345 MAIN ROAD, GLENORCHY - Tasmanian ...
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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
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
5.5.4 National Environment Protection Measures (NEPMs) 30 ATTACHMENT A – TITLE 31 ireneinc PLANNING & URBAN DESIGN 345 Main Road, Glenorchy 4
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
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
Figure 3. View of the site (Google Maps 2019) ireneinc PLANNING & URBAN DESIGN 345 Main Road, Glenorchy 7
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
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
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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