used in this specific area plan.

SOR-S2.4 Definition of Terms

SOR-S2.4.1 In this Specific Area Plan, unless the contrary intention appears:

Terms Definition

AS/NZS1547 means the Australian/New Zealand Standard 1547:203 On•site domestic wastewater management.

bedroom means a habitable room used, or potentially used, primarily for sleeping.

downslope surface water means surface water that is in the likely direction of wastewater flow across or through the soil once it has been discharged from a Land Application Area.

high environmental means high conservation value/ecological value aquatic eco•systems as defined in the Australian and New Zealand Guidelines for Fresh and Marine Water Quality. value water

high resource value means water used for any of the following:

water

potable human water supplies, including from bores or wells;

primary contact recreational purposes;

aquaculture.

horizontal separation means the distance measured along the surface of the ground from the land application area to a feature such as a property boundary, building, surface water or distance watercourse. The distance downslope to surface water is measured to either the high water mark if tidal waters are adjacent to a dunal system, or to the top of the riverbank

or cliff if a watercourse or a coastline.

land application area means an area of land used to apply effluent from a wastewater treatment unit and reserved for future wastewater application.

limiting layer means a layer such as hardpan, bedrock, or soil that restricts the movement of effluent vertically through the soil profile

Tasmanian Planning Scheme – State Planning Provisions

OWMS means an onsite wastewater management system

primary treated means wastewater that has been treated via the separation of suspended material from wastewater by settlement and/or floatation in septic tanks or primary settling effluent chambers.

raised bed means a terraced bed or mound for wastewater irrigation designed in accordance with AS/NZS 1547

secondary treated means wastewater that has been treated via aerobic biological processing and settling or filtering of wastewater to a quality equal to, or less than, 20mg/L BOD5 wastewater and 30mg/L suspended solids.

soil category means the predominant soil category for the top 1.5m of soil profile as listed in AS/NZS 1547

site and soil evaluation means a soil evaluation of the site and proposed development prepared by a suitably (SSE) qualified person in accordance with AS/NZS1547

surface water Surface water means any fresh water or geothermal water in a river, lake, stream, or wetland that may be permanently or intermittently flowing. Surface water also includes water in the coastal marine area and water in man-made channels and dams unless these are to specifically divert surface water away from the land application area. Surface water excludes any water in a pipe or tank or stormwater drain.

vertical separation means the distance measured vertically through the ground from the base of the land application area to a distance feature such as bedrock, a limiting layer or groundwater. The distance to groundwater is measured to the highest known seasonal water table.

watercourse means a stream that:

Has visible bed and banks, that is, an eroded channel no matter how small but not a defined non-eroded grassy course or drainage depression; and

Is partially fed with water from some source other than surface water run-off (for example, springs, snowfields, or spongy soil that absorbs rainfall and then releases it into the stream over a longer period)

Wastewater The discharge from sanitary fixtures and sanitary appliances

SOR- S2.4 Application Requirements

SOR-S2.4.1 Application Requirements

Tasmanian Planning Scheme – State Planning Provisions

In addition to any other application requirements, the planning authority may require the applicant to provide any of the following information if considered necessary to determine compliance with all applicable standards:

a site and soil evaluation prepared in accordance with AS/NZS1547;

certification from a structural engineer that the risk of effluent reducing the bearing capacity of a building’s foundations is acceptably low;

A site plan drawn to scale indicating the location and type of wastewater land application area and wastewater treatment unit.

SOR-S2.5 Use Table

This sub-clause is not used in this specific area plan.

SOR-S2.6 Use Standards

This sub-clause is not used in this specific area plan.

SOR-S2.7 Development Standards for Residential Development

SOR-S2.7.1 Development Standards for Residential Development

This clause is in substitution for or in addition to Low Density Residential Zone – clause

Tasmanian Planning Scheme – State Planning Provisions

Objective

To ensure sustainable onsite wastewater management for residential development.

Acceptable Solutions Performance Criteria

A1 P1

A new dwelling must be provided with a land The land application area is sized in accordance with the application area that complies with Table S2.11.1 requirements of AS/NZS 1547; and

A risk assessment in accordance with Appendix A of AS/NZS 1547 has been completed that demonstrates that the risk is acceptable.

A2 P2

An addition or alteration to an existing dwelling, or The on-site wastewater management system (including change of use to a dwelling, must not encroach onto the land application area) is of sufficient size to comply an existing land application area and comply with at with the requirements of AS/NZS 1547; and least one of the following: A risk assessment in accordance with Appendix A of AS/NZS 1547 has been completed that demonstrates that the risk is acceptable. not increase the number of bedrooms or otherwise increase the potential volume of wastewater generated onsite;

not increase the number of bedrooms or otherwise increase the potential volume of wastewater generated onsite to greater than that allowed for in the design of the existing OWMS;

SOR-S2.7 Development Standards for Non Residential Development

SOR-S2.7.1 Development Standards for Non Residential Development

Tasmanian Planning Scheme – State Planning Provisions

This clause is in substitution for or in addition to Low Density Residential Zone – clause

Objective To ensure sustainable onsite wastewater management for non -residential development.

Acceptable Solutions Performance Criteria

A1 P1

An onsite wastewater management system An onsite wastewater management system including the including the land application area for land application area for non-residential development must non•residential development must: satisfy all of the following:

(a) be sized based on the hydraulic and organic A site and soil evaluation and design report from a suitably loadings contained in Table S2.11.2 and design loading qualified wastewater designer demonstrating that the land or irrigation rates contained in AS/NZS 1547; and application area is of sufficient size to treat and manage the wastewater generated from the proposed development within the property boundaries of the proposed development must be completed. (b) located in accordance with Table S2.11.2

The SSE report and system design shall be consistent with

AS/NZS 1547 and use appropriate hydraulic and organic loading rates for the proposed activity.

A risk assessment in accordance with Appendix A of AS/NZS 1547 has been completed that demonstrates that the risk is acceptable.

The land application area is to be located in accordance with Table S2.11.2

SOR-S2.8 Development Standards for Subdivision

SOR-S2.8.1 Development Standards for Subdivision

This clause is in substitution for or in addition to Low Density Residential Zone – clause

Tasmanian Planning Scheme – State Planning Provisions

Objective To ensure sustainable onsite wastewater management for new lots.

Acceptable Solutions Performance Criteria

A1 P1

A new lot must have an area adequate to The area of a new lot must be adequate to accommodate a accommodate a land application area which is sized and land application area which is sized and located to comply located to comply with S2.10.0 A1 – A7 for a with S2.10.1 P1 – P7for a dwelling containing a minimum dwelling containing a minimum of 3 bedrooms. of 3 bedrooms.

Where there is limited suitable area on a lot for sustainable wastewater land application the required land application area must be designated on the land title and any appropriate restrictions included as covenants.

SOR-S2.9 Development Standards for New Boundaries

SOR-S2.9.1 Development Standards for New Boundaries

This clause is in substitution for or in addition to Low Density Residential Zone, Village and Local Business – clause

Objective To ensure subdivisions and boundary adjustments creating new boundaries do not increase the potential for existing onsite wastewater management systems and land application areas to cause environmental harm.

Acceptable Solutions Performance Criteria

A1 P1

A new boundary must have a separation distance from an existing land application area that complies with S2.10.1 A3 A new boundary must have a separation distance from an existing land application area that satisfies S2.9.1 P3

Tasmanian Planning Scheme – State Planning Provisions

SOR-S2.10 Development Standards for Land Application Areas

SOR – S2.10.1 Development Standards for Land Application Areas

This clause is in substitution for or in addition to Low Density Residential Zone, Village and Local Business – clause

Objective To provide for sustainable onsite wastewater management through the provision of appropriate land application areas.

Acceptable Solutions Performance Criteria

A1 P1

Horizontal separation distance from a building to a The land application area is located so that; land application area must comply with one of the following:

The risk of wastewater reducing the bearing capacity of a buildings foundation is acceptably low; and be no less than 6m;

Is setback a sufficient distance from a downslope boundary be no less than: excavation around or under a building to prevent inadequately treated wastewater seeping out of that ( excavation.

(i) 2m from an upslope boundary or level building;

(ii) If primary treated effluent to be no less than 4m plus 1m for every degree of average gradient from a downslope building;

If secondary treated effluent and subsurface application, no less than 2m plus 0.25m for every degree of average gradient from a downslope building.

Certification from a structural engineer that the risk of effluent reducing the bearing capacity of a building’s foundations is acceptably low.

A2 P2

Tasmanian Planning Scheme – State Planning Provisions

Horizontal separation distance from downslope Horizontal separation distance from downslope surface surface water to a land application area must water setback to a land application area must comply with comply with: the following:

Setbacks must be consistent with AS/NZS 1547 Appendix R; and Be no less than 100m or; Have a risk assessment completed in accordance with Appendix A of AS/NZS 1547 that demonstrates that the risk is acceptable. If primary treated effluent 15m plus 7m for every degree of average gradient to downslope surface water; or

If secondary treated effluent and subsurface application, 15m plus 2m for every degree of average gradient to down slope surface water.

A3 P3

Horizontal separation distance from a property boundary Horizontal separation distance from a property boundary to to a land application area must comply with either of the a land application area must comply with the following: following:

Setback must be consistent with AS/NZS 1547 Appendix R; be no less than 40m from a property boundary; or and be no less than: Have a risk assessment completed in accordance with Appendix A of AS/NZS 1547 that demonstrates that the risk 1.5m from an upslope or level property boundary; and is acceptable

If primary treated effluent 2m for every degree of average gradient from a downslope property boundary; or

If secondary treated effluent and subsurface application, 1.5m plus 1m for every degree of average gradient from a downslope property boundary.

A4 P4

Horizontal separation distance from a downslope Horizontal separation distance from a downslope bore, bore, well or similar water supply to a land application well or similar water supply to a land application area must area must be no less than 50m. comply with the following:

Setback must be consistent with AS/NZS 1547 Appendix R;

Tasmanian Planning Scheme – State Planning Provisions

and

Have a risk assessment completed in accordance with Appendix A of AS/NZS 1547 that demonstrates that the risk is acceptable

A5 P5

Vertical separation distance between groundwater Vertical separation distance between groundwater and a and a land application area must be no less than: land application area must comply with the following:

1.5m if primary treated effluent: or Setback must be consistent with AS/NZS 1547 Appendix R; and 0.6m if secondary treated effluent Have a risk assessment completed in accordance with Appendix A of AS/NZS 1547 that demonstrates that the risk is acceptable

A6 P6

Vertical separation distance between a limiting layer Vertical setback must be consistent with AS/NZS1547 and a land application area must be no less than: Appendix R

1.5m if primary treated effluent; or

0.5m if secondary treated effluent

A7 P7

No acceptable solution A wastewater treatment unit must be located a sufficient distance from a building or neighboring properties so that emissions (odour, noise or aerosols) from the unit do not created an environmental nuisance to the residents of those properties.

Tasmanian Planning Scheme – State Planning Provisions

SOR –S2.11 TABLES

SOR- S2.11.1 Minimum Land Application Area Table

This clause is in substitution for or in addition to Low Density Residential Zone – clause

Soil category for top 1.5 m of Area required per Area required per bedroom for secondary treatment soil profile as listed in AS/NZS bedroom for primary effluent (m²) 1547, (refer notes). treatment effluent (m²)

Slope(d) Slope(d) Slope(d) >20%

0-10% 10 – 20%

1 (Sand) 50 50 60 100

2 (Sandy loam) 60 55 66 110

3 (Loam) 90 70 84 140

4 (Clay loam) 30 80 96 160

5 (Light clay) 180 100 30 200

6 (Clay) 180 130 156 260

Notes to Table:

Where the soil in the upper 1.5 m of the soil profile comprises two or more soil categories, the required area must be calculated on the basis of the requirements for the predominant soil category.

If dispersive soils or a limiting layer are encountered within the upper 1 m of the soil profile, then the area required must be calculated on the basis of the requirements for Category 6 soil.

Minimum land application area for primary treated include land that is reserved for future waste land application.

Slope means the average gradient of the land across the land application area.

Tasmanian Planning Scheme – State Planning Provisions

SOR- S2.11.2 Minimum daily wastewater allowance for Non – Residential Table

This clause is in substitution for or in addition to Low Density Residential Zone – clause

Source Design hydraulic loading Design organic loading Litres/person/day grams/person/day

Motel – per bar attendant 1000 30

Motel – meals per diner 10 10

Motel – per resident guest & staff (in house 150 80 laundry)

Motel – resident guest & staff (out sourced 100 80 laundry)

Restaurant per seat 40 50

Tea rooms & café per seat 10 10

Take-away food per customer 10 40

Conference /function centre 30 35

Public toilet 6 3

Public hall, theatre, gallery (no kitchen) 3 2

Public hall, theatre, gallery (with kitchen) 10 5

Public building with showers & toilets 50 10 (sports club, gym, pool)

Tasmanian Planning Scheme – State Planning Provisions

Hospital (per bed) 350 150

Childcare centre per child & staff 20 20

Factory, office, medical centre per person 20 15

Campgrounds (fully serviced) 150 60

Camp Grounds (with showers & toilets) 100 40

SOR-S3.0 Stormwater Management Specific Area Plan

SOR-S3.1 Plan Purpose:

SOR-S3.1.1 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.

SOR-S3.2 Application of this Plan

SOR-S3.2.1 .This specific area plan applies to an area of land designated as the Stormwater Management Specific Area Plan on the overlay maps.

SOR-S3.3 Local Area Objectives

This sub-clause is not used in this specific area plan.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S3.4 Definition of Terms

SOR-S3.4.1 In this Specific Area Plan, unless the contrary intention appears:

Terms Definition

ARI means the average recurrence interval, which means the average or expected value of the periods between exceedances of a given rainfall total accumulated over a given duration.

impervious surface includes any roof or external paved or hardstand area, including for a road, driveway, a vehicle loading, parking and standing apron, cycle or pedestrian pathway, plaza, uncovered courtyard, deck or balcony or a storage and display area.

major stormwater means the combination of overland flow paths (including roads and watercourses) and drainage system the underground reticulation system designed to provide safe conveyance of stormwater runoff and a specific level of flood mitigation.

minor stormwater means the stormwater reticulation infrastructure designed to accommodate more drainage system frequent rainfall events (in comparison to major stormwater drainage systems) having regard to convenience, safety and cost.

stormwater drainage means a major or minor stormwater drainage system. system

suitably qualified means a professional engineer currently practicing with relevant CPEng or NPER person accreditation and an appropriate level of professional indemnity and public liability insurance.

SOR-S3.5 Use Table

This sub-clause is not used in this specific area plan.

SOR-S3.6 Application Requirements

SOR – S3.6.1 In addition to any other application requirements, the planning authority may require the applicant to provide any of the following information if considered necessary to determine compliance with performance criteria, as specified:

a report from a suitably qualified person advising of the suitability of private and public stormwater systems for a proposed development or use; a report from a suitably qualified person on the suitability of a site for an on•site stormwater disposal system.

SOR-S3.7 Use Standards

Tasmanian Planning Scheme – State Planning Provisions

This sub-clause is not used in this specific area plan.

SOR-S3.8 Development Standards for Buildings and Works

SOR-S3.8.1 Stormwater Drainage and Disposal

Objective To ensure that stormwater quality and quantity is managed appropriately.

Acceptable Solutions Performance Criteria

A1 P1

Stormwater from new impervious surfaces must be Stormwater from new impervious surfaces must be disposed of by gravity to public stormwater managed by any of the following: infrastructure.

disposed of on•site with soakage devices having regard to the suitability of the site, the system design and water sensitive urban design principles

collected for reuse on the site;

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.

A2 P2

A stormwater system for a new development must A stormwater system for a new development must incorporate water sensitive urban design principles, incorporate a stormwater drainage system of a size and footnote 1, for the treatment and disposal of design sufficient to achieve the stormwater quality and stormwater if any of the following apply: quantity targets in accordance with the State Stormwater Strategy 2010, as detailed in Table E7.1 unless it is not feasible to do so.

the size of new impervious area is more than 600 m2 ;

new car parking is provided for more than 6 cars;

Tasmanian Planning Scheme – State Planning Provisions

a subdivision is for more than 5 lots.

A3 P3

A minor stormwater drainage system must be designed No Performance Criteria. to comply with all of the following:

be able to accommodate a storm with an ARI of 20 years in the case of non•industrial zoned land and an ARI of 50 years in the case of industrial zoned land, when the land serviced by the system is fully developed;

stormwater runoff will be no greater than pre•existing runoff or any increase can be accommodated within existing or upgraded public stormwater infrastructure.

A4 P4

A major stormwater drainage system must be designed No Performance Criteria. to accommodate a storm with an ARI of 100 years.

SOR –S3.9 Tables

Acceptable Stormwater Quality and Quantity Targets

80% reduction in the average annual load of total suspended solids (TSS) based on typical urban stormwater TSS concentrations.

45% reduction in the average annual load of total phosphorus (TP) based on typical urban stormwater TP concentrations.

45% reduction in the average annual load of total nitrogen (TN) based on typical urban stormwater TN concentrations.

Tasmanian Planning Scheme – State Planning Provisions

Stormwater quantity requirements must always comply with requirements of the local authority including catchment specific standards. All stormwater flow management estimates should be prepared according to methodologies described in Australian Rainfall and Runoff (Engineering Australia 2004) or through catchment modelling completed by a suitably qualified person.

Footnotes:

1: 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.

SOR-S4.0 Dunalley Low Density Residential Specific Area Plan

SOR-S4.1 Plan Purpose:

The purpose of the Dunalley Low Density Residential Specific Area Plan is:

SOR-S4.1.1 to provide for a preferred subdivision density for a part of the Dunalley Township

SOR-S4.2 Application of this Plan

SOR-S4.2.1 This specific area plan applies to an area of land designated as the Dunalley Low Density Residential Specific Area Plan on the overlay maps.

SOR-S4.2.1.2 In the area of land this plan applies to, the provisions of the specific area plan are in substitution for the provisions of the Low Density Residential Zone, as specified in the relevant provision.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S4.3 Local Area Objectives

SOR-S4.3.1 Local Area Objectives

Sub-clause Area Description Local Area Objectives

SOR – S4.3.1.1 Dunalley Low Density Residential Provide for additional lot yield appropriate to the Specific Area Plan availability of services to the land.

SOR-S4.4 Definition of Terms

This sub-clause is not used in this specific area plan.

SOR-S4.5 Use Table

This sub-clause is not used in this specific area plan.

SOR-S4.6 Use Standards

This sub-clause is not used in this specific area plan.

SOR-S4.7 Development Standards for Buildings and Works

SOR-S4.7.1 Development on Potential Dispersive Soils

SOR-S4.8 Development Standards for Subdivision

SOR-S4.8.1 Lot Design

Objective To provide for density consistent with the local area objectives for the Low Density Residential area of Dunalley.

Acceptable Solutions Performance Criteria

A1 P1

Each lot, or a lot proposed on a plan of subdivision Each lot, or a lot proposed in a plan of subdivision, must must; have sufficient useable land and dimensions suitable for its

Tasmanian Planning Scheme – State Planning Provisions

have an area not 800m2 intended use have regard to;

The local area objective

The relevant requirements for development of buildings on the lots;

The intended location of buildings on the lots by the provision of a building area;

The topography of the site;

Adequate provision of private open space;

Adequate provision of drainage and sewerage;

Any constraints to development.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S5.0 Connellys Marsh Low Density Residential Specific Area Plan

SOR-S4.1 Plan Purpose:

The purpose of the Connellys Marsh Low Density Residential Specific Area Plan is:

SOR-S4.1.1 to provide for a preferred subdivision density for a part of the Connellys Marsh

SOR-S4.2 Application of this Plan

SOR-S4.2.1 This specific area plan applies to an area of land designated as the Connellys Marsh Low Density Residential Specific Area Plan on the overlay maps.

SOR-S4.3 Local Area Objectives

SOR-S4.3.1 Local Area Objectives

Sub-clause Area Description Local Area Objectives

SOR – S4.3.1.1 Connellys Marsh Low Density Provide for a lot yield appropriate to constraints and Residential Specific Area Plan the availability of services to the land.

SOR-S4.4 Definition of Terms

This sub-clause is not used in this specific area plan.

SOR-S4.5 Use Table

This sub-clause is not used in this specific area plan.

SOR-S4.6 Use Standards

This sub-clause is not used in this specific area plan.

SOR-S4.7 Development Standards for Buildings and Works

Tasmanian Planning Scheme – State Planning Provisions

SOR-S4.7.1 Development on Potential Dispersive Soils

SOR-S4.8 Development Standards for Subdivision

SOR-S4.8.1 Lot Design

Objective To provide for density consistent with the local area objectives for the Low Density Residential area of Connellys Marsh.

Acceptable Solutions Performance Criteria

A1 P1

Each lot, or a lot proposed on a plan of subdivision Each lot, or a lot proposed in a plan of subdivision, must must; have sufficient useable land and dimensions suitable for its intended use having regard to; have an area not 3000m2 The local area objective

The relevant requirements for development of buildings on the lots;

The intended location of buildings on the lots;

The topography of the site;

Adequate provision of private open space;

Adequate provision of drainage;

Any constraints to development.

Sorell Local Provisions Schedule

SOR-Local Provisions Schedule Title

SOR1.1 This Local Provisions Schedule is called the Sorell Local Provisions Schedule and comprises all the land within the municipal area.

SOR Effective Date

SOR-1.2 The effective date for this Local Provisions Schedule is .

SOR-Local Area Objectives

Tasmanian Planning Scheme – State Planning Provisions

This clause is not used in this Local Provisions Schedule

Tasmanian Planning Scheme – State Planning Provisions

SOR-P1.0 Particular Purpose Zone – Future Road Corridor

SOR-P1.1 Zone Purpose

The purpose of the Particular Purpose Zone – Future Road Corridor is:

SOR-P1.1.1 To identify land that may be required for a road corridor in the future.

SOR-P1.1.2 To protect the corridor from use or development, including on adjacent land, which may affect the future safety, efficiency, and amenity of the road corridor or the use or development on adjoining land.

SOR-P1.1.3 That a future corridor is not compromised by use or development that prevents the road being constructed through its chosen route as a result of an increase in social or economic costs.

SOR-P1.2 Local Area Objectives

This sub-clause is not used in this particular purpose zone.

SOR-P1.3 Definition of Terms

This sub-clause is not used in this particular purpose zone.

SOR-P1.4 Use Table

Use Class Qualification

No Permit Required

Natural and Cultural Values Management

Permitted

Passive Recreation If for agricultural use, excluding controlled environment agriculture, tree farming and plantation forestry.

Resource Development If for minor utilities or road infrastructure.

Utilities

Discretionary

Tasmanian Planning Scheme – State Planning Provisions

Resource Development If not listed as permitted.

Utilities If not listed as permitted.

Prohibited

All other uses

Tasmanian Planning Scheme – State Planning Provisions

SOR-P1.5 Use Standards

This sub-clause is not used in this particular purpose zone.

SOR-P1.6 Development Standards for Buildings and Works

SOR-P1.6.1 Buildings and works

Objective: That buildings and works are for road infrastructure or do not prejudice the future use and development of land for road infrastructure.

Acceptable Solutions Performance Criteria

A1 P1

Buildings or works are for the development of a Buildings or works must not preclude the future use road by, or under the direction of, the Road and development of land for road infrastructure. Authority.

A2 P2

Buildings and other permanent improvements No Performance Criterion. must comply with the consent of the Minister pursuant to section 9A(5) of the Roads and Jetties Act 1935, if the land is declared to be the intended line of a state highway or subsidiary road.

SOR-P1.7 Development Standards for Subdivision

SOR-P1.7.1 Subdivision

Objective: That the subdivision of land does not prejudice the future use of land for road infrastructure.

Acceptable Solutions Performance Criteria

A1 P1

Subdivision is for the purposes of creating a lot for No Performance Criterion. the development of a road by, or under the direction of, the Road Authority.

A2 P2

Tasmanian Planning Scheme – State Planning Provisions

Subdivision must comply with the consent of the No Performance Criterion. Minister pursuant to section 9A(5) of the Roads and Jetties Act 1935, if the land is declared to be the intended line of a state highway or subsidiary road.

SOR-P1.8 Tables

This sub-clause is not used in this particular purpose zone.

Tasmanian Planning Scheme – State Planning Provisions

SOR-P2.0 Particular Purpose Zone – Dunalley Marina

SOR-P2.1 Zone Purpose

The purpose of the Particular Purpose Zone – Dunalley Marina is:

SOR-P2.1.1 To promote appropriate development of the foreshore area that reflects the unique character of the area, including a marina, while being responsive to the constraints and the physical context associated with a waterfront area.

SOR-P2.1.2 To enhance the public use of the foreshore and waterfront associated with the Denison Canal for boating activities.

SOR-P2.1.3 To create a focal point for the Dunalley Township by providing an integrated range of recreational, commercial and visitor accommodation uses and developments.

SOR-P2.1.4 That development reflects and responds to the natural and landscape values of the surrounding area.

SOR-P2.2 Local Area Objectives

Reference Number Area Description Local Area Objectives

SOR-P2.2.1 Dunalley Marina, shown on an overlay map The local area objectives for Particular as SOR-P2.2.1 and in Figure SOR-P2.1 Purpose Zone – Dunalley Marina are:

(a) A consistent thematic approach, related to the waterside location and maritime activities, being reflected in the materials and colours of the built spatial form.

(b) The area is to continue to serve the boating community with development and uses applicable to a marina.

(c) Outdoor spaces being integrated and well connected with buildings and structures to allow visual and physical permeability.

(d) Signage being integrated into the design of the buildings and relating only to businesses located in the precinct or to local public events held in the area.

(e) Illumination of buildings, car parking areas, spaces or signage being sufficient for public safety and identification without unreasonably impacting on natural values, sensitive

Tasmanian Planning Scheme – State Planning Provisions

uses and the residential amenity of surrounding areas.

(f) The Marina area is to be developed in a manner that reinforces its role as a maritime area with close links with the Denison Canal.

(g) The Marina area is to be treated as a waterfront precinct where physical and visual contact with the water is a valued experience. Accessing the area from the water will be encouraged and enhanced.

(h) The height, scale and bulk of development within this part of Dunalley must be consistent with existing buildings and not be obtrusive when viewed from the Esplanade and Imlay Street.

(i) The foreshore associated with the Marina area is to be treated as a continuous public space with an emphasis on safe and legible pedestrian movement with community access to the foreshore and with due consideration of the waterfront environment.

SOR-P2.3 Definition of Terms

SOR-P2.3.1 In this Particular Purpose Zone, unless the contrary intention appears:

Terms Definition

Visitor Accommodation Local The area shown as Area A in Figure SOR-P2.1, incorporating the Area development area at the western end of the site in the vicinity of Gilpins Creek.

Open Space Local Area The area shown as Area B in Figure SOR-P2.1.

Marina and Tourism Local Area The area shown as Area C in Figure SOR-P2.1, incorporating the marina and associated buildings and the boat house accommodation.

Tasmanian Planning Scheme – State Planning Provisions

SOR-P2.4 Use Table

Use Class Qualification

No Permit Required

Natural and Cultural Values Management

Passive Recreation

Utilities If for minor utilities.

Permitted

Community Meeting and If for an art and craft centre, museum, or public art gallery in the Marina Entertainment and Tourism Local Area.

Food Services If located in the Marina and Tourism Local Area.

General Retail and Hire If for a commercial art gallery, shop, or market and located in the Marina and Tourism Local Area.

Pleasure Boat Facility If located in the Marina and Tourism Local Area.

Tourist Operation If located in the Marina and Tourism Local Area.

Vehicle Parking If located in car parking areas in accordance with the Dunalley Marina Proposal Plan shown at Figure SOR-P2.2.

Visitor Accommodation If located in the Visitor Accommodation Local Area or the Marina and Tourism Local Area (building areas 1 or 2 on the Dunalley Marina Proposal Plan shown at Figure SOR-P2.2 or in existing buildings).

Discretionary

Educational and Occasional If for marine based education in the Marina and Tourism Local Area. Care

Emergency Services

Tasmanian Planning Scheme – State Planning Provisions

Manufacturing and Processing If for boat building or marine maintenance in the Marina and Tourism Local Area.

Port and Shipping If for a wharf, passenger terminal, hardstand loading and unloading areas, or stevedore and receipt offices in the Marina and Tourism Local Area.

Residential If for a manager residence associated with a marina in the Marina and Tourism Local Area.

Utilities If not listed as No Permit Required.

Vehicle Parking If not listed as Permitted.

Prohibited

All other uses

Tasmanian Planning Scheme – State Planning Provisions

SOR-P2.5 Use Standards

SOR-P2.5.1 Impact on sensitive uses and natural values

Objective: That non-residential uses do not cause:

(a) unreasonable loss of amenity to nearby sensitive uses; and (b) significant impact on natural values.

Acceptable Solutions Performance Criteria

A1 P1

Hours of operation must be within: Hours of operation must not have an unreasonable impact on sensitive uses or natural values, having (a) 7.00am to 10.00pm Monday to Saturday; and regard to: (b) 7.00am to 9.00pm Sunday and Public Holidays (a) the timing, duration, or extent of vehicle excluding for marina, visitor accommodation, movements; and residential, or office uses. (b) noise, lighting, and other emissions.

A2 P2 Noise emissions measured at the boundary of a Noise levels from use on the site must not residential zone must not exceed: unreasonably impact on the amenity of nearby sensitive uses or on natural values, having regard to: (a) 55dB(A) (LAeq) between the hours of 7.00am to 7.00pm; (a) the nature and intensity of the use; (b) 5dB(A) above the background (LA90) level or (b) the characteristics of the noise emitted; 40dB(A) (LAeq), whichever is the lower, (c) the separation between the noise emission and between the hours of 7.00pm to 7.00am; and the sensitive use; (c) 65dB(A) (LAmax) at any time. (d) the degree of screening between the noise source and sensitive uses; and (e) the character of the surrounding area. 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.

A3 P3

External lighting must comply with all of the External lighting must not unreasonably impact on following: sensitive uses or natural values, having regard to:

(a) be turned off between 10.00pm and 6.00am, (a) level of illumination and duration of lighting; excluding for security lighting or navigation (b) distance to habitable rooms of an adjacent lighting for marine vessels; dwelling; and,

Tasmanian Planning Scheme – State Planning Provisions

(b) security lighting must be baffled so that it (c) in particular, Little Penguins. does not cause emission of light outside the site; and (c) non-white light is to be used for external illumination of the marina and associated infrastructure.

A4 P4 Commercial vehicle movements (including loading Commercial vehicle movements and the loading and and unloading) to or from a site must be within the unloading of commercial vehicles must not result in hours of: unreasonable impact on sensitive uses or natural values, having regard to: (a) 7.00am to 6.00pm Monday to Friday; (b) 9.00am to 5.00pm Saturday; and (a) the time and duration of commercial vehicle (c) 10.00am to 12.00pm Sunday and Public movements; Holidays. (b) the number and frequency of commercial vehicle movements; (c) the size of commercial vehicles involved; (d) the ability of the site to accommodate commercial vehicle turning movements, including the amount of reversing (including associated warning noise); (e) noise reducing structures between vehicle movement areas and dwellings; (f) the level of traffic on the road; and (g) the potential for conflicts with other traffic.

SOR-P2.5.2 Visitor accommodation

Objective: That visitor accommodation is of a scale compatible with the Dunalley Marina Proposal Plan shown at Figure SOR-P2.2 and surrounding residential use.

Acceptable Solutions Performance Criteria

A1 P1

Visitor accommodation must be: Visitor accommodation must satisfy all of the following: (a) located within the Visitor Accommodation Local Area; or (a) not adversely impact residential amenity and (b) in existing buildings above ground level; or privacy of nearby properties; (c) in building areas 1 or 2 as shown on the (b) be of an intensity that respects the character of Dunalley Marina Proposal Plan at Figure SOR- use of the area; P2.2. (c) be of a scale that is sensitive to the coastal environment and existing buildings; and (d) satisfy any relevant local area objectives.

Tasmanian Planning Scheme – State Planning Provisions

SOR-P2.6 Development Standards for Buildings and Works

SOR-P2.6.1 Building height

Objective: That the scale of the development is appropriate for the context of the locality.

Acceptable Solutions Performance Criteria

A1 P1 Buildings must have a maximum height of 6.5m Building height must be compatible with the above natural ground or 7m AHD, whichever is streetscape and character of development existing greater. on established properties in the area, having regard to:

(a) the topography of the site; (b) the height, bulk and form of existing buildings on the site and adjacent properties; (c) the bulk and form of proposed buildings; (d) the apparent height when viewed from the Esplanade, foreshore, and the surrounding waters of Blackman Bay; (e) any overshadowing of adjoining properties and public places; and (f) zone purpose and any relevant local area objectives.

SOR-P2.6.2 Siting

Objective: That the siting of buildings, marina and wharf areas:

(a) protects the amenity of surrounding buildings; and (b) minimises the impact on the landscape values of the area.

Acceptable Solutions Performance Criteria

A1 P1 Buildings must be sited within the building areas Buildings must be sited to not cause an shown on the Dunalley Marina Proposal Plan at unreasonable loss of amenity to surrounding Figure SOR-P2.2. buildings, or impact on landscape values of the site, having regard to:

(a) the topography of the site; (b) the size, shape, and orientation of the site; (c) the side and rear setbacks of surrounding buildings; (d) the height, bulk, and form of existing and proposed buildings;

Tasmanian Planning Scheme – State Planning Provisions

(e) the need to remove vegetation as part of the development; (f) the appearance when viewed from roads and public places; (g) the landscape values of the surrounding area; (h) the facilitation of open spaces and public access and views to the water; and (i) zone purpose and any relevant local area objectives.

A2 P2 Marina breakwaters and wharf aprons must be Marina breakwaters and wharf aprons must be sited sited within the Marina and Tourism Local Area as to not cause an unreasonable loss of amenity to shown on the Dunalley Marina Proposal Plan at surrounding buildings or impact on landscape values Figure SOR-P2.2. of the site, having regard to:

(a) the topography of the site; (b) the size, shape and orientation of the site; (c) the height, bulk, and form of existing and proposed buildings; (d) the appearance when viewed from roads and public places; (e) the landscape values of the surrounding area; (f) the facilitation of open spaces and public access and views to the water; and (g) zone purpose and any relevant local area objectives.

SOR-P2.6.3 Building façade design

Objective: That building façades contribute positively to the streetscape and waterfront.

Acceptable Solutions Performance Criteria

A1 P1 Facades must not contain blank walls wider than Building facade design must avoid large expanses of 5.0m. blank wall to reduce the perceived height and bulk of the buildings, having regard to:

(a) articulation; (b) fenestration; (c) use of colours and materials; (d) landscaping; and (e) any other devices.

SOR-P2.6.4 Landscaping

Tasmanian Planning Scheme – State Planning Provisions

Objective: To:

(a) enhance the appearance of the area with a safe and attractive landscaping treatment; (b) contribute to the character of the area through habitat corridors and contribute to a visual blending of the marina with surroundings; and (c) minimise soil and bed erosion to assist in bank stability.

Acceptable Solutions Performance Criteria

A1 P1 Development must include a landscaping plan to: No Performance Criterion.

(a) enhance the appearance of the development; (b) provide public access to the water; (c) provide a range of plant height and forms to create diversity, interest, and amenity; (d) contribute to habitat corridors through the provision of native vegetation; (e) contribute to the stabilisation of the coastal banks when within 5m of High Water Mark; (f) offset any required black gum removal via new plantings at a ratio of 5:1; and (g) include weed management and hygiene protocols

SOR-P2.6.5 Outdoor storage areas

Objective: That outdoor storage areas do not detract from the appearance of the site or the locality.

Acceptable Solutions Performance Criteria

A1 P1

Outdoor storage areas must: Outdoor storage areas for non-residential uses must:

(a) be screened from public view; and (a) be located, treated, or screened to avoid (b) not encroach upon car parking areas, unreasonable adverse impact on the visual driveways, or landscaped areas. amenity of the locality; and (b) be located to not be visible from the foreshore and water.

SOR-P2.6.6 Exterior finish / design requirements

Objective: That the exterior of all buildings is reflective of the semi-industrial maritime history of the site.

Tasmanian Planning Scheme – State Planning Provisions

Acceptable Solutions Performance Criteria

A1 P1

New buildings or additions to existing buildings Exterior finishes of buildings, if not natural or must comply with all of the following: untreated, must be coloured to tone in with the waterfront setting, having regard to: (a) utilise timber, concrete, metal if for roof cladding, and glass exterior finishes; and (a) general character of the area; and (b) exterior finishes of buildings, if not natural or (b) any relevant Local Area Objectives. untreated, must be coloured using colours with a light reflectance value not greater than 40%.

A2 P2

Building design must: Building design must enhance the streetscape by:

(a) provide the main pedestrian entrance to the (a) providing the main access to the building in a building so that it is clearly visible from the way that addresses the street or other public road or publicly accessible areas on the site; space boundary; (b) screen mechanical plant and miscellaneous (b) ensuring the visual impact of mechanical plant equipment such as heat pumps, air and miscellaneous equipment, such as heat conditioning units, switchboards, hot water pumps, air conditioning units, switchboards, units, or similar from view from the street hot water units or similar, is insignificant when and other public spaces; viewed from the street and other public spaces; (c) incorporate roof-top service infrastructure, (c) screening roof-top service infrastructure, including service plants and lift structures, including service plants and lift structures, so as within the design of the roof; and to have insignificant visual impact; (d) not include security shutters over windows or (d) only providing shutters if essential for the doors with a frontage to a street or public security of the premises and other alternatives place. for ensuring security are not feasible; and (e) being consistent with the zone purpose and any relevant local area objectives.

A3 P3

Buildings: Buildings are designed to minimise bird strike, having regard to: (a) eliminate or obscure all transparent or highly reflective obstacles that are not readily (a) the topography of the site and surrounding perceptible by birds in flight, such as area; uncovered corner or opposing windows that (b) existing and proposed vegetation or screening; allow sightlines through buildings; (c) siting of building; (b) use low reflective glass on external surfaces; (d) window design; and or (e) any advice from any relevant State or (c) angle glass surfaces to reflect the ground or Commonwealth department. built fabric rather than the sky or habitat.

SOR-P2.6.7 Car parking

Tasmanian Planning Scheme – State Planning Provisions

Objective: That car parking is provided in a strategic manner.

Acceptable Solutions Performance Criteria

A1 P1 Car parking is to be provided in areas shown on the Car parking is to be provided in a coordinated Dunalley Marina Proposal Plan at Figure SOR-P2.2 manner and in a location that minimises visual and must be common in nature, excluding car impact on the waterfront setting, having regard to: parking for employees and commercial deliveries. (a) general character of the area; and (b) any relevant Local Area Objectives.

SOR-P2.7 Development Standards for Subdivision

SOR-P2.7.1 Subdivision

Objective: That subdivision is sympathetic to the character of the waterfront area and does not create potential for future incompatible development, and to provide for lot sizes suitable for the allowable uses of this zone.

Acceptable Solutions Performance Criteria

A1 P1

Each lot must be for public open space, riparian Each lot, or a lot proposed in a plan of subdivision, reserve, or utilities. must have sufficient useable area and dimensions suitable for its intended use, having regard to:

(a) existing buildings and the likely location of intended buildings on the lot; (b) the topography of the site; (c) the presence of any natural hazards; (d) the pattern of development existing on established properties in the area; and (e) any relevant local area objectives.

A2 P2

Each lot, or a lot proposed in a plan of subdivision, Each lot, or a lot proposed in a plan of subdivision, excluding for public open space, a riparian or must be provided with a frontage or legal littoral reserve, or Utilities, must have a frontage connection to a road by a right of carriageway that is not less than 10m. sufficient for the intended use, having regard to:

(a) the number of other lots which have the land subject to the right of carriageway as their sole or principal means of access;

Tasmanian Planning Scheme – State Planning Provisions

(b) the topography of the site; (c) the functionality and useability of the frontage; (d) the anticipated nature of vehicles likely to access the site; (e) the ability to manoeuvre vehicles on the site; (f) the ability for emergency services to access the site; (g) the pattern of development existing on established properties in the area,

and is not less than 3.6m wide.

A3 P3

No Acceptable Solution. Each lot, or a lot proposed in a plan of subdivision, excluding for public open space, a riparian or littoral reserve, or Utilities, must be capable of accommodating an on-site stormwater management system adequate for the future use and development of the land, having regard to:

(a) the size of the lot; (b) topography of the site; (c) soil conditions; (d) any existing buildings on the site; (e) any area of the site covered by impervious surfaces; and (f) any watercourse on the land.

A4 P4

Each lot, or a lot proposed in a plan of subdivision, No Performance Criterion. excluding for public open space, a riparian or littoral reserve, or Utilities, must have a connection to a reticulated sewerage system.

SOR-P2.8 Tables

This sub-clause is not used in this particular purpose zone.

Tasmanian Planning Scheme – State Planning Provisions

Figure SOR-P2.1 Local Areas

Figure SOR-P2.2 Dunalley Marina Proposal Plan

Tasmanian Planning Scheme – State Planning Provisions

SOR-S1.0 Dispersive Soils Specific Area Plan

SOR-S1.1 Plan Purpose

The purpose of the Dispersive Soils Specific Area Plan is:

SOR-S1.1.1 To minimise and/or mitigate adverse impacts from development occurring on land that contains dispersive soils.

SOR-S1.2 Application of this Plan

SOR-S1.2.1 The specific area plan applies to the area of land designated as Dispersive Soils Specific Area Plan on the overlay maps.

SOR-S1.2.2 In the area of land to which this plan applies, the provisions of the specific area plan are in addition to the provisions of:

(a) General Residential Zone

(b) Low Density Residential

(d) Village

(e) Local Business Zone

(f) Rural Zone

(g) Agriculture Zone

(h) Landscape Conservation Zone

(i) Environmental Management Zone

(j) Utilities Zone

(k) Community Purpose Zone

(l) Recreation Zone

(m) Open Space Zone

as specified in the relevant provision.

SOR-S1.3 Local Area Objectives

This sub-clause is not used in this specific area plan.

SOR-S1.4 Definition of Terms

SOR-S1.4.1 In this Specific Area Plan, unless the contrary intention appears:

Tasmanian Planning Scheme – State Planning Provisions

Terms Definition dispersive soil means soil or sediment with an exchangeable sodium percentage greater than 6% or which demonstrates dispersive behaviour when in contact with fresh water. dispersive soil management means a report acceptable to the planning authority that details: plan (a) the dispersive potential of soils in the vicinity of the proposed development;

(b) the potential for the development to cause or contribute to gully or tunnel erosion;

(d) proposed management measures to reduce risk to an acceptable level if necessary,

prepared by a suitably qualified person in accordance with best practice guidelines.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S1.5 Use Table

This sub-clause is not used in this specific area plan.

SOR-S1.6 Use Standards

This sub-clause is not used in this specific area plan.

SOR-S1.7 Development Standards for Buildings and Works

SOR-S1.7.1 Development on dispersive soils

General Residential Zone – clause 8.4 Development Standards for Dwellings and clause 8.5 Development Standards for Non-Dwellings, Low Density Residential Zone – clause 10.4 Development Standards for Dwellings and clause 10.5 Development Standards for Non-Dwellings, Local Business Zone – clause 14.4 Development Standards for Buildings and Works, Village Zone – clause 12.4 Development Standards for Buildings and Works, Rural Zone – clause 20.4 Development Standards for Buildings and Works, Rural Living Zone – clause 11.4 Development Standards for Buildings and Works, Agriculture Zone – clause 21.4 Development Standards for Buildings and Works, Landscape Conservation Zone - clause 22.4 Development Standards for Buildings and Works, Environmental Management Zone – clause 23.4 Development Standards for Buildings and Works, Utilities Zone – clause 26.4 Development Standards for Buildings and Works, Community Purpose Zone – clause 27.4 Development Standards for Buildings and Works, Recreation Zone – clause 28.4 Development Standards for Buildings and Works, Open Space Zone – clause 29.4 Development Standards for Buildings and Works.

Objective: That development with the potential to disturb dispersive soil is appropriately located or managed:

(a) to minimise the potential to cause erosion; and

(b) to reduce risk to property and the environment to an acceptable level.

Acceptable Solutions Performance Criteria

A1 P1

Development must be for: Development must be designed, sited and constructed to minimise the risks associated with (a) works not involving the release of dispersive soil to property and the environment, concentrated water or the disturbance of having regard to: soils; (a) the dispersive potential of soils in the vicinity

Tasmanian Planning Scheme – State Planning Provisions

(b) additions or alterations to an existing of proposed buildings, driveways, services and building, or the construction of a non- the development area generally; habitable building, provided the development (b) the potential of the development to affect or area is no more than 100m2; or be affected by erosion, including gully and (c) forestry operations in accordance with a tunnel erosion; certified Forest Practices Plan. (c) the dispersive potential of soils in the vicinity of water drainage lines, infiltration areas and trenches, water storages, ponds, dams and disposal areas;

(d) the level of risk and potential consequences for property and the environment from potential erosion, including gully and tunnel erosion;

(e) management measures that would reduce risk to an acceptable level; and

(f) the advice contained in a dispersive soil management plan.

SOR-S1.8 Development Standards for Subdivision

SOR-S1.8.1 Subdivision on dispersive soils

General Residential Zone – clause 8.5 Development Standards for Subdivision, Low Density Residential Zone – clause 10.6 Development Standards for Subdivision, Rural Living Zone – clause 11.5 Development Standards for Subdivision, Village Zone – clause 12.5 Development Standards for Subdivision, Local Business Zone – clause 14.5 Development Standards for Subdivision, Rural Zone – clause 20.5 Development Standards for Subdivision, Agriculture Zone – clause 21.5 Development Standards for Subdivision, Landscape Conservation Zone - clause 22.5 Development Standards for Subdivision, Environmental Management Zone – clause 23.5 Development Standards for Subdivision, Utilities Zone – clause 26.5 Development Standards for Subdivision, Community Purpose Zone – clause 27.5 Development Standards for Subdivision, Recreation Zone – clause 28.5 Development Standards for Subdivision, Open Space Zone – clause 29.5 Development Standards for Subdivision.

Objective:

That subdivision within an area of potentially dispersive soils minimises the potential for development to cause:

(a) erosion; and

(b) risk to property and the environment.

Tasmanian Planning Scheme – State Planning Provisions

Acceptable Solutions Performance Criteria

A1 P1

No Acceptable Solution. Each lot, or a lot proposed in a plan of subdivision, must minimise the risks associated with dispersive soil to property and the environment, having regard to:

(a) the dispersive potential of soils in the vicinity of proposed building areas, driveways, services and the development area generally;

(b) the potential of the subdivision to affect or be affected by erosion, including gully and tunnel erosion;

(c) the dispersive potential of soils in the vicinity of water drainage lines, infiltration areas and trenches, water storages, ponds, dams and disposal areas;

(d) the level of risk and potential consequences for property and the environment from potential erosion, including gully and tunnel erosion;

(e) management measures that would reduce risk to an acceptable level; and

(f) the advice contained in a dispersive soil management plan.

SOR-S1.9 Tables

This sub-clause is not used in this specific area plan.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S2.0 Southern Beaches On-site Waste water Management Specific Area Plan

SOR-S2.1 Plan Purpose

The purpose of the Southern Beaches On-site Waste water Management Specific Area Plan is:

SOR-S2.1.1 To ensure that development or use requiring on-site waste water management has land available for sustainable on-site treatment of that waste water.

SOR-S2.1.2 To minimise and/or mitigate adverse impacts from development on land in respect of water quality, environmental harm, amenity and public health.

SOR-S2.2 Application of this Plan

SOR-S2.2.1 This specific area plan applies to the area of land designated as the Southern Beaches On-site Waste water Management Specific Area Plan on the overlay maps.

SOR-S2.2.2 This specific area plan applies to use and development relying on on-site management of:

(a) domestic waste water from residential use; and

(b) waste water similar to domestic waste water from non-residential use, other than waste water from industrial or manufacturing processes.

SOR-S2.2.3 In the area of land this plan applies to, the provisions of the specific area plan are in addition to the provisions of:

(a) Low Density Residential Zone;

(b) Village Zone; and

as specified in the relevant provision.

SOR-S2.3 Local Area Objectives

This sub-clause is not used in the specific area plan.

SOR-S2.4 Definition of Terms

SOR-S2.4.1 In this Specific Area Plan, unless the contrary intention appears:

Terms Definition

AS/NZS1547 means the Australian/New Zealand Standard 1547:2012 On•site domestic waste water management.

Tasmanian Planning Scheme – State Planning Provisions

bedroom means a habitable room used, or potentially used, primarily for sleeping. downslope surface water means surface water that is in the likely direction of waste water flow across or through the soil once it has been discharged from a Land Application Area. horizontal separation means the distance measured along the surface of the ground from the land application area to a feature such as a property boundary, building, distance surface water or watercourse. The distance downslope to surface water is measured to either the high water mark if tidal waters are adjacent to

a dunal system, or to the top of the riverbank or cliff if a watercourse or a coastline. land application area means an area of land used to apply effluent from a waste water treatment unit and reserved for future waste water application. limiting layer means a layer such as hardpan, bedrock, or soil that restricts the movement of effluent vertically through the soil profile primary treated means waste water that has been treated via the separation of suspended material from waste water by settlement and/or floatation effluent in septic tanks or primary settling chambers.

secondary treated means waste water that has been treated via aerobic biological processing and settling or filtering of waste water to a quality equal to, waste water or less than, 20mg/L Biochemical Oxygen Demand (5 day) and 30mg/L suspended solids.

soil category means the predominant soil category for the top 1.5m of soil profile as listed in AS/NZS 1547 site and soil evaluation means a soil evaluation of the site and proposed development prepared by a suitably qualified person in accordance with AS/NZS1547 surface water means any fresh water or geothermal water in a river, lake, stream, or wetland that may be permanently or intermittently flowing. Surface water also includes water in the coastal marine area and water in man- made channels and dams unless these are to specifically divert surface water away from the land application area. Surface water excludes any water in a pipe or tank or stormwater drain.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S2.5 Use Table

This sub-clause is not used in this specific area plan.

SOR-S2.6 Use Standards

SOR-S2.7.1 Uses within the Southern Beaches On-site Waste Water Management Specific Area Plan

This clause is in addition to Low Density Residential Zone – clause 10.3 Use Standards, Village Zone – clause 12.3 Use Standards, and Local Business Zone – clause 14.3 Use Standards.

Objective: That on-site waste water management for residential use is sustainable.

Acceptable Solutions Performance Criteria

A1 P1

No acceptable Solution. A change of use to a dwelling that satisfies the following:

(a) The on-site waste water management

system (including the land application area) is of sufficient size to comply with the requirements of AS/NZS 1547; and

Tasmanian Planning Scheme – State Planning Provisions

(b) A risk assessment in accordance with Appendix A of AS/NZS 1547 has been completed that demonstrates that the risk is acceptable.

SOR-S2.7 Development Standards for Buildings and Works

SOR-S2.7.1 Development standards for residential development

This clause is in addition to Low Density Residential Zone – clause 10.4 Development Standards for Dwellings, Village Zone – clause 12.4 Development Standards for Buildings and Works, and Local Business Zone – clause 14.4 Development Standards for Buildings and Works.

Objective: That on-site waste water management for residential development is sustainable.

Acceptable Solutions Performance Criteria

Tasmanian Planning Scheme – State Planning Provisions

A1 P1

A new dwelling must be provided with a land A new dwelling demonstrates that the risk of application area that complies with Table S2.9.1. negative impacts on water quality, the environment, amenity, or public health are acceptable, having regard to:

(a) the land application area size requirements in AS/NZS 1547; and

(b) a completed risk assessment prepared in accordance with Appendix A of AS/NZS 1547.

A2 P2

An addition or alteration to an existing dwelling An addition or alteration to an existing dwelling must not encroach onto an existing land demonstrating that: application area and: (a) The on-site waste water management (a) not increase the number of bedrooms; system (including the land application and area) is of sufficient size to comply with (b) not increase the potential volume of waste generated on-site; and the requirements of AS/NZS 1547; and (c) not increase the potential volume of (b) A risk assessment in accordance with waste generated on-site to greater Appendix A of AS/NZS 1547 has been than that allowed for in the design of completed that demonstrates that the risk the existing on-site waste water is acceptable. management system.

SOR-S2.7.2 Development standards for non-residential development

This clause is in in addition to Low Density Residential Zone – clause 10.5 Development Standards for Non-Dwellings, Village Zone – clause 12.4 Development Standards for Buildings and Works, and Local Business Zone – clause 14.4 Development Standards for Buildings and Works.

Objective: That on-site waste water management for non-residential development is sustainable.

Acceptable Solutions Performance Criteria

A1 P1

An on-site waste water management system, including the land application area for non-

Tasmanian Planning Scheme – State Planning Provisions

An on-site waste water management system residential development demonstrating that the land including the land application area for application area is of sufficient size to treat and non•residential development must be: manage the waste water generated from the proposed development within the site boundaries of (a) sized based on the hydraulic and organic the proposed development taking into consideration: loadings contained in Table S2.9.2 and design loading or irrigation rates contained in a) A site and soil evaluation report and system AS/NZS 1547; and design that is consistent with AS/NZS 1547 and (b) located in accordance with clause SOR-S2.7.3 uses appropriate hydraulic and organic loading (A1 – A7) rates for the proposed activity; and b) A risk assessment in accordance with Appendix A of AS/NZS 1547 that demonstrates that the risk is acceptable; and c) The land application area location is consistent with clause SOR-2.7.3 (P1- P7)

SOR-S2.7.3 Development Standards for land application areas

This clause is in in addition to Low Density Residential Zone – clause 10.4 Development Standards for Dwellings and clause 10.5 Development Standards for Non-Dwellings, Local Business Zone – clause 14.4 Development Standards for Buildings and Works, Village Zone – clause 12.4 Development Standards for Buildings and Works.

Objective To provide for sustainable on-site waste water management through the provision of appropriate land application areas.

Acceptable Solutions Performance Criteria

A1 P1

Horizontal separation distance from a building The land application area sited: to a land application area must satisfy one of the following: (a) so that the risk of waste water reducing the bearing capacity of a buildings foundation is acceptably low; and (b) a sufficient distance from a downslope boundary (a) be not less than 6m; or excavation around or under a building to prevent inadequately treated waste water seeping out of that excavation. (b) be not less than:

(i) 2m from an upslope boundary or level building; and (ii) 4m plus 1m for every degree of average gradient from a downslope building, if primary treated effluent; or (iii) 2m plus 0.25m for every degree of average gradient from a downslope

Tasmanian Planning Scheme – State Planning Provisions

building, if secondary treated effluent and subsurface application. A2 P2

Horizontal separation distance from downslope Horizontal separation distance from downslope surface water to a land application area must surface water to a land application area is setback a be not less than: sufficient distance taking into consideration:

(a) 100m; or (a) setback distances in AS/NZS 1547 Appendix R; (b) 15m plus 7m for every degree of and average gradient to downslope surface (b) a risk assessment, completed in accordance with water, if primary treated effluent; or Appendix A of AS/NZS 1547, that demonstrates (c) 15m plus 2m for every degree of that the risk is acceptable. average gradient to down slope surface water, if secondary treated effluent and subsurface application.

A3 P3

Horizontal separation distance from a property Horizontal separation distance from a property boundary to a land application area must: boundary to a land application area is setback a sufficient distance taking into consideration: (a) be not less than 40m from a lot boundary; or (b) be not less than: (a) setback distances in AS/NZS 1547 Appendix R; (i) 1.5m from an upslope or level property and boundary; and (b) a risk assessment completed in accordance with (ii) 2m for every degree of average gradient Appendix A of AS/NZS 1547 that demonstrates from a downslope lot boundary, if primary that the risk is acceptable. treated effluent; or (iii) 1.5m plus 1m for every degree of average gradient from a downslope property boundary, if secondary treated effluent and subsurface application.

A4 P4

Horizontal separation distance from a downslope Horizontal separation distance from a downslope bore, well or similar water supply to a land bore, well or similar water supply to a land application area must be not less than 50m. application area is setback a sufficient distance taking into consideration:

(a) setback distances in AS/NZS 1547 Appendix R; and (b) have a risk assessment completed in accordance with Appendix A of AS/NZS 1547 that demonstrates that the risk is acceptable.

Tasmanian Planning Scheme – State Planning Provisions

A5 P5

Vertical separation distance between Vertical separation distance between groundwater and a land application area groundwater and a land application area is must be not less than: setback a sufficient distance taking into consideration: (a) 1.5m if primary treated effluent: or (b) 0.6m if secondary treated effluent. (a) setback distances in AS/NZS 1547 Appendix R; and (b) a risk assessment completed in accordance with Appendix A of AS/NZS 1547 that demonstrates that the risk is acceptable.

A6 P6

Vertical separation distance between a Vertical setback distance to a limiting layer are limiting layer and a land application area consistent with AS/NZS1547 Appendix R. must be not less than:

(a) 1.5m if primary treated effluent; or (b) 0.5m if secondary treated effluent.

A7 P7

The wastewater treatment unit is fully A waste water treatment unit located a sufficient enclosed and is located in ground. distance from a building or neighbouring properties so that emissions (odour, noise or aerosols) from the unit do not create an environmental nuisance to the residents of those properties.

SOR-S2.8 Development Standards for Subdivision

SOR-S2.8.1 Development Standards for subdivision

This clause is in addition to Low Density Residential Zone – clause 10.6.3 Services, Village Zone – clause 12.5.3 Services, Local Business Zone – clause 14.5.2 Services.

Objectives: That provision is made for sufficient and suitable land for on-site wastewater management systems for subdivisions and boundary adjustments creating new boundaries that:

Tasmanian Planning Scheme – State Planning Provisions

(a) do not increase the potential for existing on-site waste water management systems and land application areas to cause environmental harm; and (b) on-site waste water management is sustainable in locations where reticulated sewerage is not provided for new lots.

Acceptable Solutions Performance Criteria

A1 P1

A new lot must have an area adequate to The area of a new lot must be adequate to accommodate a land application area which is accommodate a land application area which is sized sized and located to comply with SOR-S2.7.3 (A1 – and located to comply with S2.7.3 (P1 – P7) for a A7) for a dwelling containing a minimum of 3 dwelling containing a minimum of 3 bedrooms. bedrooms.

A2 P2

A new boundary must have a separation distance A new boundary must have a separation distance from an existing land application area that complies from an existing land application area that satisfies with S2.7.3 A3. S2.7.3 P3.

SOR-S2.9 Tables

SOR-S2.9.1 Minimum Land Application Area

Soil category for top Area required Area required per bedroom for secondary 1.5m of soil profile as per bedroom for treatment effluent (m²) listed in AS/NZS 1547, primary (refer notes). treatment effluent (m²)

Slope(d) Slope(d) Slope(d) >20% 0-10% 10 – 20%

1 (Sand) 50 50 60 100

Tasmanian Planning Scheme – State Planning Provisions

2 (Sandy loam) 60 55 66 110

3 (Loam) 90 70 84 140

4 (Clay loam) 30 80 96 160

5 (Light clay) 180 100 30 200

6 (Clay) 180 130 156 260

Notes to Table:

(a) If the soil in the upper 1.5m of the soil profile comprises two or more soil categories, the required area must be calculated on the basis of the requirements for the predominant soil category. (b) If dispersive soils or a limiting layer are encountered within the upper 1m of the soil profile, then the area required must be calculated on the basis of the requirements for Category 6 soil. (c) Minimum land application area for primary treated includes land that is reserved for future waste land application. (d) Slope means the average gradient of the land across the land application area.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S2.9.2 Minimum daily waste water allowance for Non–Residential

Source Design hydraulic Design organic loading loading grams/person/day litres/person/day

Motel – per bar attendant 1000 30

Motel – meals per diner 10 10

Motel – per resident guest & staff 150 80 (in house laundry)

Motel – resident guest & staff 100 80 (out sourced laundry)

Restaurant per seat 40 50

Tea rooms & café per seat 10 10

Take-away food per customer 10 40

Conference /function centre 30 35

Public toilet 6 3

Public hall, theatre, gallery (no 3 2 kitchen)

Public hall, theatre, gallery (with 10 5 kitchen)

Public building with showers & 50 10 toilets (sports club, gym, pool)

Hospital (per bed) 350 150

Childcare centre per child & staff 20 20

Factory, office, medical centre 20 15 per person

Campgrounds (fully serviced) 150 60

Camp Grounds (with showers & 100 40 toilets)

Tasmanian Planning Scheme – State Planning Provisions

SOR-S3.0 Stormwater Management Specific Area Plan

SOR-S3.1 Plan Purpose

The purpose of the Stormwater Management Specific Area Plan is:

SOR-S3.1.1 The purpose of this provision is to ensure that stormwater from use and development, in both construction and operational phases, is of a quality and quantity that enables protection of natural assets, infrastructure and property.

SOR-S3.2 Application of this Plan

SOR-S3.2.1 The specific area plan applies to the area of land designated as Southern Beaches Stormwater Management Specific Area Plan on the overlay maps.

SOR-S3.2.2 In the area of land this plan applies to, the provisions of the specific area plan are in addition to the provisions of:

(a) Low Density Residential Zone;

(b) Village Zone; and

as specified in the relevant provision.

SOR-S3.3 Local Area Objectives

This sub-clause is not used in this specific area plan.

SOR-S3.4 Definition of Terms

SOR-S3.4.1 In this Specific Area Plan, unless the contrary intention appears:

Terms Definition

Annual exceedence probability means the probability of an event with a certain magnitude being exceeded in (AEP) any one year.

Tasmanian Planning Scheme – State Planning Provisions

major stormwater drainage means the combination of overland flow paths (including roads and system watercourses) and the underground reticulation system designed to provide safe conveyance of stormwater runoff and a specific level of flood mitigation.

stormwater drainage system means a major or minor stormwater drainage system.

Stormwater Service Provider Means as defined in the Urban Drainage Act 2013

SOR-S3.5 Use Table

This sub-clause is not used in this specific area plan.

SOR-S3.6 Use Standards

This sub-clause is not used in this specific area plan.

SOR-S3.7 Development Standards for Buildings and Works

SOR-S3.7.1 Stormwater drainage and disposal

Objective: To ensure that buildings, works and stormwater drainage and disposal create stormwater of a quality and quantity that enables protection of natural assets, infrastructure and property.

Acceptable Solutions Performance Criteria

A1 P1

Stormwater from new impervious surfaces must be Stormwater from new impervious surfaces must be: disposed of by gravity to public stormwater infrastructure. (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 reuse on the site; or

Tasmanian Planning Scheme – State Planning Provisions

(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 Stormwater Service Provider.

A2 P2

A stormwater system for a new development must A stormwater system for a new development must incorporate water sensitive urban design incorporate a stormwater drainage system of a size principles1 for the treatment and disposal of and design sufficient to achieve the stormwater stormwater if: quality and quantity targets in accordance with the State Stormwater Strategy 2010, as detailed in Table (a) the size of new impervious area is more than SOR-S3.9.1 600 m2; (b) new car parking is provided for more than 4 cars; or This is to be supported by a report from a (c) a subdivision is for more than 5 lots. suitably qualified person advising of the suitability of private and public stormwater systems for a proposed development or use;

A3 P3

A major stormwater drainage system must be No Performance Criterion. designed to accommodate a storm with an average recurrence interval of 100 years.

SOR-S3.8 Development Standards for Subdivision

SOR-3.8.1 Development Standards for Subdivision

This clause is in addition to Low Density Residential Zone – clause 10.6.3 Services, Village Zone – clause 12.5.3 Services, Local Business Zone – clause 14.5.2 Services.

Objective: To ensure that subdivision storm water drainage and disposal creates stormwater of a quality and quantity that enables protection of natural assets, infrastructure and property.

Acceptable Solutions Performance Criteria

Tasmanian Planning Scheme – State Planning Provisions

A1 P1

Stormwater from new impervious surfaces must be Stormwater from new impervious surfaces may be disposed of to public stormwater infrastructure. disposed of on-site if a report to the Planning Authority demonstrates that the site is suitable and that the onsite disposal system is designed, and will be maintained and managed to minimise the risk of failure to the satisfaction of the Planning Authority.

A2 P2

Subdivision includes no new road. Subdivision must be designed such that stormwater quality from the proposed impervious surfaces and likely future impervious surfaces following development of the lots (taken to be up to 500m2 per lot) is maintained and must comply with one of the following:

a) Acceptable Stormwater Quality Targets (Table 1; Footnote R3) are achieved, and the proposed treatment is suitable for the site, and includes an acceptable ongoing maintenance burden (including site access) and sediment and water is managed during development (Footnote R4); or b) the Stormwater Service Provider may, at their discretion, accept a cost contribution for stormwater quality in lieu of meeting the targets that are linked to an Urban Drainage Plan (or similar) created or accepted by the Stormwater Service Provider or is a provision of any developer contribution required pursuant to policy adopted by Planning Authority stormwater treatment. A3 P3

Tasmanian Planning Scheme – State Planning Provisions

Subdivision includes no new road. Subdivision must comply with one of the following:

a) any increase in stormwater runoff can be accommodated within an existing stormwater drainage system (or infrastructure upgraded as part of this proposal) to the satisfaction of the Stormwater Service Provider, and the Stormwater Service Provider may, at their discretion, accept a cost contribution for a future improvement of the public stormwater drainage system for infrastructure upgrades that are linked to an Urban Drainage Plan (or similar) created or accepted by the Stormwater Service Provider; b) a new minor stormwater drainage system must be sized in accordance with the requirements of the Stormwater Service Provider; or c) a new major stormwater drainage system must be designed to accommodate a 1% AEP storm event (and having regards to climate change).

Table 1 (see also Footnote R1 & R5): 80% reduction in the average annual load of total suspended solids (TSS) based on typical urban stormwater TSS concentrations or acceptable to the stormwater service provider.

45% reduction in the average annual load of total phosphorus (TP) based on typical urban stormwater TP concentrations or acceptable to the stormwater service provider.

45% reduction in the average annual load of total nitrogen (TN) based on typical urban stormwater TN concentrations or acceptable to the stormwater service provider.

Tasmanian Planning Scheme – State Planning Provisions

Stormwater treatment and risk minimisation of potential stormwater contamination associated with carparks, roads, recreational, commercial and industrial sites, that are acceptable to the:

(a) Stormwater Service Provider, (b) Urban Drainage Plan (or similar) created or accepted by the Stormwater Service Provider, (c) legislated water quality targets, (d) licenced operational targets. (e) ANZEC (2000) guidelines in the absence of local water quality objectives for receiving waters

Footnotes

Tasmanian EPA ‘Bunding and Spill Management Guidelines’ at: http://epa.tas.gov.au/documents/bunding_and_spill_management_guidelines_dec_2015.pdf

Note: Section 4. describes assessment considerations for bunding

‘Potentially contaminating activities, industries and land uses’ are listed by the Tasmanian EPA at: http://epa.tas.gov.au/regulation/potentially-contaminating-activities

Advice can be obtained from the Derwent Estuary Programs Water Sensitive Urban Design Engineering Procedures for Stormwater Management http://www.derwentestuary.org.au/wsudengineeringinfo/

The DPIPWE State Stormwater Strategy 2010 http://epa.tas.gov.au/epa/document?docid=721

The Model for Urban Stormwater Improvement Conceptualisation (MUSIC), http://ewater.org.au/products/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

Tasmanian Planning Scheme – State Planning Provisions

Advice can be obtained for preparing sediment and water management plans or appropriate control measures for development from the

Derwent Estuary Program: http://www.derwentestuary.org.au/stormwater-factsheets/ and International Erosion Control Association: http://www.austieca.com.au/publications/best-practice-erosion-and-sediment-control-bpesc-document

R5 Stormwater quantity requirements must always comply with requirements of the local authority including catchment-specific standards. All stormwater flow management estimates should be prepared according to methodologies described in Australian Rainfall and Runoff (Engineering Australia, current version) or through catchment modelling completed by a suitably qualified person.

Footnotes:

Tasmanian Planning Scheme – State Planning Provisions

SOR-S4.0 Dunalley Low Density Residential Specific Area Plan

SOR-S4.1 Plan Purpose

The purpose of the Dunalley Low Density Residential Specific Area Plan is:

SOR-S4.1.1 To provide a subdivision density of a designated area of land in the low density residential zone in close proximity to the Dunalley Township.

SOR-S4.1.1 Support ongoing and increased community and business activity in the Dunalley Town Centre / Village Precinct.

SOR-S4.2 Application of this Plan

SOR-S4.2.1 The specific area plan applies to the area of land designated as Dunalley Low Density Residential Specific Area Plan on the overlay maps.

SOR-S4.2.2 In the area of land to which this plan applies, the provisions of the specific area plan are in substitution for the provisions of the Low Density Residential Zone, as specified in the relevant provision.

SOR-S4.3 Local Area Objectives

SOR-S4.3.1 Local Area Objectives

Sub-clause Area Description Local Area Objectives

SOR-S4.3.1.1 Dunalley Low Density Residential, Provide for additional lot yield appropriate to the shown on an overlay map as SOR- availability of reticulated sewer to the land. S4.3.1.1

SOR-S4.4 Definition of Terms

This sub-clause is not used in this specific area plan.

SOR-S4.5 Use Table

This sub-clause is not used in this specific area plan.

SOR-S4.6 Use Standards

This sub-clause is not used in this specific area plan.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S4.7 Development Standards for Buildings and Works

This sub-clause is not used in this specific area plan.

SOR-S4.8 Development Standards for Subdivision

SOR-S4.8.1 Lot design

This clause is in substitution for Low Density Residential Zone – clause 10.6.1 A1 and P1.

Objective: To provide for density consistent with the local area objectives for the Low Density Residential area of Dunalley.

Acceptable Solutions Performance Criteria

A1 P1

Each lot, or a lot proposed in a plan of subdivision, Each lot, or a lot proposed in a plan of subdivision, must must have sufficient useable land and dimensions suitable for its intended use, having regard to:

a) the local area objective; (a) have an area not less than 800m2 and: b) the relevant requirements for development of (i) be able to contain a minimum area of buildings on the lots; 10m x 15m with a gradient not steeper than 1 in 5, clear of: c) the intended location of buildings on the lots by the provision of a building area; a. all setbacks required by Clause 10.4.3 A1 and A2; and d) the topography of the site;

b. easements or other title restrictions e) adequate provision of private open space; that limit or restrict development; and f) adequate provision of drainage and sewerage; (ii) existing buildings are consistent with and the setback required by clause g) any constraints to development; 10.4.3A1 and A2;

and must be not less than 800m2. (b) Be required for public use by the Crown, a council or State authority;

(d) Be for the consolidation of a lot with another lot provided each lot is within the same zone.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S4.9 Tables

This sub-clause is not used in this specific area plan.

Tasmanian Planning Scheme – State Planning Provisions

SOR-S5.0 Connellys Marsh Low Density Residential Specific Area Plan

SOR-S5.1 Plan Purpose

The purpose of the Connellys Marsh Low Density Residential Specific Area Plan is:

SOR-S5.1.1 To provide a preferred subdivision density for land within the Low Density Residential Zone in Connellys Marsh.

SOR-S5.2 Application of this Plan

SOR-S5.2.1 The specific area plan applies to the area of land designated as Connellys Marsh Low Density Residential Specific Area Plan on the overlay maps.

SOR-S5.3 Local Area Objectives

SOR-S5.3.1 Local Area Objectives

Sub-clause Area Description Local Area Objectives

SOR-S Connellys Marsh Low Density Provide for a lot yield appropriate to the constraints Residential, shown on an overlay map on services and the capability of the land to 5.3.1.1 as SOR-S5.3.1.1 accommodate drainage and wastewater disposal.

Maintain the existing seaside character and lot density.

SOR-S5.4 Definition of Terms

This sub-clause is not used in this specific area plan.

SOR-S5.5 Use Table

This sub-clause is not used in this specific area plan.

SOR-S5.6 Use Standards

This sub-clause is not used in this specific area plan.

SOR-S5.7 Development Standards for Buildings and Works

Tasmanian Planning Scheme – State Planning Provisions

This sub-clause is not used in this specific area plan.

SOR-S5.8 Development Standards for Subdivision

SOR-S5.8.1 Lot design

This clause is in substitution for Low Density Residential Zone – clause 10.6.1 A1 and P1.

Objective: To provide for density consistent with the local area objectives for the Low Density Residential area of Connellys Marsh.

Acceptable Solutions Performance Criteria

A1 P1

a) the local area objective; (a) have an area not less than 3000m2 and: b) the relevant requirements for development (i) Be able to contain a minimum area of buildings on the lots; of 10m x 15m with a gradient not steeper than 1 in 5, clear of: c) the intended location of buildings on the lots by the provision of a building area; a. All setbacks required by Clause 10.4.3 A1 and A2; and d) the topography of the site;

b. Easements or other title e) adequate provision of private open space; restrictions that limit or restrict development; and f) adequate provision of drainage and sewerage; and (ii) Existing buildings are consistent with the setback required by clause g) any constraints to development; 10.4.3A1 and A2;

and must be not less than 3,000m2. (b) Be required for public use by the Crown, a council or State authority;

(a) Be for the consolidation of a lot with another lot provided each lot is within the same zone.

SOR-S5.9 Tables

Tasmanian Planning Scheme – State Planning Provisions

This sub-clause is not used in this specific area plan.

Tasmanian Planning Scheme – State Planning Provisions

SOR-Site-specific Qualifications

Reference Site reference Folio of the Description (modification, Relevant Clause in Number Register substitution or addition) State Planning Provisions

SOR-10.1 26 Lewisham Scenic 102280/4 An additional Permitted Use Class Low Density Drive, Lewisham for this site is: Residential Zone – clause 10.2 Use Table

Bulky Goods Sales with the qualification “If for garden and landscape supplies”.

SOR-10.2 26 Lewisham 102280/4 An additional Permitted Use Class Low Density Scenic Drive, for this site is: Residential Zone – Lewisham clause 10.2 Use Table

Transport Depot and Distribution with the qualification “If for water cartage.”

SOR-12.2 21 Esplanade, 36340/2 and An additional Discretionary Use Village Zone – Dunalley and 139 156091/2 Class for this site is: clause 12.2 Use Arthur Highway, Table Dunalley

Resource Development with the qualification “If for aquaculture.”

SOR-11.2 2124 Arthur Highway, 203633/4 An additional Permitted Use Class Rural Living Zone – Copping for this site is: clause 11.2 Use Table

Community Meeting and Entertainment with the qualification “If for a museum.”

SOR-Code Lists

SOR-Table C3.1 Other Major Roads Road From To

Tasmanian Planning Scheme – State Planning Provisions

This table is not used in this Local Provisions Schedule

Tasmanian Planning Scheme – State Planning Provisions

SOR-Table C6.1 Local Heritage Places

Reference THR Town/Locality Street Property Folio of the Description, Specific Number Number address Name Register Extent, Statement of Local Historic Heritage Significance and Historic Heritage Values

SOR-C6.1.1 Blackman Bay (Part of old Corduroy Unknown Possibly constructed East Coast Roadway 1830s •1860s. Remnant Road) Off of early East Coast track Bay Road, made with logs lain on sand on foreshore/ tidal zone.

Unknown condition.

SOR-C6.1.2 Bream Creek 207 Marion Former 240667/1 Built 1896. Large single Bay Road, Bream Creek storey weatherboard School building with two gable wings. Original roof replaced by tiles. Extension and deck added between wings. Prominent location near road junction.

Very good condition.

SOR-C6.1.3 Copping 2188 Arthur Church of 155161/2 Built c.1895 and later. Highway, Christ and Two timber church Hall buildings (relocated from Kellevie and Bream Creek) linked with timber building.

Good condition.

SOR-C6.1.4 Forcett Arthur St Marys 125341/1 Built 1897. Single storey Highway Anglican weatherboard church Church building.

Fair condition – needs painting and roof drainage.

SOR-C6.1.5 Forcett 699 Arthur Forcett Hall 142485/1 Built c.1920. Large Highway single storey weatherboard public hall with prominent ventilators on roof ridge. Skillion additions to both sides. Prominent location

Tasmanian Planning Scheme – State Planning Provisions

near road. Good condition.

SOR-C6.1.6 Lewisham 2-4 Hurst Not 116947/1 Large single storey brick Street applicable house with half• hipped roof and dormer windows. Roof now has tiles and modern rendered finish to walls.

Associated with Thorne family, early settlers.

Good condition.

SOR-C6.1.7 Pawleena 208-211 Former 162282/3 Built c.1898. Bridges Woods Road Farmhouse Single storey weatherboard cottage Specific with brick chimneys and front/rear Parcel is verandahs (disused). identified Associated with Roy and Hilda Bridges – as Title local authors as well

Ref as Black Line Campsite.

110806/1 Very poor condition – uninhabitable.

SOR-C6.1.8 Pawleena 631 Holy Cross 125343/1 Small single storey Pawleena Anglican Road Church weatherboard church with nave and enclosed porch. New guttering installed. New structure being built immediately adjacent. Original avenue of trees largely removed.

Fair condition – needs painting.

SOR-C6.1.9 Sorell 48 Arthur Belmont 149804/1 & First built c.1840, added Highway 158964/1 to in various

times. Three single storey brick and

weatherboard buildings, the oldest built c.1840. Buildings

have been extensively

Tasmanian Planning Scheme – State Planning Provisions

renovated, repainted and reroofed, with

loss of early brick nogging.

Good condition.

SOR-C6.1.10 Sorell 39 Cole Not 230213/1 A small weatherboard Street applicable cottage with two gable roof sections, brick chimney and skillion section to the front. Possibly former Penna station building relocated in 1926.

Fair condition.

SOR-C6.1.11 Sorell 30 Cole Former 110664/1 Built c. 1820s. Single Street Agriculture storey rendered brick Department building with gable roof Building and large modern dormer section. Has new roof and internal renovations, but still retains key elements of early building in Sorell.

Good condition.

SOR-C6.1.12 Sorell 8-8a Not 39232/1 Built c.1910. Small Gordon applicable Federation house with Street bay window to street frontage. Adds to streetscape.

Fair condition – needs painting and repointing.

SOR-C6.1.13 Sorell 9 Gordon Former 70067/1 Built in c.1910. Small Street Braithwaite weatherboard building Store with three hipped roof sections and street verandah with iron skillion at rear. Retains original central door and display windows.

Important streetscape element.

Good condition.

Tasmanian Planning Scheme – State Planning Provisions

SOR-C6.1.14 Sorell 11 Gordon Former 113390/1 Built in c.1910. Small Street Braithwaite weatherboard House Federation building with hipped roof and gable wing facing the street, brick chimneys and enclosed veranda. Smaller building at rear joined by skillion. Important streetscape element.

Good condition.

SOR-C6.1.15 Sorell 3 Kidbrook Kidbrook 8740/3 Built c.1835. Single Road storey brick cottage with pyramid roof, dormer windows and brick chimneys. Slate tiles on main roof. Bell• cast verandah on all sides with skillion at rear. New garage and farm buildings to rear.

Good condition.

Listing to immediate fence lines around the house and to the creek.

SOR-C6.1.16 Sorell 15 Old Hall 211194/1 First built c.1862. Large Somerville single storey Street weatherboard public hall building with two gabled roof sections and roof ventilators. Established as public library in 1860s, then hall added in 1880s. Set in prominent location at road intersection.

Very good condition internally and externally.

SOR-C6.1.17 Sorell The Circle The Circle Road formation (road (c.1833) that once reserve) defined the location of Downwards flourmill. ¾ now a road, with south eastern ¼ forming public open space

Tasmanian Planning Scheme – State Planning Provisions

around a nursing home complex. Strong association with early planning for Sorell township.

Road and open space sections in well- maintained condition.

SOR-C6.1.18 Sorell 29 Walker House 14250/1 Built c.1840s. Single Street (former post storey weatherboard office) house with hipped roof and half gable to rear with brick chimneys and verandas to road frontages.

Very good condition.

SOR-C6.1.19 Wattle Hill 56 Nonesuch 46731/5 Built c.1832. Brick Nonesuch house with gable roof Road and brick chimneys,

now extensively

renovated with a large dwelling added to front. Substantial

changes to original building.

Good condition.

SOR-Table C6.2 Local Heritage Precincts

Reference Town/Locality Name of Description, Statement of Local Historic Heritage Significance, Number Precinct Historic Heritage Values and Design Criteria / Conservation Policy

This table is not used in this Local Provisions Schedule

SOR-Table C6.3 Local Historic Landscape Precincts

Reference Town/Locality Name of Description, Statement of Local Historic Heritage Significance, Number Precinct Historic Heritage Values and Design Criteria / Conservation Policy

Tasmanian Planning Scheme – State Planning Provisions

This table is not used in this Local Provisions Schedule

SOR-Table C6.4 Places or Precincts of Archaeological Potential

Reference Town/Locality Property Name Folio of the Description, Specific Extent and Number / Address/ Register Archaeological Potential Name of Precinct

This table is not used in this Local Provisions Schedule

SOR-Table C6.5 Significant Trees

Reference Town/ Property Folio of Description / Botanical Common No. of Number Locality Name and the Specific Extent Name Name trees Street Register Address

This table is not used in this Local Provisions Schedule

SOR-Table C8.1 Scenic Protection Areas Reference Number Scenic Protection Area Description Scenic Value Management Objectives Name

SOR-C8.1.1 Mount Lord Mount Lord is the Mount Lord (a) Maintain vegetation southern extent commands views as the dominant

of a range from both land and feature visible along skyline and hill face. bordering the sea (Pitt Water) and Orielton Valley. is prominent when (b) Avoid significant Vegetation is viewed from landscape change maintained on its adjacent coastal when viewed from public roads by summit whilst waters and public limiting visual there is a mix of roads. Those roads prominence by trees and includes Penna siting and designing agricultural Road, Sharkpoint buildings and works activities on its Road, the Causeway including access southern hillside. as well as in the roads concerning Sorell Township. the skyline and hillsides.

Tasmanian Planning Scheme – State Planning Provisions

SOR-C8.1.2 Pontos Hills (eastern These hills run Provides a key (a) Maintain hillside) north/south and skyline generally agricultural land

provide the running parallel with uses.

western border to the Tasman Highway (b) Avoid significant the Orielton and frames Orielton landscape change Valley. The area is valley when viewed on hill faces and characterised by from public roads as skylines. gently sloping well as in the Sorell pastoral land. Township.

SOR-C8.1.3 Simpsons Hill Prominent hill at (a) Well vegetated (a) Avoid significant the northern end skyline and landscape change

of Orielton and hillsides with visible from Tasman minimal Highway, Orielton Pawleena Valleys. agricultural Valley and uses. Pawleena Valley. (b) Has both (b) Development must Orielton and be unobtrusive by Sorell Rivulets its siting, design, to its lower exterior finish and sides. landscaping, or be designed to have minimal visual impact consistent with the quality of the scenic and landscape values of the site and area. SOR-C8.1.4 Tasman Highway The prominent Provides a visually (a) Avoid significant between Shark Point topography and distinctive, sparsely landscape change

Road and up to about native vegetation vegetated skyline on hill faces and skylines. East Orielton Road frames the and upper hillside eastern side of down to the farm (b) Locate and design Orielton Valley. land in the Orielton development to Valley. blend with the landscape, maintain native vegetation and not be visually obtrusive when viewed from the Tasman Highway between Shark Point Road and up to about East Orielton Road. SOR-C8.1.5 East of Sorell town – Prominent skyline This area provides a (a) Development is to Mount Elizabeth and and hill face that native vegetation be consistent with

Table Hill comprises background existing development substantial native predominately with patterns and vegetation. the views from east character. It is to be of the Sorell unobtrusive by its Township. siting, design, exterior finish and landscaping, or be designed to have minimal. SOR-C8.1.6 Southern side of Arthur The southern side (a) Travelling on (a) Enhance the Highway between Iron of the highway the highway is intensive

Tasmanian Planning Scheme – State Planning Provisions

Creek Bay and Sugar has an visually agricultural Loaf Road including agricultural enhanced by character either side some areas on character defined the vegetated of the highway hill sides to the through improved northern side in by predominately north and irrigation capacity. vicinity of Coopers Hill. irrigated agricultural (b) Development is to paddocks activities be of a rural including predominately character and scale intensive to the south. to complement the agricultural (b) These are the surrounding activities. first farmlands agricultural to be seen in activities. The northern side the Sorell has a municipality predominately upon travelling vegetated skyline from Hobart. and upper hill face with lower slopes farmed.

SOR-C8.1.7 Hill face between Prominent hill Sparsely vegetated Avoid significant Shellfish Point and face when viewed hill face of landscape change visible

Jones Bay from public areas significance when from Sorell township in particular when viewed from land and Arthur Highway.

viewed from across Pitt Water.

causeway entering Sorell Township.

SOR-C8.1.8 Carlton Bluff A headland with A prominent (a) Avoid significant sparse coastal headland visible landscape change

native vegetation. from Carlton, coastal visible from Carlton. waters and Carlton (b) Locate and design River. development to blend with the landscape, maintain native vegetation and not be visually obtrusive. SOR-C8.1.9 Coastal area between An open pastural Open rural grazing Avoid significant Connellys Marsh landscape with landscape and landscape change that

(Dorman Point) taking minimal native gentle undulations would be visible if in Wykeholm Point, vegetation and in topography act to looking across pastures Breaknock Bay and extensive views of direct views to the from Fulham Road. Stroud Point Prince Henry Bay. adjoining waters.

Agricultural uses are

an integral part of the landscape character.

SOR-C8.1.10 Area between An open Open rural grazing (a) Avoid significant intersection of Arthur landscape of landscape and change that would

Highway and Bay Road pasture and rural gentle undulations be visible if looking across pastures to development with in topography act to the bay. minimal native direct views to the vegetation and adjoining waters. (b) Development is to Agricultural uses are be of a rural

Tasmanian Planning Scheme – State Planning Provisions

extensive views of an integral part of character and scale Blackman Bay. the landscape to complement the character. values of the surrounding agricultural activities. SOR-C8.1.11 Boomer Island An island in The island has (a) Avoid over Boomer Bay prominence and development of the

connected to the distinction by virtue island but with due reference to the mainland via an of the building current building in isthmus. known as ‘the the design of a Improved by a castle’. The island’s castle. privately built, sparse vegetation (b) Use exterior prominent provides a similar materials and building in the landscape to the colours sympathetic design of a castle. “mainland”, which is to the existing predominately building. farmland.

SOR-C8.1.112 Marion Bay – Long Spit A long narrow spit Coastal dunes Avoid development and comprising provide a spatial works within Long Spit

coastal dunes. transition between that would impact on terrestrial and the scenic values of the marine coastal dune including environments coastal vegetation. thereby providing a distinct visual form. Provides a scenic foreground to the coastal waters.

SOR-C8.1.13 Ragged Tier, taking in The area is (a) Agricultural (a) Maintain the rural Benders Hill and Eagles characterised by uses are an character and

Sugarloaf north to farm land integral part of significant views to the landscape the coast and Bluff Beach and south extending from character. Marion Bay. along Marion Beach to the foothills to Marion Bay Road. the coast and the (b) Farmland in the (b) Development must vegetated gently sloping be compatible with valley is framed surrounding rural skylines and hill by vegetated character including faces of the skylines and hill scale, exterior northern hills. faces along the building materials range that runs and colours. north /south. (c) Discourage development along significant skylines, ridge lines and visually prominent locations that are visible from main public roads, such as Marion Bay Road Bay Roads. (d) Development on the vegetated hills must be unobtrusive by its siting, design, exterior finish and

Tasmanian Planning Scheme – State Planning Provisions

landscaping, or be designed to have minimal visual impact consistent with the quality of the scenic and landscape values of the site and area.

SOR-Table C8.2 Scenic Road Corridors

Reference Number Scenic Road Corridor Scenic Value Management Objectives Description

This table is not used in this Local Provisions Schedule

Tasmanian Planning Scheme – State Planning Provisions

SOR-Table C11.1 Coastal Inundation Hazard Bands AHD Levels

Locality High Hazard Band Medium Low Hazard Band (m AHD) Defined Flood Level (m AHD) Hazard Band (m AHD) (m AHD)

Sea Level Rise 2050 1% annual 1% annual exceedance 1% annual exceedance probability 2100 (design flood exceedance probability level) with freeboard probability 2100 2050 with freeboard

Boomer Bay 0.9 2.2 2.5 2.8

Carlton 0.9 2.1 2.4 2.7

Carlton River 1 2.1 2.4 2.7

Dodges Ferry 0.9 2.1 2.4 2.7

Dunalley 0.9 2.2 2.5 2.8

Forcett 0.9 2 2.3 2.6

Lewisham 0.9 2 2.3 2.6

Marion Bay 0.9 1.7 2.1 2.4

Midway Point 0.9 2 2.3 2.6

Penna 0.9 2 2.3 2.6

Primrose Sands 0.9 2.1 2.4 2.7

Sorell 0.9 2 2.3 2.6

All other locations 1 2.2 2.5 2.8

Tasmanian Planning Scheme – State Planning Provisions

SOR-Applied, Adopted or Incorporated Documents

Document Title Publication Details Relevant Clause in the LPS

Dispersive Soils and their Management: DPIW, 2009 SOR-S1.4 Technical Reference Manual

Tasmanian Planning Scheme – State Planning Provisions

SOR- Site-specific Qualifications

Reference Site reference Folio of the Description (modification, Relevant Clause in Number Register substitution or addition) State Planning Provisions

SOR-12.1. 26 Lewisham 102280/4 An additional Permitted Use Class for Low Density this site is: Scenic Drive, Residential Zone –

Lewisham clause 12.2 Use Bulky Goods Sales with the Table qualification “if for garden and landscape supplied”.

SOR-12.1 26 Lewisham 102280/4 An additional Permitted Use Class for Low Density this site is: Scenic Drive, Residential Zone – Lewisham clause 12.2 Use Transport Depot and Distribution Table with the qualification “if water cartage”.

SOR-16.2 21 Esplanade, Dunalley 36340/2 and An additional Discretionary Use Class Village Zone – clause (CT 36340/2) and 139 for this site is: 156091/2” 16.2 Use Table. Arthur Highway, Dunalley (CT Resource Development with the 156091/2)” qualification “if aquaculture”.

An additional Permitted Use Class for Rural Living Zone – SOR-13.2 2124 Arthur Highway, 203633/4 this site is: clause 13.2 Use Copping” Table. Community Meeting and Entertainment with the qualification “if for a museum”.

SOR-Code Lists

SOR-Table C3.1 Other Major Roads

Road From To This table is not used in this Local Provisions Schedule

Tasmanian Planning Scheme – State Planning Provisions

SOR - Table C6.1 Local Heritage Places

Reference THR Town Street Property Folio of Description, Specific Number Number Locality Address Name the Extent. Register

1 Blackman (Part of old Corduroy Unknown Possibly constructed 1830s Bay East Coast Roadway •1860s. Road) Off Bay Road Remnant of early East Coast track made with logs lain on sand on foreshore/ tidal zone.

Unknown Condition

2 Bream 207 Marion Former 240667/1 Built 1896. Large single Creek Bay Road Bream Creek storey weatherboard School building with

two gable wings. Original roof replaced by tiles. Extension and deck added between wings. Prominent location near road junction.

Very good condition.

3 Copping 2188 Arthur Church of 155161/2 Built c.1895 and later. Two Highway Christ and timber church buildings Hall (relocated from Kellevie and Bream Creek) linked with timber building.

Good condition.

4 Forcett Arthur St Marys 125341/1 Built 1897. Single storey Highway Anglican weatherboard church Church building.

Fair condition – needs painting and roof drainage.

5 Forcett 699 Arthur Forcett Hall 142485/1 Built c.1920. Large single Highway storey weatherboard public hall with prominent ventilators on roof ridge.

Skillion additions to both sides.

Tasmanian Planning Scheme – State Planning Provisions

Reference THR Town Street Property Folio of Description, Specific Number Number Locality Address Name the Extent. Register

Prominent location near road. Good condition.

6 Lewisham 2-4 Hurst Cottage 116947/1 Large single storey brick Street house with half• hipped roof and dormer windows. Roof now has tiles and modern rendered finish to walls.

Associated with Thorne family, early settlers.

Good condition

7 Pawleena 208-211 Former 162282/3 Built c.1898. Bridges Woods Road Farmhouse Single storey weatherboard cottage with brick Specific chimneys and front/rear verandahs Parcel is (disused). Associated with identified Roy and Hilda Bridges – local authors as well as Title as Black Line Campsite. Ref Very Poor condition – 110806/1 Uninhabitable.

8 Pawleena 631 Holy Cross 12534/1 Small single storey Pawleena Anglican Road Church Weatherboard church with nave and enclosed porch.

New guttering installed. New structure being built immediately adjacent.

Original avenue of trees largely removed. Fair condition – needs painting.

9 Sorell 48 Arthur Belmont 149804/1 First built Highway & 158964/1 c.1840, added

to in various

times. Three

Tasmanian Planning Scheme – State Planning Provisions

Reference THR Town Street Property Folio of Description, Specific Number Number Locality Address Name the Extent. Register

single storey

brick and

weatherboard

buildings, the

oldest built

c.1840. Buildings

have been

extensively

renovated,

repainted and

reroofed, with

loss of early

brick nogging.

Good condition.

10 Sorell 39 Cole Railway 230213/1 A small weatherboard Street Cottage cottage with two gable roof sections, brick chimney and skillion section to the front. Possibly former Penna station building relocated in 1926. Fair condition

11 Sorell 30 Cole Former 110664/1 Built c. 1820s. Single storey Street Agriculture rendered brick building Dept with gable roof and large Building modern dormer section. Has new roof and internal renovations, but still retains key elements of early building in Sorell. Good condition

12 Sorell 8-8a House 39232/1 Built c.1910. Small Gordon Federation house with bay Street window to street frontage. Adds to streetscape.

Tasmanian Planning Scheme – State Planning Provisions

Reference THR Town Street Property Folio of Description, Specific Number Number Locality Address Name the Extent. Register

Fair condition – needs painting and repointing.

13 Sorell 9 Gordon Former 70067/1 Built in c.1910. Small Street Braithwaite weatherboard building Store with three hipped roof sections and street verandah with iron skillion at rear. Retains original central door and display windows.

Important streetscape element.

Good condition.

14 Sorell 11 Gordon Former 113390/1 Built in c.1910. Small Street Braithwaite weatherboard Federation House building with hipped roof and gable wing facing the street, brick chimneys and enclosed veranda.

Smaller building at rear joined by skillion.

Important streetscape element.

Good condition.

15 Sorell 3 Kidbrook Kidbrook 8740/3 Built c.1835. Single storey Road brick cottage with pyramid roof, dormer windows and brick chimneys. Slate tiles on main roof. Bell• cast verandah on all sides with skillion at rear. New garage and farm buildings to rear.

Good condition.

To immediate fence lines around the house and to the creek.

16 Sorell 15 Old Hall 211194/1 First built c.1862. Large Somerville single storey weatherboard Street public hall building with two gabled roof sections

Tasmanian Planning Scheme – State Planning Provisions

Reference THR Town Street Property Folio of Description, Specific Number Number Locality Address Name the Extent. Register

and roof ventilators. Established as public library in 1860s, then hall added in 1880s. Set in prominent location at road intersection.

Very good condition internally and externally.

17 Sorell The Circle The Circle Road formation (c.1833) (road that once defined the reserve) location of Downwards flourmill. ¾ now a road, with south eastern ¼ forming public open space around a nursing home complex. Strong association with early planning for Sorell township.

Road and open space sections in well-maintained condition.

18 Sorell 29 Walker House 14250/1 Built c.1840s Single storey Street (former post weatherboard house with office) hipped roof and half gable to rear with brick chimneys and verandas to road frontages.

Very good condition.

19 Wattle Hill 56 Nonesuch 46731/5 Built c.1832. Nonesuch Road Brick house with

gable roof and

brick chimneys,

now extensively

renovated with

a large dwelling

added to front.

Substantial

Tasmanian Planning Scheme – State Planning Provisions

Reference THR Town Street Property Folio of Description, Specific Number Number Locality Address Name the Extent. Register

changes to

original building.

Good condition.

SOR-Table C6.2 Local Heritage Precincts

Reference Town/Locality Name of Description, Statement of Local Historic Heritage Number Precinct Significance, Historic Heritage Values and Design Criteria / Conservation Policy

This table is not used in this Local Provisions Schedule

SOR-Table C6.3 Local Historic Landscape Precincts

Reference Town/Locality Name of Description, Statement of Local Historic Heritage Number Precinct Significance, Historic Heritage Values and Design Criteria / Conservation Policy

This table is not used in this Local Provisions Schedule

SOR-Table C6.4 Places or Precincts of Archaeological Potential

Reference Town/Locality Property Name Folio of Description, Specific Extent and Number / Address/ the Archaeological Potential Name of Register Precinct

This table is not used in this Local Provisions Schedule

Tasmanian Planning Scheme – State Planning Provisions

SOR Table C6.5 Significant Trees

Reference Town/Locality Folio of the Description / Botanical Common No. of Number Register Specific Extent Name Name trees

This table is not used in this Local Provisions Schedule

SOR-Table C8.1 Scenic Protection Areas

Reference Number Scenic Protection Area Description Scenic Value Management Objectives Name

SOR-C8.1.1 Mount Lord Mount Lord is the The hill commands Maintain vegetation as southern end of a views from both the dominant form range bordering land and sea visible along skyline and the Orielton (Pittwater) and as hill face. Valley and such is prominent maintains when viewed from Avoid significant vegetation to its public roads such as landscape change when summit whilst Penna and viewed from public having a mix of Sharkpoint Roads, as roads by limiting visual trees and well as from coastal prominence by siting agricultural waters. and designing buildings activities on its and works including

Tasmanian Planning Scheme – State Planning Provisions

Reference Number Scenic Protection Area Description Scenic Value Management Objectives Name

south facing access roads concerning slope. the skyline and hillsides.

SOR-C8.1.2 Pontos Hills (eastern These hills run Provides a key Maintain historic slope) and north south and skyline generally farming practices. provide the running parallel with western border to the Tasman Highway Avoid significant the Orielton and as such provides landscape change on hill Valley. It is a frame to the valley faces and skylines characterised by when viewed from gently sloping public roads. pastoral land.

SOR-C8.1.3 Simpsons Hill Prominent hill at A well vegetated Avoid significant the northern end skyline and hillsides landscape change when of Orielton and with minimum viewed from Tasman Pawleena Valleys agriculture uses. Has Highway and from both both Orielton and Orielton and Pawleena Sorell Rivulets to its Valleys. lower sides. Development must be unobtrusive by its siting, design, exterior finish and landscaping, or to be designed to have a minimal visual impact commensurate with the quality of the scenic and landscape values of the site and area

SOR-C8.1.4 Intersection of Shark The prominent Visually distinctive Avoid significant Point Road and topography and by providing a landscape change on hill Tasman Highway and native vegetation. sparsely vegetated faces and skylines Orielton Rivulet and skyline and upper western hill face of Frames the hillside and the to Locate and design Weston Hill. eastern side of the farm land in the development to blend Orielton Valley Orielton Valley. with the landscape, maintain native vegetation and not be obtrusive.

SOR-C8.1.5 East of Sorell town – Promient skyline This area provides a Development is to be Mount Elizabeth and and hillface which native vegetation consistent with the Table Hill is well vegetated background for the existing development by native views from east of patterns and character. vegetation. the Sorell Township Development must be unobtrusive by its siting, design, exterior finish and landscaping, or to be designed to have a minimal visual impact commensurate with the

Tasmanian Planning Scheme – State Planning Provisions

Reference Number Scenic Protection Area Description Scenic Value Management Objectives Name

quality of the scenic and landscape values of the site and area

SOR-C8.1.6 Iron Creek Bay to Northern side Highway is The existence of farm intersection with Sugar predominately enhanced by the irrigation will enhance Loaf Road (generally vegetated skyline higher slopes to the intensive agricultural southern side of Arthur and upper hillface north which includes character either side of Highway) except some with lower slopes vegetated areas but the highway which is to area to east of Forcett farmed. which is flanked on be encouraged. Township generally both sides by Development is to be of Coopers Hill The southern side agricultural activities a rural character and of the highway which are the first scale to complement the has an farmlands to be agricultural activities agricultural seen in the Sorell whilst maintaining the character defined municipality upon broad open spaces. by cleared travelling from paddocks further Hobart. enhanced by intensive irrigation promoting intensive agriculture.

SOR-C8.1.7 Between Shellfish Prominent hill Sparsely vegetated To avoid significant Point and Jones Bay face when viewed hillface but with landscape change when from public areas prominence due to viewed from Sorell including on viewing from land township and Arthur causeway form across Pitt Highway. entering Sorell Water. Township

SOR-C8.1.8 Carlton Bluff A headland with A prominent To avoid significant sparse coastal headland viewed landscape change when native vegetation. from Carlton, coastal viewed from Carlton. waters and Carlton River. To locate and design development to blend with the landscape, maintain native vegetation and not be visually obtrusive.

SOR-C8.1.9 Coastal area between An open Open rural grazing To avoid significant Connellys Marsh landscape of landscape and landscape change when (Dorman Point) taking prominent gentle undulations viewed from Fulham in Wykholm Poing , pasture with in topography acts Road across open rural Breaknock Bay and minimal native to direct views to pastures. Shroud Point vegetation with the adjoining waters. Agricultural

Tasmanian Planning Scheme – State Planning Provisions

Reference Number Scenic Protection Area Description Scenic Value Management Objectives Name

extensive views of uses are an integral Prince Henry Bay. part of the landscape character.

SOR-C8.1.10 Area between An open Open rural grazing To avoid significant intersection of Arthur landscape of landscape and landscape change when Highway and Bay Road pasture and rural gentle undulations viewed from public development with in topography acts roads across open rural minimal native to direct views to pastures to coastal vegetation with the adjoining waters of Marion Bay. extensive views of waters. Agricultural Blackman Bay. uses are an integral Development is to be of part of the a rural character and landscape character. scale so as to compliment the visual nature of the agricultural activities.

SOR-C8.1.11 Boomer Island Is an island The island has Avoid over development connected via an prominence and of the island but with isthmus to the distinction by virtual due reference to the mainland in of the building existing building. Use Boomer Bay. known as the sympathetic exterior Improved by a ‘castle’. The island is materials and colours in privately built sparsely vegetated keeping with the existing prominent castle. which provides a building. similar landscape treatment as that on the “mainland” which is predominately farmland.

SOR-C8.1.112 Marion Bay – Long Spit A long narrow spit Coastal dune Avoid development and comprising provide habitat for works within the Spit Coastal dunes wildlife. Provides that would impact on foreground to the the scenic values of the coastal waters. place or impact on native flora and fauna.

SOR-C8.1.13 Ragged Tier taking in The area is Agricultural uses are Maintain the rural Eagles Sugarloaf & characterised by an integral part of character and prominent Benders Hill to Marion farm land the landscape vistas to the coast Beach up to Bluff extending from character. without detracting from Beach and to the south the foothills to the scenic rural values. Marion Bay Road the coast. Farmland on gently Development must be in sloping valley is character with rural Vegetated framed by vegetated activities in scale and skylines and hill skylines and hill exterior building faces along the materials and colours.

Tasmanian Planning Scheme – State Planning Provisions

Reference Number Scenic Protection Area Description Scenic Value Management Objectives Name

face of the range that runs Discourage development northern hills north /south. along significant skylines, ridge lines and visually prominent locations where viewed from main public roads such as Marion Bay and Bay Roads.

Development on the vegetated hills must be unobtrusive by its siting, design, exterior finish and landscaping, or to be designed to have a minimal visual impact commensurate with the quality of the scenic and landscape values of the site and area

SOR-Table C8.2 Scenic Road Corridors

Reference Number Scenic Road Corridor Scenic Value Management Objectives Description

This table is not used in this Local Provisions Schedule

SOR-Table C11.1 Coastal Inundation Hazard Bands AHD Levels

Locality High Hazard Band Medium Hazard Low Hazard Band (m AHD) Defined Flood Level (m AHD) Band (m AHD) (m AHD)

Sea Level Rise 2050 1% annual 1% annual exceedance 1% annual exceedance probability 2100 (design flood exceedance probability level) with freeboard probability 2100 2050 with freeboard

Boomer Bay 0.9 2.2 2.5 2.8

Carlton 0.9 2.1 2.4 2.7

Tasmanian Planning Scheme – State Planning Provisions

Carlton River 1 2.1 2.4 2.7

Dodges Ferry 0.9 2.1 2.4 2.7

Dunalley 0.9 2.2 2.5 2.8

Forcett 0.9 2 2.3 2.6

Lewisham 0.9 2 2.3 2.6

Marion Bay 0.9 1.7 2.1 2.4

Midway Point 0.9 2 2.3 2.6

Penna 0.9 2 2.3 2.6

Primrose Sands 0.9 2.1 2.4 2.7

Sorell 0.9 2 2.3 2.6

Tasmanian Planning Scheme – State Planning Provisions

10.2 Appendix 2 – Comparison of SIPS 2015 to SPP’s Zone Conversion

The Commission under the approval of the Minister under section 8A of LUPA issued Guideline No.1 – Local Provision Schedule Comparison of State Planning Provisions and current Sorell Council Interim Planning Scheme.

While zone names in the interim planning scheme and the SPPs may be the same, zone purposes, use tables and standards in the SPP are not the same. It is necessary for a planning authority to consider the content of the SPP zone provisions and determine whether those provisions are still applicable to the land in question.

The interim planning scheme provided an objectives section. This section was not relevant to the assessment of any application but provided background and context to the scheme and for planning scheme amendments. This provision is not included in the SPP or LPS.

Definitions

A number of additional terms are defined which will assist with interpretation of provisions. Most are not particularly noteworthy.

It is considered that the definitions relating to agriculture are unnecessary complex and warrant review. Among other matters, there are definitions of Agriculture Use (which is drafted as a use class rather than use) and crop production which have significant overlap. Further, the definition of Resource Processing includes activities such as animal sale yards which involve no processing at all. These terms are used in exemptions and use tables and it is important that each term represents a distinct element of agriculture. For instance, it is exempt to lay pipes for an agricultural use but not for a crop production use, and is likely an unintended consequence of too complex definitions.

There is a definition of cinema which is the sole use definition that brings into it the concept of a financial reward. Given no other use is defined in this way it also warrants review.

Exemptions

Broadly, the exemptions are similar but they are expressed more precisely and in a more logical structure.

There is a new exemption for new vehicle crossings, clause 4.2.5. This may necessitate Council adopting a by-law and/or works permit process in lieu of more indirect planning control.

General Provisions Section

The SPP General Provisions are broadly similar to those in the current interim planning scheme, but there are some new clauses.

There is a new standard for a change of use from one use to another in the same Use Class (i.e., from a post office to a real estate agent) and exempts such changes where a number of considerations are met predominately relating to such aspects as not relying on any performance criteria.

Tasmanian Planning Scheme – State Planning Provisions

There is a new General Provision for the consideration of sheds on vacant land in the Low Density Residential, Village and Rural Living Zones without an associated dwelling. This requires that a permit be issued for such a shed if it is the only shed on the site, it is less than 54m2, room remains for a future dwelling and a number of other criteria are met.

This clause is useful to some degree but it is not self-executing and does not inform how discretion should be applied if the criteria are not met and does not apply to the General Residential Zone which is considered should also be provided in the SPP.

The SPP’s response to the removal of a number of Codes including Stormwater was by providing specific reference in clause 6.11 “Conditions and Restrictions on a Permit” including a condition for stormwater management (g) for erosion, volume and quality controls. However it is noted that interpretations of the recently amended s9 of the Building Act is seen to prevent a planning permit from including relevant conditions which is seen to be of a technical nature relating to plumbing regulations.

Drafting Style

The drafting of standards is generally different to that of the interim planning scheme – as discussed in Attachment 3

The Commission with the approval of the Minister under Section 8A of LUPA issued Guideline No. 1 – Local Provisions Schedule Zone and Code Application in May 2017 and updated in 2018.

The Guidelines outline instruction for the application of the SPP in which Section LP1.0 includes mandatory requirements. Furthermore directs that the “primary objective in applying a zone should be to achieve the zone purpose to the greater extent possible”. This is consistent with the Schedule 1 Objectives of LUPAA with provision for overriding local provisions Zone conversion from SIPS to LPS

It is considered that the Sorell LPS carries through the existing SIPS zoning as noted with the SPP zone Application Guidelines. It is considered that the changes to zone standards are generally minimal in form and it is considered that the strategic intent underpinned by the STRLUS and Councils Local Planning Strategies is in conformity with the SPP. Where there are perceived issues these are identified and discussed in the comments column. An overview of zone content that informed the LPS preparation is shown in the table below.

Tasmanian Planning Scheme – State Planning Provisions

Zone Conversion

Overview of main variations between existing Sorell Interim Planning Scheme (SIPS) and State-wide Tasmanian Planning Scheme (SPP)

(+) indicates a new element in the SPP in comparison to the SIPS

(-) indicates an element of the existing SIPS that has been removed in the SPP

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

General General General retail and hire (-) local shop No change (-) 4m rear (-) north facing window (-) internal lot Internal lots will almost Residential Residential – qualification has setback for habitable room standard always be discretionary changed to now allow due to 12m frontage a local shop (without standard. the further

qualification as not to displace residential use

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) General clause for all (-) public open Removal of the discretionary uses space design requirement for POS consideration consideration limits councils ability to consider the community benefit of provision for

public open space requirements as part of increased demand due to subdivision

(+) change to visitor (-) no standard No conversion issues. accommodation for 3 or more lots acceptable solution for gross floor area from 160m2 to 300m2.

Low Density Low Density (+) consulting room, (+) General clause for all No change Front (+) residential density for (-) public open It is anticipated that Residential Residential medical centre, & discretionary uses setback multiple dwellings of space there will be an increase similar increased 1500m2 if serviced, consideration in the number of

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

from 4.5m to 2500m2 if un serviced with (-) internal lot discretionary 8m discretion to 1200m2 and standard applications given new 2000m2 respectfully setback provisions especially considering

(-) Removed (-) noise level standard Side & rear (-) north facing window Minimum lot size existing small lot sizes in qualification “only if setback decreased from the Southern Beaches 2 day respite facility” increased 2000m to area from Educational and from 1.5m & 1500m2 (1200m2 (+) change to visitor Occasional Care - 4 under accommodation discretionary respectively performance acceptable solution for to 5m criteria) With respect to gross floor area from subdivision there is a 2 2 setbacks. 160m to 300m . significant issue (+) food services (but (-) garage width standards regarding the SPP

excludes take-away) No allowances to requirement for a have other 1500m2 minimum lot (+) local shop (-) privacy standard (note minimum sizes as size. The present SIPS new side setback) we do in current has two variations that SIPS respond to specific matters including;

 the Dunalley Structure plan recommending that a part of the Township have a higher residential density; and

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

 Connellys Marsh having a lower lot density requirement of 3,000m2 which responds to the local risk hazards including the limitations in onsite wastewater disposal.

It is intended to maintain these lot size variations through the use of a SAP.

The LPS intends to include a Connellys Marsh SAP proposing the translation of a minimum lot size of 3,000m2.

The LPS intends to include a Dunalley SAP to provide greater density at a minimum

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

lot size of 800m2 around the village and community precincts will over the long term create a more lively community, supporting local economic and social activity as recommended in the Dunalley & Environs Structure Plan 2013

Rural Living Rural Living Agriculture (limited to (-) noise level standard No change Side setback Site cover increased from Minimum lot No conversion issues. grazing) is permitted (managed by hours of decreased 375m2 to 400m2 Rural Living rather than operation) from 20m to Rural Living Area The LPS will maintain Area B discretionary 10m A – 1ha the minimum lot size of 1ha for existing Rural Environment Rural Living Area Living zoned land al Living (+) change to visitor B – 2ha excepting for the (+) General Retail & accommodation (-) 100m (-) cut and fill standard current Rural Living Area Rural Living Area Hire is introduced acceptable solution for setback to B zone which will be C – 5ha allowing only local gross floor area from EMZ translated to maintain 2 2 shop as discretionary 160m to 300m . the 10ha minimum lot Rural Living Area size i.e. to Area D. D -10ha

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) Educational and (-) light reflectance value Those properties Occasional Care – colour standard currently zoned as discretionary – no (+) Setback Is a standard 1ha Environmental Living longer limited to day to both Rural under SIPS or being translated to Rural respite facility and 10ha for Rural Living will be designated Agriculture Living B as Rural Living Area C as zones is now a direct translation to (+) food services up to (-) gross floor area of all (-) public open 200m the minimum lot size of 200m2 buildings space 6ha. consideration Note that this zone has (-) manufacturing and (-) outbuilding standard (-) internal lot been removed from the processing standard SPP.

(+) tourist operation (-) avoid native vegetation Guideline No.1 May and skylines 2017 issued by the (+) animal breeding & (-) cut and fill standard Commission suggests boarding that the Rural Living Zone D could be applied (+) food service (-) light reflectance value to land currently zoned colour standard Environmental Living however does not direct that this be done.

(+) local shop (-) outbuilding standard

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) resource processing (-) standard to avoid Comparison zone Rural native vegetation and Living (or if of (+) vehicle fuel sales skylines conservation value it and service may be Landscape Conservation Zone see

section discussing this Residential permitted – zone later in table) qualification if home

based

The Rural Living Zone does not provide a standard for vegetation removal and works / visual impacts on the skyline/ridgeline.

For areas once zoned Environmental Living this is a significant change.

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

Village Zone Village Zone (+) general non- no change side & rear (-) building design (-) public open More uses are residential use standard setback standard space permitted, rather than increased consideration discretionary. from 2m to 3m

(+) Residential is now (+) gross floor area for (-) landscaping (-) max lot size It is intended to NPR for single dwelling non-residential change deleted translate the existing (was from 200m2 to visitor front 4.5m or land zoned Village. This accommodation 300m2 with respect (+) mechanical plant is considered permitted) and all others 250m2. to existing consideration appropriate as the buildings on intention has always and been to provide a broad adjoining site range of compatible residential and commercial.

No conversion issues.

More uses are (-) noise level standard (-) internal lot permitted, rather than standard discretionary (there

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

were qualifications), (+) change to visitor including: business and accommodation professional services, acceptable solution for Tighter tests for community meeting, gross floor area from multiple dwellings food services and 160m2 to 300m2. with density set general retail & hire at same level as subdivision. Some allowance for a significant social or community benefit e.g. independent living. No standards for other elements of multiple dwellings such as privacy and overshadowing.

Local Local Business No Permit Required (+) discretionary use (-) within side setback (-) landscaping standard Higher density An increase in permitted Business status for: standard on amenity and 10m of to provision with uses and overall uses for character residential residential the minimum lot the zone. zones

increased

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) business and (+) discretionary use zone was from 3m to size reduced from No conversion issues professional services standard on activity 8.5m 4m 300m2 to 200m2 centre hierarchy

Now at (+) food services – (+) discretionary use 9m with removed qualification standard for scale of no (-) public open

which states no drive retail uses and bulky qualificatio space consideration through take away goods uses n

(+) general retail & hire – removed

qualification which had stated no sex product

shop or supermarket

Permitted status for: (-) noise level standard

(+) bulky goods sales

(+) food services

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) emergency services

(+) hotel industry

(+) visitor accommodation not on

street frontage

New discretionary uses:

(+) manufacturing & processing

(+) storage

(+) vehicle fuel sales and service

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

General General (-) no longer NPR (+) discretionary use (+) (+) front (-) landscaping standard Higher density Higher lot density Business Business allowing permitted standards on amenity increase setback to provisions with provisions which is not uses to be NPR if and not to compromise from 10m frontage or the minimum lot seen as an issue for a replacing existing uses or distort the activity to 12m to adjoining size reduced from commercial zone. (+) mechanical equipment which had no centre hierarchy properties 300m2 to 100m2 standard setback accompanying changed development. from No conversion issues existing 3m (-) noise level standard Within from all 10m of a streets No Permit Required excepting status for: General

Residential Gordon and zone no Cole

more than (+) business and 8.5m professional services

(+) food services was

discretionary

(+) general retail & hire was discretionary

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

Permitted for

Bulky Goods was discretionary

Community Meeting and Entertainment was discretionary

(+) Pleasure Boat Facility if for a boat ramp

Discretionary for

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

Service Industry no longer has a qualification

Transport Depot and Distribution now has a qualification

Visitor Accommodation if not permitted i.e. camping and caravan park and ground level

Light Light Industrial Permitted status for: (+) specific discretionary Height Front (-) building design Frontage for a lot Light Industrial Zoned Industrial Zone use standard increase setback standard reduced from land in Sorell is limited Zone to 10m reduced 25m to 20m and this lack of from 9m from 10m to industrial zoned land 5.5m has been identified in the recent Sorell Land (+) emergency services (-) noise level standard (-) light reflectance (-) road design Supply Strategy 2017. It standard standard has been set as a

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) port and shipping – Within Setback to priority to identify and and removed 10m of a residential zone additional light qualification except if General zones (-) public open industrial zoned land in wharf Residentia decreased space the vicinity of the Sorell

l zone not from 10m to consideration Township. be no 5.5m

more than (+) research and 8.5m in development No conversion issues height

(+) transport depot &

distribution

(+) vehicle fuel sales & service

New discretionary uses for:

(+) community meeting & entertainment

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) crematoria and cemeteries

(+) domestic animal breeding & boarding

Rural Rural Zone Permitted status for Height Front (-) cut and fill standard Discretion to A significant reduction Resource increased setback consider lots less in building setback Zone to 12m reduced than 40ha if standard requirements from 10m from 20m to required for rural to roads and boundaries Note: this is (or 8.5m 5m use for non-sensitive uses. primarily a zone for This may result in where residential potential negative visual 'agricultural use ) impacts especially along is limited or (+) veterinary centre, (+) discretionary use Side and rural streetscapes. marginal'. agribusiness office standard that use rear setback requires rural location reduced for operation reasons from 50m to 5m Discretionary uses must This zone allows demonstrate: for a greater range of uses that location is that are not (+) domestic animal Buildings for (-) light reflectance value (-) boundary ‘required’ (except

necessarily breeding & boarding sensitive use reorganisation residential) – being a must be standard but you greater test adjoining separated can still have a

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

related to from boundary uses are not restrained agriculture. Agriculture adjustment from operating zone by minimisation of 200m (or by conversion of

an existing agricultural land The State’s building of a position is that sensitive location in a rural area is this zone is for use) appropriate (except rural resources residential) that are not agriculture (lists forestry, (+) emergency services (+) discretionary use (-) 100m (-) plantation forestry extractive standard addressing setback to standard SPP Zone purpose now industries and scale of use and EMZ requires that the aquaculture) infrastructure capacity proposed use ‘requires’ a rural location for (+) extractive industry (-) standard to avoid (+) excise existing operational reasons. native vegetation and dwellings & skylines visitor accommodation. Zone mapping guided by However the State Agricultural (+) food services (+) new standard balance lot, if no Mapping Project.

associated with requiring dwellings to dwelling exists, agricultural use have frontage with access must enter into a to a road maintained by a part 5 agreement road authority or have prohibiting right of way frontage - development of a dwelling. Will

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

prohibits dwellings relying prevent repeated on Crown reserved roads excision and development for residential

purposes.

(+) general retail & hire (-) sensitive use standard (-) subdivision

if associated with based on historic

agricultural use heritage places

(+) manufacturing & (+) discretionary use processing ass. with standard addressing extraction industry protection of agricultural land including adjoining (+) research & farm land

development for

agricultural use

(+) resource processing (+) discretionary use (+) storage standard addressing adjoining uses

Discretion. status for:

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) business & professional services

(+) bulky goods with qualifications

(+) community meeting & entertainment – removed qualification

(+) food services – any

(+) general retail & hire – any

(+) manufacturing & processing – any

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) sports and recreation

(+) storage

(+) visitor accommodation

Significant Agriculture Permitted status for (+) discretionary use Height Front (+) new standard requiring Subdivision was A significant reduction Agricultural standard addressing increase to setback dwellings to have right of restricted to in building setback to protection of agricultural 12m from reduced way frontage - prohibits public use (no roads and boundaries land 10m from 20m to dwellings relying on subdivision of with respect to standard The zone is (+) food services 5m Crown reserved roads as it private land) to requirements for those designed to associated with does not include Crown no minimum lot uses that are agricultural primarily agricultural use access licence. size if furthers whilst increasing the protect the land (+) discretionary use (with no purpose of zone setbacks for sensitive for agricultural standard ensuring use longer a i.e. protects the uses (see under use. requires rural location residential long term setback). for operation / security limit of The State’s productive reasons 8.5m) position is that capacity of this zone is agricultural land prioritised for agriculture, with

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

less range of May have negative permitted uses. impacts on rural streetscapes. (+) general retail & hire All setbacks Agriculture if associated with are in fact agricultural use 5m –

Existing Side Zone mapping guided by State Agricultural Note: this is setback for largely a new non- Mapping Project. zone for all sensitive use Variations to the States agricultural use. reduced mapping have been

The zone is from 100m undertaken in consultation with AKC, designed to to 5m primarily agricultural consultants, protect the land see elsewhere in this for agricultural report. (+) Pleasure Boat (-) sensitive use standard All setbacks (-) cut and fill standard (+) new provision use. Facility – qualification for sensitive to excise existing The State’s boat ramp use uses

position is that increased

this zone is from 100m to 200m to prioritised for Discretionary status (+) discretionary use (-) light reflectance value agricultural agriculture, with for: standards for both colour standard zones i.e. less range of residential and non- agriculture permitted ues. residential use - more and rural restrictive Environmental Management

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

Residential use must be required as part of an The application of agricultural use, be this zone is located on land that is effectively the same as the not capable of Interim Scheme in supporting an that it mainly agricultural use and does reflects public not restrain agriculture land reserved or on adjoining properties. set aside principally for conservation purposes.

However may include private land in particular (+) bulky goods sales (+) discretionary use (-) plantation forestry (-) subdivision of

circumstances with qualification standards for both standard heritage places that are residential and non- consistent with residential use - more the zoning of restrictive public lands. (+) animal breeding & (+) if a balance boarding lot is created there must be a Residential use must be part 5 placed on required as part of an the new lot which (+) food services – now agricultural use, be is an agreement no qualification located on land that is prohibiting the

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) general retail & hire not capable of (-) standard to avoid development of a - now no supporting an native vegetation and dwelling. agricultural use and does skylines qualification not restrain agriculture

on adjoining properties. (+) manufacturing & (-) 100m Will prevent the

processing ass. with setback to repeated excision extraction – for EMZ and development

manufacturing of dwellings as agricultural equipment these will be

prohibited on any balance lot due to

the part 5 (+) storage – includes (+) discretionary use agreement. qualification standard replaces the

use standard for only

reserved land (+) tourist operation now no qualification

(+) transport depot & distribution includes qualification

(+) education

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) visitor accommodation – no qualification

The following uses are some of the uses that were only classified as permitted in the SIPS if provided for by a reserve management plan are now discretionary without qualifications.

Environmental Environmental General retail & hire 6m, 10m, (+) vegetation Minimal change No conversion issue Management Management reduced reduced management standard Food services from 7.5m from 30m Zone Educational & occasional Use standards for: Minimal change The application of care this zone is Community meeting and All setbacks effectively the NPR entertainment, food now 200m same as the The use table adopts services and general from rural Interim Scheme in the same approach to retail and hire uses and that it mainly avoid duplication of the reflects public assessment process in land reserved or

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

set aside agriculture that an approval principally for zones through the State’s own conservation reserve assessment purposes. process meets the standards of the SPP. No longer setback However may include private from land in particular Environment circumstances al Living that are zone consistent with

the zoning of public lands.

New Zone

Provides for a lesser number of permitted uses will almost all being discretionary.

Landscape N/A passive recreation, Use standards for: 6m Front (+)standard requiring Minimum lot size An alternative zone that Conservation natural & cultural setback of dwellings to have right of of 50ha with may be used for those values management Community meeting and 10m way frontage - prohibits discretion to 20ha properties currently entertainment, food

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

Zone New Zone services and general dwellings relying on zoned Environmental retail and hire uses Crown reserved roads Living zone but with more emphasis on All discretionary uses environmental values Provides for a Permitted uses are, lesser number of permitted uses will almost minor utilities and all being additions to dwellings discretionary.

Utilities Zone Discretionary uses are:

community meeting & Visitor accommodation Side & rear (+) Light reflectance value

entertainment setback of

20m

Domestic animal (+) Site coverage of 400m2 breeding & boarding

All setbacks for sensitive

use 200m to

agriculture or rural

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

zones (or existing)

Emergency services (+) Design standard for avoid native vegetation and skylines. Landscape values. Food services up to 2 200m

General retail & hire if

associated with tourist

operation

Minimal changes

Residential if Single dwelling

(-) noise standards

Resource development with qualification Introduces amenity impacts within 50m of General and Low Density

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

Sports and Recreation Residential zones and if Outdoor recreation Rural Living including area hours of operation, external lighting and commercial vehicle movements. Tourist operation

Visitor accommodation

Minimal changes

(-) service industry

(+) transport depot now permitted

A number of uses have been removed from consideration

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

Particular Future Urban Has moved passive Building Minimal Minimal changes Minimal changes No conversion issues Purpose Zone recreation from a height must changes Zone 1– discretionary use to be no more Urban NPR than 8.5m (+) mechanical plant Minimal change Growth Zone boundary setback

Permitted: Recommended and Minor Utilities intended for land strategically identified Residential (single for future residential dwelling, home based growth in the Sorell business) Resource Council’s Development (agriculture) “Sorell Land Supply Strategy 2017”

Particular Utilities Code as per PPZ 2 as per PPZ 2 (+) height of (+) 5m Development standards (+) introduces an It is intended to Purpose 2 – 8.5 from all for building and works for acceptable translate the existing Future Road boundaries a dwelling requirement solution allowing PPZ to maintain the Corridor lots to be created protection for the intended use in the

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) reduced from a lot size of for a public future and will adopt sensitive 2000m2 to 1000m2 reason the necessary format in uses to be the SPP rather than 200m from inclusion in Utilities both Code. There is more (+) performance agriculture certainty and protection criteria allows and rural for the intended use as a excision of an zones future road corridor. existing dwelling but needs to consider future subdivision design Approved by Minister for translation.

Community Community Minimal changes Minimal changes as per PPZ 2 as per PPZ as per PPZ 2 as per PPZ 2 No conversion issues Purpose Purpose Zone 2 Zone (+) Business and Retail (+) introduction of expanded to include specific use standards medical centre as permitted use

Introduces amenity impacts within 50m of General and Low Density Residential zones

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

including hours of operation, external lighting and commercial vehicle movements.

(-) noise standards

Community Community Minimal changes Minimal changes No Front (-) passive surveillance New minimum lot No conversion issues Purpose Purpose Zone reference to setback standard size of 600m2 (no Zone nearby minor minimum Recreation Zone residential change previously) (+) Business and Retail (+) introduction of Minimal changes Recreation zones from 4.5m expanded to include specific use standards (-) design standards Zone to 5m as medical centre as minimum permitted use (-) landscaping standard (-) public open setback space (+) Visitor Introduces amenity consideration accommodation for impacts within 50m of camping ground or General and Low Density caravan park only Residential zones including hours of operation, external lighting and commercial vehicle movements.

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(-) noise standards

(-) noise standard

(+) major sporting facility use standard

Introduces amenity impacts within 50m of General and Low Density Residential zones including hours of operation, external lighting and commercial vehicle movements.

Recreation Recreation Zone (+) motor racing facility (-) noise standard Minimal Setback to (-) landscaping standard (-) public open No conversion issues Zone as discretionary changes frontage space increased consideration

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

(+) new use of 'major (+) major sporting facility from 3m Minimal changes sporting facility' under use standard to 5m Sport and Recreation as permitted but with

use standards Introduces amenity impacts within 50m of General and Low Density Residential zones including hours of operation, external lighting and commercial vehicle movements.

Minimal changes

Introduces amenity impacts within 50m of General and Low Density Residential zones including hours of operation and external lighting

Tasmanian Planning Scheme – State Planning Provisions

Existing SIPS SPP Equivalent Use Table Use Standard Height Setback Other development Subdivision Comments Zone standards

Open Space Open Space (+) cemetery as Zone Zone discretionary use

(+) resource Height (-) landscaping standard Minimal changes No conversion issues development increased dependent on a coastal from 6.5m location to 10m (-) noise standard Minimal changes

(+) tourist operation

(+) transport depot associated with ferries, water taxis

(-) domestic animal keeping, boarding and training

Tasmanian Planning Scheme – State Planning Provisions

Code in the existing SIPS Code in the SPP Comments

Signs Code Remains No conversion issue.

Parking and Sustainable Transport Code Remains No conversion issue.

Road and Assets Code Remains No conversion issue.

Electricity Transmission Infrastructure Remains No conversion issue. Protection Code

Telecommunications Code Remains No conversion issue.

Local Historic Heritage Code Remains The existing local historic heritage listed properties in the SIPS will be translated over to the SPP in the LSP. No state listed heritage properties (under the Tasmanian Heritage Register) will be listed.

No conversion issue.

Tasmanian Planning Scheme – State Planning Provisions

Includes the following from SIPS Natural Assets Code This Code will now deal with;

Waterways Code “priority vegetation” area and associated overlay map

Biodiversity Code Coastal Refugia (reintroduced) area and associated overlay map

Waterways and Coastal Protection area and associated overlay map

In the absence of State mapping Councils have engaged consultants to provide priority vegetation mapping which is included in the LPS. Mapping has been provided by the State with respect to the second and third dot points. Coastal refugia mapping has been assessed in accordance the Ministers Guidelines and including in this LPS.

No conversion issue.

Scenic Protection Code Scenic Landscapes Code Translate over the existing overlay map but will now include management objectives and landscape values as required under the SPP.

No conversion issue.

Attenuation Code Remains There are attenuation maps in the SIPS but this LPS will rely on the attenuation table as Council will assess and develop a non-statutory map overlay to assist with the assessment of application for use and development so as to progress to verified maps to include in the SPP.

Mapping will not be converted.

Coastal Erosion Hazard Code Remains Mapping provided by the State.

No conversion issue.

Tasmanian Planning Scheme – State Planning Provisions

Coastal Inundation Hazard Code Remains Mapping provided by the State.

No conversion issue.

Flood-Prone Hazard Areas Code Inundation Prone Area Code Includes translation of the flood mapping for Sorell Rivulet in the SIPS 2015 and will now include 1 in 100% flood mapping for the Southern Beaches area.

Additional local mapping included.

Bushfire – Prone Areas Code Remains Now including hazard mapping of bushfire prone areas provided by Tasmania Fire Service

Additional mapping included.

Potentially Contaminated Land Code Remains Rely on use listed in the Use Class in Table C14.1 as Council is in the process of developing a data base and corresponding non-statutory map overlay to assist with compliance with this Code so as to progress to verified maps to include in the SPP.

Landslip Hazard Code Remains Mapping provided by the State.

No conversion issue.

Tasmanian Planning Scheme – State Planning Provisions

Safeguarding of Airports Code New Code New Code and associated mapping which includes;

Airport noise exposure area;

Airport obstacle limitation area

Mapping based on information contained in Airport Master Plan or adopted by relevant airport owner or operator.

Applicable to areas in Sorell and Midway Point Township which are in the flight paths of the airport.

Additional mapping included.

Stormwater Management Code Removed from SPP

Wind and Solar Energy Code Removed from SPP

Onsite Wastewater Management Code Removed from SPP

Dispersive Code Removed from SPP

Acid Sulphate Code Removed from SPP

Biodiversity Code Removed from SPP Now incorporated in Natural Assets Code

Tasmanian Planning Scheme – State Planning Provisions

10.3 Appendix 3 – Regional Ecosystem Model - Summary of the Regional Ecosystem Model of Tasmanian biodiversity including Example of Priority Vegetation Area Planning Report

10.4 Appendix 4 – Bushfire Prone Areas TasFire Supporting Report

10.5 Appendix 5 – Mapping of the Agriculture and Rural Zones including Guidelines and Decision Tree, Guidelines for identifying areas of interest and Agriculture Mapping Comments from AK Consulting

10.6 Appendix 6 – Sorell Council Strategic Report

10.7 Appendix 7 – Dunalley & Environs Structure Plan 2013

10.8 Appendix 8 – Sorell Land Supply Strategy 2017 - Stage 1 and 3 Reports