345 MAIN ROAD, GLENORCHY - Tasmanian ...

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345 MAIN ROAD, GLENORCHY - Tasmanian ...
345 MAIN ROAD, GLENORCHY
345 MAIN ROAD, GLENORCHY - Tasmanian ...
345 MAIN ROAD, GLENORCHY

                Planning Scheme Amendment Request
                Glenorchy Interim Planning Scheme 2015

Last Updated – 28 June 2021
Author - Kim Nguyen
Reviewed by Jacqui Blowfield
This report is subject to copyright the owner of which is Planning Tas Pty Ltd, trading as Ireneinc and Smith Street
Studio. All unauthorised copying or reproduction of this report or any part of it is forbidden by law and is subject to
civil and criminal penalties as set out in the Copyright Act 1968. All requests for permission to reproduce this report or
its contents must be directed to Irene Duckett.

 TASMANIA
 49 Tasma Street, North Hobart TAS 7000
 Tel 03 6234 9281
 Fax 03 6231 4727
 Mob 0418 346 283
 Email planning@ireneinc.com.au

ireneinc PLANNING & URBAN DESIGN
345 MAIN ROAD, GLENORCHY - Tasmanian ...
CONTENTS

CONTENTS                                                                                                 3
1. INTRODUCTION                                                                                          5
1.1   THE PROPOSAL                                                                                        5
1.2   SITE DESCRIPTION                                                                                    5
2. CURRENT PLANNING SCHEME PROVISIONS                                                                    8
2.1 ZONES                                                                                                 8
2.2 RELEVANT USES                                                                                         9
2.2.1 Current Use                                                                                         9
2.2.2 Use Comparison between the Utilities and Central Business Zones                                    11
2.3 OTHER RELEVANT PROVISIONS                                                                            12
2.3.1 Waterway and Coastal Protection Code                                                               13
2.3.2 Road and Railway Assets & Parking and Access Codes                                                 14
2.3.3 Stormwater Management Code                                                                         14
2.3.4 Glenorchy Activity Centre Urban Design Specific Area Plan                                          14
3. STRATEGIC ANALYSIS                                                                                    16
3.1 PARKING SYSTEM                                                                                       16
3.2 UTILITIES AND INFRASTRUCTURE SYSTEM                                                                  16
3.3 SERVICES PROXIMITY                                                                                   17
3.4 GREATER GLENORCHY PLAN                                                                               18
3.4.1 Strategic framework                                                                                18
3.4.2 Precinct Plan – Glenorchy CBD                                                                      19
3.5 SOUTHERN TASMANIAN REGIONAL LAND USE STRATEGY                                                        19
3.5.1 Managing Risks and Hazards                                                                         19
3.5.2 Physical Infrastructure                                                                            20
3.5.3 Activity Centres                                                                                   21
3.6 TASMANIAN PLANNING SCHEME – LOCAL PROVISIONS SCHEDULE                                                23
4. AMENDMENT FORMAT                                                                                      24
4.1   INTENT OF THE PROPOSED AMENDMENT                                                                   24
4.2   SPECIFIC AMENDMENT                                                                                 24
5. ASSESSMENT UNDER LUPAA                                                                                26
5.1 LAND USE CONFLICTS                                                                                   26
5.2 REQUIREMENTS OF SECTION 30O                                                                          27
5.3 REGIONAL IMPACT                                                                                      27
5.4 SCHEDULE 1 OBJECTIVES OF LUPAA                                                                       28
5.4.1 Part 1 – Objectives of the Resource Management and Planning System of Tasmania                     28
5.4.2 Part 2 – Objectives of the Planning Process Established by this Act                                28
5.5 STATE POLICIES                                                                                       29
5.5.1 The State Coastal Policy 1996                                                                      29
5.5.2 The State Policy on Water Quality Management 1997                                                  30
5.5.3 The State Policy on the Protection of Agricultural Land 2009                                       30

ireneinc PLANNING & URBAN DESIGN                                              345 Main Road, Glenorchy        3
345 MAIN ROAD, GLENORCHY - Tasmanian ...
5.5.4   National Environment Protection Measures (NEPMs)                              30
ATTACHMENT A – TITLE                                                                  31

ireneinc PLANNING & URBAN DESIGN                           345 Main Road, Glenorchy        4
345 MAIN ROAD, GLENORCHY - Tasmanian ...
1.     INTRODUCTION
       This report forms part of a request for an amendment to the Glenorchy Interim Planning Scheme
       2015 (the Scheme), under Section 3 of Schedule 6 - Savings and Transitional Provisions of the
       current Land Use Planning and Approval Act 1993 (LUPAA), which requires Parts 2A and 3 of the
       former LUPAA to be considered until the day on which the LPS comes into effect to a municipal
       area.

       The amendment proposed is a rezoning of land at 345 Main Road, Glenorchy and is owned by
       Glenorchy City Council. The Council has previously determined that the land is surplus to
       requirements.

       The application is accompanied by the following documentation:
           •   Property Title (Attachment A)

1.1    THE PROPOSAL
       The proposal seeks rezoning of the subject land to provide for future use and development
       consistent with the urban central business on adjoining land.

1.2    SITE DESCRIPTION
       The site is located at the intersection of Main Road, Elwick Road and King George V Avenue. It has
       a total area of 1180m2 and is comprised of three certificate titles of CT 77918/2, CT64613/7 and
       CT 64613/9. The site location and surrounds are further described in the following figure:

       Figure 1. Site location with topographic plan and cadastre (The LIST 2021)

ireneinc PLANNING & URBAN DESIGN                                                    345 Main Road, Glenorchy   5
345 MAIN ROAD, GLENORCHY - Tasmanian ...
Figure 2. The site with aerial imagery, cadastre and titles (The LIST 2021)
       As described in the aerial image above the site does not involve an existing building. It is currently
       being used as a car park which provides for 28 leasehold car parking spaces for Highgrove
       Bathrooms on the adjoining land.

       An existing vehicle crossing point (crossover) from Main Road and two crossing points from King
       George V Avenue; however, the Main Road crossing point and one of the King George V Avenue
       crossing points are being blocked at present. Vehicle access from and to the site is via the crossing
       point located in the north west of the land. The site is serviced with water and sewer utilities.
       Some native trees are observed along the eastern boundaries of the site, but there is no significant
       tree listed.
       The adjacent land to the west, and the land on the southern side of Main Road which is opposite
       to the subject land are developments for business purposes. The site is also in close proximity to
       commercial and inner residential developments to the east and south east. Within 35m to the
       north is the King George V (KGV) Sports Ground.
       The following figure describes the site in further detail:

ireneinc PLANNING & URBAN DESIGN                                                     345 Main Road, Glenorchy   6
345 MAIN ROAD, GLENORCHY - Tasmanian ...
Figure 3. View of the site (Google Maps 2019)

ireneinc PLANNING & URBAN DESIGN                       345 Main Road, Glenorchy   7
345 MAIN ROAD, GLENORCHY - Tasmanian ...
2.     CURRENT PLANNING SCHEME PROVISIONS
       The subject land is within the area of the Glenorchy Interim Planning Scheme 2015 (the Scheme),
       the following provides the provisions of the Scheme relevant to the site and use and development
       proposed for the land.

2.1    ZONES

       Figure 4. Zone plan with zones and cadastre (The LIST 2021)
       As described above the subject land is within the Utilities Zone (yellow).

       Adjacent to the subject land to the west is the Central Business Zone (dark blue), and adjacent to
       the land to the north, south and east is the Utilities Zone. In the wider area there is Commercial
       Zone (violet) to the east, Inner Residential Zone (maroon) to the north east, Recreation (green) to
       the north and Central Business to the south.
       The Zone Purpose Statements for the Utilities Zone are as follows:

             28.1.1.1 To provide land for major utilities installations and corridors.

             28.1.1.2 To provide for other compatible uses where they do not adversely impact on the
                      utility.
       The Zone Purpose Statements for the Central Business Zone are as follows:

ireneinc PLANNING & URBAN DESIGN                                                    345 Main Road, Glenorchy   8
345 MAIN ROAD, GLENORCHY - Tasmanian ...
22.1.1.1 To provide for business, civic and cultural, community, food, hotel, professional,
                       retail and tourist functions within a major centre serving the region or sub-region.
              22.1.1.2 To maintain and strengthen the principal activity centre providing for a wide
                       range of services and facilities to serve the surrounding subregion, with a strong
                       focus on the retail and commercial sector.

              22.1.1.3 To facilitate high density residential development and visitor accommodation
                       within the activity centre above ground level and surrounding the core
                       commercial activity centre.

              22.1.1.4 To ensure development is highly accessible by public transport, walking and
                       cycling.
              22.1.1.5 To maintain and strengthen Hobart’s Central Business District and immediate
                       surrounds including, the waterfront, as the primary activity centre for Tasmania,
                       the Southern Region and the Greater Hobart metropolitan area with a
                       comprehensive range of and highest order of retail, commercial, administrative,
                       community, cultural, employment areas and nodes, and entertainment activities
                       provided.

              22.1.1.6 To provide a safe, comfortable and pleasant environment for workers, residents
                       and visitors through the provision of high quality urban spaces and urban design.

              22.1.1.7 To facilitate high density residential development and visitor accommodation
                       within the activity centre above ground floor level and surrounding the core
                       commercial activity centre.

        There are no Local Area Objectives or Desired Future Character Statements relevant for either
        zone.

2.2     RELEVANT USES

2.2.1   Current Use
        The site is being used for vehicle parking. The definition of vehicle parking use in the Glenorchy
        Interim Planning Scheme 2015 is as follows:
         Vehicle parking         use of land for the parking of motor vehicles. Examples include single
                                 and multi-storey car parks.

        The sealed car park of approximately 1400m2 at the subject land is not for public use but is
        currently leased to Highgrove Bathrooms business on the adjoining lot (CT 64613/8). It is for the
        exclusive use of and provides support for the business use of Highgrove Bathrooms at present. The
        site does not involve any other services or utility infrastructure that may provide benefits to the
        public community. Therefore, it is not anticipated that there would be any need for the subject
        land to be quarantined from surrounding central business and commercial developments to be
        zoned as Utilities.

        As per the Council meeting minutes in April 2020, this car park has been historically leased to the
        tenants of the adjoining lot (CT 64613/8). However, because the tenants require fewer spaces and
        there are many free public parking spaces nearby, the car park is generally underutilised.

        Historical Google images of the subject site from November 2007 to November 2019 (Figures 5-8
        below) show that there were often many unoccupied spaces in the car park.

ireneinc PLANNING & URBAN DESIGN                                                   345 Main Road, Glenorchy   9
345 MAIN ROAD, GLENORCHY - Tasmanian ...
Figure 5. View of the site in November 2007 (Google Maps 2007)

       Figure 6. View of the site in March 2010 (Google Maps 2010)

       Figure 7. View of the site in October 2018 (Google Maps 2018)

ireneinc PLANNING & URBAN DESIGN                                        345 Main Road, Glenorchy   10
Figure 8. View of the site in November 2019 (Google Maps 2019)

2.2.2   Use Comparison between the Utilities and Central Business Zones
        As a comparison the following table identifies the use status for various uses within the Utilities
        and Central Business Zones.
         USE CLASS                                UTILITIES                          CENTRAL BUSINESS
         Any permitted use        Not applicable                            No Permit Required - Only if replacing
                                                                            an existing use on the site and there is
                                                                            no associated development requiring a
                                                                            permit
         Bulky good sales         Discretionary – Only if at a refuse       Discretionary
                                  disposal site or waste transfer station
         Business and             Prohibited                                Permitted
         professional services
         Community meeting        Prohibited                                Permitted
         and entertainment
         Custodial facility       Prohibited                                Discretionary – Only if a remand centre
         Educational and          Prohibited                                Permitted – Only if an employment
         occasional care                                                    training centre
                                                                            Discretionary – Except if permitted
         Emergency services       Discretionary                             Discretionary
         Equipment and            Prohibited                                Discretionary
         machinery sales and
         hire
         Extractive industry      Discretionary – Only for landfill gas     Prohibited
                                  extraction
         Food services            Prohibited                                Permitted – Except if a take away food
                                                                            premises with a drive through facility
                                                                            Discretionary – Except if permitted
         General retail and       Prohibited                                Permitted – Except if adult sex product
         hire                                                               shop or supermarket
                                                                            Discretionary – Except if permitted
         Hospital services        Prohibited                                Discretionary
         Hotel industry           Prohibited                                Discretionary
         Natural and cultural     No Permit Required                        Discretionary
         values management

ireneinc PLANNING & URBAN DESIGN                                                            345 Main Road, Glenorchy   11
Passive recreation       Discretionary                             Permitted
        Recycling and waste      Permitted – Only if existing facility     Prohibited
        disposal                 Discretionary – Except if Permitted
        Research and             Discretionary                             Permitted
        development
        Residential              Prohibited                                No Permit Required – Only if home-
                                                                           based business
                                                                           Permitted – Except if No Permit
                                                                           Required. Only if above ground floor
                                                                           level (except for access)
                                                                           Discretionary – Except if No Permit
                                                                           Required or Permitted.
        Service industry         Discretionary                             Discretionary – Only if an extension to
                                                                           an existing use
        Sports and recreation    Discretionary                             Discretionary
        Storage                  Discretionary – Only if associated with   Prohibited
                                 a utility
        Tourist operation        Discretionary – Only if         visitor   Discretionary
                                 information    or    visitor    centre
                                 adjacent to or on a road
        Transport depot and      Discretionary                             Discretionary - Only for public
        distribution                                                       transport or a taxi service (other than
                                                                           a taxi depot)
        Utilities                No Permit Required – Only if minor        No Permit Required – Only if minor
                                 utilities                                 utilities
                                 Permitted – Except if No Permit           Discretionary – Except if No Permit
                                 Required                                  Required
        Vehicle fuel sales and   Prohibited                                Discretionary
        service
        Vehicle parking          Discretionary                             Discretionary
        Visitor                  Prohibited                                Discretionary – Except if camping
        accommodation                                                      caravan or overnight camping area

       As detailed in the comparative use table above, there are not many overlapping uses within these
       two zones. Uses within the Utilities Zone are heavily restricted, meaning that the subject land
       which is currently zoned Utilities cannot be developed or utilised to its full potential, despite its
       location, size, and quality.
       The table shows that a number of prohibited uses in the Utilities Zone would be allowable in the
       Central Business Zone, including business and professional services, community meeting and
       entertainment, custodial facility (only if a remand centre), educational and occasional care,
       equipment and machinery sales and hire, food services, general retail and hire, hospital services,
       hotel industry, residential, vehicle fuel sales and service and visitor accommodation. Being zoned
       Central Business would allow the subject land to be utilised to a further extent and developed for
       uses that would strengthen the Glenorchy central area.

2.3    OTHER RELEVANT PROVISIONS
       Part of the site is located within the Waterway and Coastal Protection Areas Overlay. The
       Waterway and Coastal Protection Code will apply. Other Codes will also apply dependant on the
       specific future use and development of the land, as described below.

ireneinc PLANNING & URBAN DESIGN                                                           345 Main Road, Glenorchy   12
2.3.1   Waterway and Coastal Protection Code
        The site is in close proximity to Barossa Creek. Part of the lot with the title reference of 64613/9
        is located within the Waterway and Coastal Protection Areas overlay, as described by the following
        figure:

        Figure 9. The subject site, Waterway and Coastal Protection Areas overlay, and simplified topographic map
        (The LIST 2021)
               The subject site

               Waterway and Coastal Protection Area overlay
        This code applies to development within Waterway and Coastal Protection Areas.
        Barossa Creek is a class 4 watercourse, as specified by Table E11.1 in the planning scheme. The
        width of the relevant Waterway and Coastal Protection Area is 40m, measured from each bank of
        the watercourse.

         Watercourse, Wetland, other Waterbody or the Coast                                      Width

         Class 1:                                                                                40m

         Watercourse named on the 1:100,000 topographical series maps, lakes, artificial
         water storages (other than farm dams), and the high water mark of tidal waters

        The purpose of the Waterway and Coastal Protection Code is as follows:

        E11.1.1 The purpose of this provision is to manage vegetation and soil disturbance in the
        vicinity of wetlands, watercourses and the coastline in order to:
        (a)   minimise impact on water quality, natural values including native riparian vegetation, river
              condition and the natural ecological function of watercourses, wetlands and lakes;
        (b) minimise impact on coastal and foreshore values, native littoral vegetation, natural coastal
            processes and the natural ecological function of the coast;

ireneinc PLANNING & URBAN DESIGN                                                       345 Main Road, Glenorchy     13
(c)   protect vulnerable coastal areas to enable natural processes to continue to occur, including
              the landward transgression of sand dunes, wetlands, saltmarshes and other sensitive coastal
              habitats due to sea-level rise.
        (d) minimise impact on water quality in potable water supply catchment areas.

        Any future applications for development, including subdivision, will be required to detail how the
        relevant standards within the Waterway and Coastal Protection Code can be met.
        However, it is noteworthy that the section of Barossa Creek that runs close to the subject site is
        currently channelled underground. Therefore, most of the provisions of the code, which relate to
        managing erosion, sedimentation, in-stream natural habitat, natural streambank, water quality
        and other natural values, are not necessarily relevant.
        It is considered that this code can be adequately met by the future development.

2.3.2   Road and Railway Assets & Parking and Access Codes
        These 2 codes apply to all use and development. Any future applications for use or development,
        including subdivision, will be required to detail how the relevant standards within the codes can
        be met, to ensure that appropriate provision is made for access to the road network and any
        parking generated, to meet the purpose of each of these codes.

        It is considered that these codes can be adequately considered at any future development stage.

2.3.3   Stormwater Management Code
        At present, this code applies to all development requiring management of stormwater but does
        not apply to use.

2.3.4   Glenorchy Activity Centre Urban Design Specific Area Plan
        The Glenorchy Activity Centre Urban Design Specific Area Plan (the SAP) covers the Central
        Business Zone in the Glenorchy CBD. As the subject land is currently in the Utilities Zone, it is not
        covered by the existing SAP. However, if the land is rezoned and included in the Central Business
        Zone, it is logical for the SAP to also extend over the subject site.
        The following figure describes the subject land adjoining the SAP at present.

        Figure 10: The subject site adjoins the existing Glenorchy Activity Centre Urban Design Specific Area Plan
        (The LIST 2021)

ireneinc PLANNING & URBAN DESIGN                                                        345 Main Road, Glenorchy     14
Future applications relating to use or development on the site will be required to meet the
       standards in the Glenorchy Activity Centre Urban Design Specific Area Plan, such as standards on
       ground floor uses, building height, setback, design, passive surveillance, and landscaping, to
       ensure an enhancement of urban design quality on the land and in the Glenorchy CBD.

ireneinc PLANNING & URBAN DESIGN                                               345 Main Road, Glenorchy   15
3.     STRATEGIC ANALYSIS

3.1    PARKING SYSTEM
       There is a wide range of on-street and off-street parking available to public in the Glenorchy CBD,
       as illustrated by the map below.

       Figure 11. Parking facilities in Glenorchy CBD (produced by Ireneinc Planning and Urban Design, based on
       Google Maps 2019, Glenorchy City Council 2021 and The LIST 2021). The subject site highlighted dark blue;
       off street parking highlighted grey; and on-street parking highlighted yellow.
       The preceding figure shows a substantial number of public parking spaces within a close proximity
       to the site and the adjacent property at 347-349 Main Road. The time restrictions of these spaces
       range from 5 minutes to 4 hours and unlimited.

       The Glenorchy City Council’s meeting report on 27 April 2020 suggests that the current parking
       demand of the tenants at 347-349 Main Road has been insignificant. It is expected that the subject
       land would no longer needed for a car park, and the tenants of the adjoining properties could use
       the nearby public parking as an alternative to the existing car park at the subject land.

3.2    UTILITIES AND INFRASTRUCTURE SYSTEM
       The map below shows the Utilities zoned lands in the area.

ireneinc PLANNING & URBAN DESIGN                                                      345 Main Road, Glenorchy     16
Figure 12. System of Utilities zoned lands (The LIST 2021). Utilities lands are highlighted yellow. The subject
       site is highlighted red.
       Most of the Utilities lands in the area are to provide for major utilities installations or corridors,
       including State highways, arterial roads, Metro head office (at 220 Main Road Derwent Park), and
       Telstra service (at 264 Main Road, Derwent Park).

       The subject site, which is also located in the Utilities Zone, does not provide for utilities or
       infrastructure that benefit the public community. Its current use of vehicle parking is also not to
       support the surrounding utilities and infrastructure system, but to support the business on the
       adjoining land at 347-349 Main Road. In addition, this existing use is considered no longer necessary
       on the land, due to the low demand of parking by the users and the substantial availability of
       public parking in the Glenorchy CBD. It is considered that a rezoning of the land from Utilities to
       Central Business would not result in an adverse impact on the utilities and infrastructure system
       in the area.

       The Council’s meeting report on 27 April 2020 also suggests that the zoning and long-term lease of
       the land will not affect the option to utilise the land for future roadworks (if any). Any potential
       impact on the future requirements for road widening would be addressed if and when a
       Development Application was submitted for the site.

3.3    SERVI CES PROXIMITY
       The map below shows the public transport services in the area.

ireneinc PLANNING & URBAN DESIGN                                                           345 Main Road, Glenorchy      17
Figure 13. Public transportation proximity with simplified topographic (The LIST 2021)
        As described by the figure above, the site is located on the major corridor of Main Road and thus
        is in close proximity to a number of public transport services. It is within 80m to the bus stops of
        the 500, 501, 502, 503, 504, 510, 511, 512, 513, 520, 522, 530, 694, 722 and X22 buses. The site
        is also close to the major bus interchange on Tolosa Street, Glenorchy.

3.4     GREATER GLENORCHY PLAN

3.4.1   Strategic framework
        The Greater Glenorchy Plan adopted in Glenorchy since February 2021 includes the following
        strategic objectives:
               Strategic objective 1:    Reinforcing the activity centre hierarchy
               Strategic objective 2:    Increasing urban densities
               Strategic objective 3:    Delivering new employment opportunities
               Strategic objective 4:    Improving movement and access
               Strategic objective 5:    Creating places for people
               Strategic objective 6:    Greening Glenorchy
               Strategic objective 7:    Integrating high-quality design outcomes
        Glenorchy CBD is one of the fundamental commercial centres in the Glenorchy local government
        area (LGA). To achieve the Strategic Object 1, the Greater Glenorchy Plan identifies a need to

ireneinc PLANNING & URBAN DESIGN                                                         345 Main Road, Glenorchy   18
consolidate and maintain the Glenorchy CBD’s primacy in the active centre hierarchy, as well as
        to manage commercial and retail land supply in the Glenorchy CBD. Rezoning the subject site from
        Utilities Zone to Central Business Zone would provide opportunities for enhance the business and
        commercial function of the Glenorchy CBD and thus would be consistent with the Greater
        Glenorchy Plan.

3.4.2   Precinct Plan – Glenorchy CBD
        A site analysis included in the Precinct Plan for the Glenorchy CBD identifies the subject land to
        be an under-utilised site in the city centre. Rezoning the site from Utilities to Central Business
        would provide opportunities for a further utilisation of the land and a further enhancement of the
        current CBD.

3.5     SOUTHERN TASMANI AN REGIONAL LAND USE STRATEGY

3.5.1   Managing Risks and Hazards
        The Southern Tasmanian Regional Land Use Strategy (STRLUS) includes the following provisions
        and Regional Policies related to managing risks and hazards:

              8.    MANAGING RISKS AND HAZARD
              8.1   OVERVIEW
                    The key land hazards to take into account are:
                     • Sea level rise and storm surge
                     • Bushfire
                     • Land Instability
                     • Flooding;
                     • Soil Erosion & Dispersive Soils;
                     • Contaminated Land
                     • Salinity
                     • Acid Sulphate Soils.
              8.4   REGIONAL POLICIES
              MRH 2 Minimise the risk of loss of life and property from flooding.
                    MRH 2.1 Provide for the mitigation of flooding risk at the earliest possible stage of
                              the land use planning process (rezoning or if no rezoning required;
                              subdivision) by avoiding locating sensitive uses in flood prone areas.
                    MRH 2.2 Include provisions in planning schemes for use and development in flood
                              prone areas based upon best practice in order to manage residual risk.
              MRH 3 Protect life and property from possible effects of land instability.
                    MRH 3.1 Prevent further development in declared landslip zones;
                    MRH 3.2 Require the design and layout of development to be responsive to the
                              underlying risk of land instability;
                    MRH 3.2 Allow use and development in areas at risk of land instability only where
                              risk is managed so that it does not cause an undue risk to occupants or
                              users of the site, their property or to the public.
              MRH 5 Respond to the risk of soil erosion and dispersive and acid sulphate soils.
                    MRH 5.1 Prevent further subdivision or development in areas containing sodic soils
                              unless it does not create undue risk to the occupants or users of the site,
                              their property or to the public;
                    MRH 5.2 Wherever possible, ensure development avoid disturbance of soils
                              identified as containing acid sulfate soils. If disturbance is unavoidable
                              then ensure management is undertaken in accordance with the Acid

ireneinc PLANNING & URBAN DESIGN                                                  345 Main Road, Glenorchy   19
Sulphate Soils Management Guidelines prepared by the Department of
                                Primary Industries.
        Part of the subject land is located within the waterway and coastal protection area of a class 1
        watercourse (Barossa Creek). The section of the creek close to the subject is currently channelled
        below ground, and the creek infrastructure is maintained and upgraded by the Glenorchy City
        Council on a regular basis. Future development on the subject land will be required to meet the
        standards of the Waterway and Coastal Protection Code. It is unlikely that it will cause an
        unreasonable risk in relation to land instability or a disturbance of soils.

        The site is not within an inundation area on the current planning scheme maps, but a large portion
        of it is located in the Flood-Prone Areas under the Draft Glenorchy Local Provisions Schedule.
        Future use and development on the site will need to ensure the provisions included in the code
        will be met. In addition, it is understood that the Glenorchy City Council is prioritising an upgrade
        of stormwater infrastructure in the Glenorchy CBD and its surrounding areas to prevent and
        mitigate the impacts of future flooding. It is also noteworthy that sensitive uses such as residential
        are not prioritised in the Central Business Zone. Only residential in the forms of home-base business
        (shop top housing) and residential use above ground floor level is permitted in the zone. The
        rezoning of the subject site from Utilities to Central Business would not be inconsistent with the
        regional policies related to managing risks and hazards.

3.5.2   Physical Infrastructure
        The provisions and Regional Policies related to physical infrastructure are provided in the STRLUS
        as follows:

              12.     PHYSICAL INFRASTRUCTURE
              12.1    OVERVIEW
                      The use of an infrastructure program to support and direct development can
                      substantially influence the preferred settlement pattern and urban form. This
                      includes greenfield areas, urban infill and redevelopment sites, and activity
                      centres. Combined with the broader regional strategic planning work now being
                      undertaken should ensure efficient delivery of infrastructure in the Region.
              12.5    REGIONAL POLICIES
              PI 1    Maximise the efficiency of existing physical infrastructure.
                      PI 1.1   Preference growth that utilises under-capacity of existing infrastructure
                               through the regional settlement strategy and Urban Growth Boundary for
                               metropolitan area of Greater Hobart.
                      PI 1.2   Provide for small residential scale energy generation facilities in planning
                               schemes.
              PI 2    Plan, coordinate and deliver physical infrastructure and servicing in a timely
                      manner to support the regional settlement pattern and specific growth
                      management strategies.
                      PI 2.1   Use the provision of infrastructure to support desired regional growth,
                               cohesive urban and rural communities, more compact and sustainable
                               urban form and economic development.
                      PI 2.2   Coordinate, prioritise and sequence the supply of infrastructure
                               throughout the region at regional, sub-regional and local levels, including
                               matching reticulated services with the settlement network.
                      PI 2.3   Identify, protect and manage existing and future infrastructure corridors
                               and sites.

ireneinc PLANNING & URBAN DESIGN                                                     345 Main Road, Glenorchy    20
PI 2.4   Use information from the Regional Land Use Strategy, including
                               demographic and dwelling forecasts and the growth management
                               strategies, to inform infrastructure planning and service delivery.
                      PI 2.5   Develop a regionally consistent framework(s) for developer charges
                               associated with infrastructure provision, ensuring that pricing signals
                               associated with the provision of physical infrastructure (particularly
                               water and sewerage) is consistent with the Regional Land Use Strategy.
                      PI 2.6   Ensure electricity generation and major transmission assets are recognised
                               and protected within planning schemes to provide for continued
                               electricity supply.
        Given the relatively small size of 1400m2 and the existing use of vehicle parking, the subject site
        is not considered relevant to the regional infrastructure policy.

3.5.3   Activity Centres
        The STRLUS includes the following provisions and Regional Policies related to activity centres:

              18.     ACTIVITY CENTRES
              18.1    OVERVIEW
                      The benefits of an Activity Centre approach are significant in that it:
                       • Enhances the viability and vibrancy of centres and the surrounding urban
                           environment;
                       • Enables a more efficient and equitable use of resources and infrastructure;
                       • Assists in focussing the delivery of key community services;
                       • Provides a centre around which housing opportunities can be strategically
                           planned;
                       • Creates opportunities to live and work more closely;
                       • Assists in creating a more sustainable urban environment by reducing private
                           vehicle travel and facilitating use of non motorised forms of transport (walking
                           and cycling); and
                       • Facilitates agglomeration economies for business and industry.
              18.6    REGIONAL POLICIES
              AC 1    Focus employment, retail and commercial uses, community services and
                      opportunities for social interaction in well-planned, vibrant and accessible regional
                      activity centres that are provided with a high level of amenity and with good
                      transport links with residential areas.
                      AC 1.1 Implement the Activity Centre Network through the delivery of retail,
                                commercial, business, administration, social and community and
                                passenger transport facilities.
                      AC 1.2 Utilise the Central Business, General Business, Local Business Zones to
                                deliver the activity centre network through planning schemes, providing
                                for a range of land uses in each zone appropriate to the role and function
                                of that centre in the network.
                      AC 1.6 Encourage an appropriate mix of uses in activity centres to create multi-
                                functional activity in those centres.
                      AC 1.12 Provide for 10 – 15 years growth of existing activity centres through
                                appropriate zoning within planning schemes.
        As detailed in the diagram below, the subject land is located within a Major Zone of Influence and
        a Major Activity Centre identified by the Southern Tasmanian Regional Land Use Strategy.

ireneinc PLANNING & URBAN DESIGN                                                   345 Main Road, Glenorchy   21
The subject land

       Figure 14. STRLUS Map 8 – The Activity Centre Network, with red dot indicating approximate site location
       (adapted from Southern Tasmanian Councils Authority 2013)
       The subject land is currently adjacent to the boundary of the Central Business Zone in the
       Glenorchy CBD. A rezoning of this land from Utilities to Central Business will enable a more
       efficient use of land resources and infrastructure and hence consistent with the benefits of the
       Active Centre approach. The rezoning is also expected to strengthen and provide for growth of the
       existing business zone and activity centre, and to provide for a further mix of uses which enhances
       diversity in the CBD. The rezoning is considered consistent with the STRLUS provisions relating to
       activity centres.

ireneinc PLANNING & URBAN DESIGN                                                     345 Main Road, Glenorchy     22
3.6    TASMANIAN PLANNI NG SCHEM E – LOCAL PROVISIONS SCHEDULE
       Under the Glenorchy draft Local Provisions Schedule the subject land is proposed to be zoned
       Utilities and the surrounding commercial properties zoned Central Business, these zones are
       therefore a like for like translation of the current planning scheme.
       The site is in the Flood-Prone Areas under the Draft Glenorchy Local Provisions Schedule. Future
       use and development on the site will be subject to the Flood-Prone Hazard Areas Code in the
       Tasmanian Planning Scheme after the Local Provisions Schedule come into effect. Future
       applications for use and development on the site will need to detail how the provisions under this
       Code will be met.

       Figure 15: The subject site (highlighted red) in the Flood-Prone Areas in the Draft Glenorchy Local
       Provisions Schedule
       The LPS’s will also replace the existing Waterway and Coastal Protection Code through the TPS
       Natural Assets Code, which has the purpose to minimise impacts on water quality and natural
       values.

       The LPS’s also include the Glenorchy Activity Centre Urban Design Specific Area Plan which brings
       forward the current SPA from the current planning scheme.
       As detailed above the various zones and Codes are in effect a like for like translation between the
       current planning scheme and the future Tasmanian State Planning Provisions and drafted Local
       Provisions Schedules.

ireneinc PLANNING & URBAN DESIGN                                                  345 Main Road, Glenorchy   23
4.     AMENDMENT FORMAT

4.1    INTENT OF THE PRO POSED AMENDMENT
       The intent of the amendment request is to allow the subject land which is no longer required for
       its previous use to be redeveloped for use and development consistent with the adjacent land.

       The location, access to services and regional strategies make the land suitable for development
       consistent with the neighbouring Central Business Zone. The land is partially located within the
       waterway and coastal protection area. Future developments will be required to ensure impacts on
       water quality and natural values are minimised.

4.2    SPECIFIC AMENDM ENT
       The amendment proposed is for rezoning of the land having certificate titles of 77918/2, 64613/7
       and 64613/9, 345 Main Road, Glenorchy, from Utilities to Central Business, and to extend the
       Overlay related to the Glenorchy Activity Centre Urban Design Specific Area Plan as described in
       the following figures:

       Figure 16: Area proposed to be to Central Business

ireneinc PLANNING & URBAN DESIGN                                               345 Main Road, Glenorchy   24
Figure 17: Area proposed to be included within the Glenorchy Activity Centre Urban Design Specific Area
       Plan

ireneinc PLANNING & URBAN DESIGN                                                     345 Main Road, Glenorchy    25
5.     ASSESSMENT UNDER LUPAA

       Section 3 of Schedule 6 – Savings and Transitional Provisions states that Parts 2A and 3 of the
       former provisions remain in force until the day the LPS comes into effect to a municipal area. In
       accordance with Section 32 within Part 3 of the former Land Use Planning and Approval Act,
       amendments to the Glenorchy Interim Planning Scheme 2015 are required to be considered against
       the following:
             (1)     A draft amendment of a planning scheme, and an amendment of a planning scheme,
                     in the opinion of the relevant decision-maker within the meaning of section 20(2A)–
                     (a) . . . . . . . .
                     (b) . . . . . . . .
                     (c) . . . . . . . .
                     (d) . . . . . . . .
                     (e)      must, as far as practicable, avoid the potential for land use conflicts with
                              use and development permissible under the planning scheme applying to
                              the adjacent area; and
                     (ea)     must not conflict with the requirements of section 30O; and
                     (f)      must have regard to the impact that the use and development permissible
                              under the amendment will have on the use and development of the region
                              as an entity in environmental, economic and social terms.
             (2)     The provisions of section 20(2), (3), (4), (5), (6), (7), (8) and (9) apply to the
                     amendment of a planning scheme in the same manner as they apply to planning
                     schemes.

       Section 20 also includes the following:
             20.(1) (a)        seek to further the objectives set out in Schedule 1 within the area covered
                               by the scheme; and
                     (b)      prepare the scheme in accordance with State Policies made under section
                              11 of the State Policies and Projects Act 1993; and
                     (c) . . . . . . . . ...

       The above provisions are considered in the following sections.

5.1    LAND USE CONFLICTS
       The rezoning of the subject land to provide for business use and development will not conflict with
       any existing neighbouring uses and will be a continuation of the business zoned adjacent land.

ireneinc PLANNING & URBAN DESIGN                                                   345 Main Road, Glenorchy   26
5.2    REQUIREMENTS OF SECTION 30O
       Section 30O provides as follows:
             30O.    Amendments under Divisions 2 and 2A of interim planning schemes
                     (1)     An amendment may only be made under Division 2 or 2A to a local provision
                             of a planning scheme, or to insert a local provision into, or remove a local
                             provision from, such a scheme, if the amendment is, as far as is, in the
                             opinion of the relevant decision-maker within the meaning of section
                             20(2A), practicable, consistent with the regional land use strategy, if any,
                             for the regional area in which is situated the land to which the scheme
                             applies.
                     (2)     An amendment, of a planning scheme, that would amend a local provision
                             of the scheme or insert a new provision into the scheme may only be made
                             under Division 2 or 2A if –
                             (a)    the amendment is not such that the local provision as amended or
                                    inserted would be directly or indirectly inconsistent with the
                                    common provisions, except in accordance with section 30EA, or an
                                    overriding local provision; and
                             (b)    the amendment does not revoke or amend an overriding local
                                    provision; and
                             (c)    the amendment is not to the effect that a conflicting local provision
                                    would, after the amendment, be contained in the scheme.
                     (3)     Subject to section 30EA, an amendment may be made to a local provision if
                             –
                             (a)    the amendment is to the effect that a common provision is not to
                                    apply to an area of land; and
                             (b)    a planning directive allows the planning scheme to specify that some
                                    or all of the common provisions are not to apply to such an area of
                                    land.
                     (4)     An amendment may not be made under Division 2 or 2A to a common
                             provision of a planning scheme unless the common provision, as so amended,
                             would not be inconsistent with a planning directive that requires or permits
                             the provision to be contained in the planning scheme.
                     (5)     Subject to section 30EA, an amendment of a planning scheme may be made
                             under Division 2 or 2A if the amendment consists of –
                             (a)    taking an optional common provision out of the scheme; or
                             (b)    taking the provision out of the scheme and replacing it with another
                                    optional common provision.

       The amendment proposed is a rezoning of an area of land and as such is a local provision which
       can be amended under Division 2 or 2A. The amendment will not conflict with any common or
       overriding local provision.

5.3    REGIONAL IMPACT
       The land area of the subject site is relatively small and will not impact in any significant way on
       the region. As detailed previously the proposed amendment is consistent with the Southern
       Tasmanian Regional Land Use Strategy, which provides strategic direction of the Region, including
       by being within the Major Zone of Influence and the Major Activity Centre.

ireneinc PLANNING & URBAN DESIGN                                                  345 Main Road, Glenorchy   27
5.4     SCHEDULE 1 OBJECTIVES OF LUPAA
        The objectives of the current LUPAA are considered in the following tables:

5.4.1   Part 1 – Objectives of the Resource Management and Planning System of
        Tasmania

         PROVISION                                          RESPONSE
         (a) to promote the sustainable development of      The proposed amendment relates to minor
         natural and physical resources and the             rezoning of an individual parcel to make it
         maintenance of ecological processes and            consistent with the zoning of adjacent land.
         genetic diversity; and                             The land is located within a major activity
                                                            centre in the Glenorchy urban area and is
                                                            intended to support economic growth in a
                                                            sustainable manner.
                                                            Part of the site is located close to Barossa
                                                            Creek and is within the waterway and coastal
                                                            protection area. However, the section of the
                                                            creek running close to the subject site is
                                                            currently channelled underground. It is
                                                            expected that future development on the land
                                                            will not exert an impact on natural resources,
                                                            ecological processes or genetic diversity of
                                                            this watercourse.
         (b) to provide for the fair, orderly and           The rezoning will provide for the fair, orderly
         sustainable use and development of air, land       and sustainable development by providing an
         and water: and                                     additional area of land zoned for business
                                                            development supporting the regional policies
                                                            of growth of existing activity centres through
                                                            appropriate zoning.
         (c) to encourage public involvement           in   The process required for the assessment of
         resources management and planning; and             amendments to planning schemes provides
                                                            interested parties with an opportunity to
                                                            make representations during public exhibition
                                                            as well as attending subsequent hearings. This
                                                            process additionally provides Council and
                                                            subsequently the TPC to consider issues raised
                                                            during their assessment.
         (d) to facilitate economic development in          The proposal is aimed at facilitating economic
         accordance with the objectives set out in          development of an existing parcel that is
         paragraphs (a), (b) and (c): and                   underutilised.
         (e) to promote the sharing of responsibility for   Assessment of the amendment will occur at
         resource management and planning between           local and state level and will include the
         the different spheres of Government, the           opportunity   for   involvement   of   the
         community and industry in the State.               community.

5.4.2   Part 2 – Objectives of the Planning Process Established by this Act

         PROVISION                                          RESPONSE
         (a) to require sound strategic planning and co-    The proposal is consistent with the strategic
         ordinated action by State and local                directions for the region described through
         government; and                                    the STRLUS and is consistent with the local
                                                            zoning plan.
         (b) to establish a system of planning              The system as per LUPAA provides the
         instruments to be the principle way of setting     instruments to achieve these objectives.

ireneinc PLANNING & URBAN DESIGN                                                   345 Main Road, Glenorchy   28
objectives, policies and controls for the use,
         development and protection of land; and
         (c) to ensure that the effects on the              There are unlikely direct effects caused
         environment are considered and provide for         through the proposed rezoning, given the site
         explicit consideration of social and economic      is located in an urban area and the section of
         effects when decisions are made about the use      Barossa Creek running close to the site is
         and development of land; and                       channelled underground.
         (d) to require land use and development            The proposed amendment is consistent with
         planning and policy to be easily integrated with   the regional policies on supporting economic
         environmental, social, economic, conservation      growth and multi-functional activity in the
         and resource management policies at State,         Glenorchy CBD. The proposal is also to provide
         regional and municipal levels; and                 for a more efficient use of land and resources
                                                            in the urban area.
         (e) to provide for the consolidation of            Not directly applicable to the proposed
         approvals for land use and development and         amendment.
         related matters, and to co-ordinate planning
         approvals with related approvals; and
         (f) to promote the health and wellbeing of all     The subject site is located in the Glenorchy
         Tasmanians and visitors to Tasmania by             CBD, and thus is well serviced with utilities
         ensuring a pleasant, efficient and safe            and is in close proximity to transport services.
         environment     for  working,    living   and      The proposed rezoning will support activity
         recreation; and                                    diversity and provide opportunities for
                                                            employment in the CBD.
         (g) to conserve those buildings and areas or       The proposed rezoning does not alter any
         other places which are of scientific, aesthetic,   matter related to any area of significance.
         architectural or historical interest, or
         otherwise of special cultural value; and
         (h) to protect public infrastructure and other     The subject land does not provide for public
         assets and enable the orderly provision and co-    utilities or infrastructure for the benefit of
         ordination of public utilities and other           the community at present. The proposed
         facilities for the benefit of the community; and   rezoning will not have an impact of the
                                                            existing public infrastructure on the
                                                            surrounding lands.
         (i) to provide a planning framework which fully    The subject land is well located in the
         considers land capability.                         Glenorchy CBD, but it is underutilised at
                                                            present. The proposed rezoning of the land
                                                            from Utilities to Central Business will enable
                                                            the land to be utilised more efficiently within
                                                            its capability.

5.5     STATE POLICIES

5.5.1   The State Coastal Policy 1996
        ‘Coastal Zone’ is defined in the State Coastal Policy 1996 as follows:

        Under the State Coastal Policy Validation Act 2003, a reference in the State Coastal Policy 1996
        to the coastal zone is to be taken as a reference to State waters and to all land to a distance of
        one kilometre inland from the high-water mark.
        The subject site is within one kilometre of the high-water mark. Therefore, it is in a Coastal Zone.
        Future use or development on the land would be required to meet the relevant standards in the
        Waterway and Coastal Protection Code (or the Natural Assets Code after the Glenorchy Local
        Provisions Schedule comes into effect), to ensure that it will not have an unreasonable impact on
        the coastal resources or processes.

ireneinc PLANNING & URBAN DESIGN                                                    345 Main Road, Glenorchy   29
The site is located in the Flood-Prone Hazard Areas of the Glenorchy Local Provisions Schedule.
        Future use and development on the site would also need to meet the standards of the Flood-Prone
        Hazard Areas Code in the State Planning Provisions of the Tasmania Planning Scheme, and to ensure
        that they will not be exposed to unreasonable coastal hazard risks. The proposal is therefore
        consistent with the State Coastal Policy 1996.

5.5.2   The State Policy on Water Quality Management 1997
        The proposed rezoning of the subject land will not directly impact on any issues related to water
        quality, given Barossa Creek is currently channelled underground and protected by pipeline
        infrastructure.
        Any future use or development applications for the land, regardless of the zoning, would be
        required to detail appropriate water management, through connection to services and appropriate
        stormwater management practices to meet existing planning scheme standards and therefore will
        be consistent with this Policy.

5.5.3   The State Policy on the Protectio n of Agricultural Land 2009
        The subject land is not agricultural land and therefore this Policy does not relate to the subject
        land.

5.5.4   National Environment Protection Measures (NEPMs)
        NEPMs are also taken to be State Policies in Tasmania. NEPMs are made under Commonwealth
        legislation, and given effect in Tasmania through the State Policies and Projects Act.

        The Codes within the Scheme deal in detail with the relevant matters (noise and air quality) and
        the assessment of the submitted application can be undertaken against the appropriate Use and
        Development Standards. The proposed amendment is not considered affected by the other NEPMs.

ireneinc PLANNING & URBAN DESIGN                                                  345 Main Road, Glenorchy   30
ATTACHMENT A – TITLE

ireneinc PLANNING & URBAN DESIGN   345 Main Road, Glenorchy
ireneinc PLANNING & URBAN DESIGN   345 Main Road, Glenorchy
ireneinc PLANNING & URBAN DESIGN   345 Main Road, Glenorchy
ireneinc PLANNING & URBAN DESIGN   345 Main Road, Glenorchy
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