Department of State Growth 4 Salamanca Place, Hobart TAS 7000 GPO Box 536, Hobart TAS 7001 Australia Ph 1800 030 688 Fax (03) 6233 5800 Email [email protected] Web www.stategrowth.tas.gov.au Mr Rolph Vos General Manager West Tamar Council PO Box 16 RIVERSIDE TAS 7250 By email: [email protected]; [email protected] Tasmanian Planning Scheme – draft West Tamar Local Provisions Schedule Dear Mr Vos Thank you for your invitation to comment on the draft West Tamar Council Local Provisions Schedule (LPS). The Department of State Growth (State Growth) has reviewed the draft LPS, supporting mapping and overlay information and believes it largely reflects a sound translation from the West Tamar Interim Planning Scheme 2013 in accordance with the Tasmanian Planning Commission’s Guideline No. 1 Local Provisions Schedule (LPS): zone and code application. A detailed review has however highlighted a small number of issues that will require rectification or further discussion with Council officers and the Tasmanian Planning Commission. I have outlined each of the issues in the attached document for your consideration. Please do not hesitate to contact Patrick Carroll, Principal Land Use Planning Analyst at [email protected] or on 03 6166 4472 who can arrange for relevant officers to respond to the matters raised in this submission. Yours sincerely Martin Blake CEO Infrastructure Tasmania 30 April 2021 Attachment 1 – State Growth Comments Attachment 1. State Growth comments - draft West Tamar Local Provisions Schedule State Road Network Zoning of the State Road Network UZ 1 of Guideline No. 1 – Local Provisions Schedule (LPS): zone and code application (the ‘Guidelines’)1 states: The Utilities Zone should be applied to land that is used, or intended to be used, for major utilities infrastructure, including: (a) category 1, 2, 3, 4 and 5 roads as defined in the Tasmanian State Road Hierarchy published by the Tasmanian Department of State Growth; (b) any listed major local roads; (c) future road corridors for major local and all State roads; (d) energy production facilities, such as power stations, and major electricity substation facilities; (e) waste water treatment plants; or (f) rail corridors. Consistent with UZ 1, all State Roads should be zoned Utilities and based on the State Road Casement layer published on the LIST. This layer was developed to assist Councils in drafting their LPSs, with the intent to clearly identify land forming part of the State road network for inclusion within the Utilities Zone. State Growth can advise that it is satisfied with Council’s application of the State Road Casement. State Roads support Council’s application of the Road and Railway Code provisions, rather than relying on overlay mapping. This will also ensure consistency with other approved LPSs (Brighton, Meander Valley, Burnie and Devonport). West Tamar Highway near Craythorne Road CT 151920/3 is Crown Land, specifically Acquired Road. This parcel is highlighted in Figure 1, below. The land is currently zoned as Rural Resource under the Interim Scheme, and is proposed to be zoned Agriculture under the draft LPS. State Growth advises that this parcel forms part of the State Road network. At a minimum, to provide adequate sight distance to the West Tamar Highway/Craythorne Road intersection, State Growth requests that the land to the south of the yellow line in Figure 1 be zoned Utilities. 1 Tasmanian Planning Commission (2018) Guideline No. 1 – Local Provisions Schedule (LPS): zone and code application. Version 2.0. https://www.planning.tas.gov.au/__data/assets/pdf_file/0006/583854/Section-8A-Guideline-No.-1-Local-Provisions-Schedule-LPS- zone-and-code-application-version-2.pdf Page 2 of 8 Figure 1. CT 151920/3 is highlighted in blue. The yellow line demonstrates sight distance from the West Tamar Highway to the Craythorne Road intersection. Natural Assets Code There are several instances where the Natural Assets Code overlay maps Future Coastal Refugia Areas over the existing carriageway of the State Road Network. As per Table NAC 1 of the Guidelines, the Utilities Zone is a case-by-case zone. NAC 6 of the Guidelines relevantly states: The future coastal refugia area overlay should be derived from the guidance map, with the following considerations: (a) … (b) … (c) the future coastal refugia area overlay may be applied to land that is currently within a case-by- case consideration zone if: (i) the application of the future coastal refugia area overlay is compatible with the purpose of the zone; or (ii) the application of the future coastal refugia area overlay will not significantly impact on the existing development on the land. (d) … Consistent with NAC 6 (c) of the Guidelines, it is requested that - unless sufficient justification can be provided to the Tasmanian Planning Commission - the Natural Assets Code Overlay Maps be reviewed to ensure that Future Coastal Refugia Areas do not overlap with any State Roads, which are to be zoned Utilities. This is because the application of such an overlay to the State Road Network has the potential to constrain future use and development of major infrastructure. There are also several instances where the Natural Assets Code overlay maps Priority Vegetation Areas over the existing carriageway of the State Road Network. It is recommended that the draft Natural Assets Code overlay maps are removed from the State Road parcels. Page 3 of 8 Passenger Transport A new Specific Area Plan (SAP) has been introduced for the Low Density Residential Zone for the areas in Beaconsfield, Beauty Point, Blackwall, Rosevears, Deviot, Exeter, Gravelly Beach, Grindelwald, Legana (north and south), Riverside and Swan Point. The SAP aims to retain the existing settlement structure and it is unlikely that the density of development will significantly increase, due to limitations in providing on-site wastewater treatment for those properties. There are no immediate negative consequences to the provision of passenger transport if this SAP were to be introduced. Overall, the draft LPS appears to be largely a direct translation of the existing Interim Planning Scheme, with some minor exceptions, and there are no obvious increases in densities or changes to zoning that would affect the provision of passenger transport. Port and Marine There are a number of properties proposed to be zoned Ports and Marine: • Garden Island, 171, 173 & 175 Bevic Road, Clarence Point, owned by the Tasmanian Ports Corporation Pty Ltd. • Inspection Head Wharf, 200 Flinders Street, Beauty Point is owned by the Tasmanian Ports Corporation Pty Ltd. • 112 Flinders Street, Beauty Point, owned by the Australian Maritime College. • Wharf Road, Beauty Point, which is Crown Land. The proposed zoning under the LPS is a direct translation of the existing Interim Scheme zoning. State Growth supports the proposed zoning of these properties. Forestry The draft LPS has applied the Agriculture Zone to a number of Private Timber Reserves (PTR) across the municipality that are currently zoned Rural Resource under the Interim Scheme. Section 20.1 of the State Planning Provisions (SPPs) provides for the Zone Purpose for the Rural Zone: The purpose of the Rural Zone is: 20.1.1 To provide for a range of use or development in a rural location: (a) where agricultural use is limited or marginal due to topographical, environmental or other site or regional characteristics; (b) that requires a rural location for operational reasons; (c) is compatible with agricultural use if occurring on agricultural land; Page 4 of 8 (d) minimises adverse impacts on surrounding uses. 20.1.2 To minimise conversion of agricultural land for non-agricultural use. 20.1.3 To ensure that use or development is of a scale and intensity that is appropriate for a rural location and does not compromise the function of surrounding settlements. Section 21.1 of the SPPs provides for the Zone Purpose of the Agriculture Zone: The purpose of the Agriculture Zone is: 21.1.1 To provide for the use or development of land for agricultural use. 21.1.2 To protect land for the use or development of agricultural use by minimising: (a) conflict with or interference from non-agricultural uses; (b) non-agricultural use or development that precludes the return of the land to agricultural use; and (c) use of land for non-agricultural use in irrigation districts. 21.1.3 To provide for use or development that supports the use of the land for agricultural use. AZ 6 of the Guidelines relevantly states: Land identified in the ‘Land Potentially Suitable for Agriculture Zone’ layer may be considered for alternate zoning if: (a) … (b) for the identification and protection of a strategically important naturally occurring resource which requires an alternate zoning; (c) … (d) for the identification, provision or protection of strategically important uses that require an alternate zone; or (e) … Further, RZ 1 of the Guidelines states: The Rural Zone should be applied to land in non-urban areas with limited or no potential for agriculture as a consequence of topographical, environmental or other characteristics of the area, and which is not more appropriately included within the Landscape Conservation Zone or Environmental Management Zone for the protection of specific values. RZ 3 of the Guidelines relevantly states: The Rural Zone may be applied to land identified in the ‘Land Potentially Suitable for Agriculture Zone’ layer, if: (a) … (b) … Page 5 of 8 (c) the land is identified for the protection