NOTIC CE OF ME EETING Notice is hereby given that t a Pla anning Au uthority Co ommittee meeting of the Devonport City Council will w be held d in the Council C Ch hambers, 444-48 Best Street, Devonport, on Monday M 21 July 2014, commenc cing at 11:0 00am. The me eeting will be b open to o the publi c at 11.00a am. QUA ALIFIED PERS SONS ordance with w Section n 65 of the e Local Go overnment Act 1993, I confirm that t the In acco report in this age enda conta ains advice e, informattion and re ecommend dation give en by a person who has the qualiifications o or experience necessary to g give such advice, a informa ation or rec commendation.
Paul W West GENER RAL MANAG GER
16 July y 2014
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 21 JULY 2014 AT THE COUNCIL CHAMBERS AT 11:00AM Item
Page No.
1.0
APOLOGIES
2.0
DECLARATIONS OF INTEREST
3.0
DELEGATED APPROVALS ..............................................................................................1
4.0
DEVELOPMENT REPORTS ...................................................................................2
4.1
PA2014.0080 – Residential (Dwelling and Shed) - assessment against performance criteria for location and configuration of Development and Suitability of a site 28 Harris Road, Stony Rise (D334772) ............................................................................. 2
4.2
PA2014.0082 - Permitted - Change of Use (Business and Professional Services Photography Studio) & discretionary - assessment against traffic generating use and parking code (less parking spaces provided than minimum requirement) 51 Formby Road, Devonport (D334773) .................................................................... 13
5.0 CLOSURE ................................................................................................... 19
Agenda of a meeting of the Devonport City Council’s Planning Authority Committee to be held at the Council Chambers, Fenton Way, Devonport on Monday, 21 July 2014 commencing at 11.00am. PRESENT Present Chairman
Ald S L Martin (Mayor) Ald G B Kent Ald G F Goodwin Ald P G Hollister Ald W P Wilson Ald W M Squibb (Proxy)
IN ATTENDANCE
1.0 APOLOGIES 2.0 DECLARATIONS OF INTEREST
Apology
PAGE 1 Report to Planning Authority Committee meeting 21 July 2014
3.0
DELEGATED APPROVALS
3.1
PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY 17 JUNE 2014 - 15 JULY 2014 RECOMMENDATION That the list of delegated approvals be received. PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY – 17.6.2014 – 15.7.2014
Application No. PA2014.0053
Location
Description
2/213A William Street
PA2014.0059 PA2014.0060
9 Watford Close 127-133 James Street
PA2014.0062 PA2014.0065
81 Cutts Road 6 Allison Court
PA2014.0066
15 Middle Road
PA2014.0068 PA2014.0069
23 McArthur Drive 51 Stephen Street
PA2014.0070 PA2014.0071
21A North Street 20 Wylies Road
PA2014.0073
13 McArthur Drive
PA2014.0074 PA2014.0076
58 Tugrah Road 13-15 Drew Street
PA2014.0077
9 McArthur Drive
Residential (Unit Addition) Residential (shed) assessment against performance criteria for setback and building envelope Educational Establishment (Additions) Residential (Shed) - Assessment against performance criteria for suitability of a site, location and configuration of development and heritage code. Two lot subdivision Residential (Garage) - Assessment against performance criteria for setbacks and building envelope 2 lot subdivision & Residential - assessment against performance criteria for setbacks and building envelope and suitability of a lot for use or development 2 lot subdivision Residential (Single Dwelling) - assessment against performance criteria under clauses 10.4.2 and 10.4.6 Storage Shed 2 lot subdivision - assessment against performance criteria under clause 10.4.9 and Residential - assessment against performance criteria under clause 10.4.2. Residential (Two Units) - assessment against performance criteria for setbacks and building envelope. Demolition of dwelling Residential (Garage) - assessment against performance criteria for building envelope.
ITEM 3.0
Approval Date 17/06/2014 19/06/2014 18/06/2014 23/06/2014 3/07/2014 23/06/2014 11/07/2014 24/06/2014 3/07/2014 7/07/2014 7/07/2014 7/07/2014 8/07/2014 10/07/2014
PAGE 2
Report to Planning Authority Committee Meeting - 21 July 2014
4.0
DEVELOPMENT REPORTS
4.1
PA2014.0080 – RESIDENTIAL (DWELLING AND SHED) - ASSESSMENT AGAINST PERFORMANCE CRITERIA FOR LOCATION AND CONFIGURATION OF DEVELOPMENT AND SUITABILITY OF A SITE – 28 HARRIS ROAD, STONY RISE File: 29465 D334772
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.1.1
Ensure the City’s Planning Scheme supports local community character and appropriate land use
Strategy 2.1.2
Provide high quality, consistent and responsive development assessment and compliance processes
SUMMARY The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2014.0080.
BACKGROUND Planning Instrument:
Devonport Interim Planning Scheme 2013
Applicant:
Steven Penton Home Designs
Owner:
JP & SL Dyke
Proposal:
Residential (Dwelling and Shed) - assessment against performance criteria for location and configuration of development and suitability of a site
Existing Use:
Vacant
Zoning:
Rural Living
Decision Due:
30/07/2014
SITE DESCRIPTION The site is located to the south of Harris Road in a subdivision for which titles were issued in 2011. The lot is irregular in shape and has an area of 5000m2. Figure 1 shows the title for the property. To the west is a smaller lot which contains an existing house which can be seen in Figure 2. The other lots in the immediate area remain undeveloped.
APPLICATION DETAILS The applicant is seeking approval for a dwelling and shed. The dwelling is to be constructed of cement sheet weatherboard and colorbond and the shed is to be constructed of colorbond. The shed will have dimensions of 7m x 7m with a wall height of 2.4m and an overall height of 3.645m. The shed will be constructed 1.5m from the western boundary. Figures 3 & 4 show the site plan and shed plans respectively.
ITEM 4.1
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Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Figure e 1 - Title pla an - 28 Harris Road, Ston ny Rise
Figure 2 - Aerial vie ew of site Â
ITEM 4.1
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P PAGE 4
Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Figu ure 3 - Site plan p
Figurre 4 - Shed plans Â
ITEM 4.1
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Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
PLANNING ISSUES The land iis zoned Ru ural Living under the Devonporrt Interim Planning P Sc cheme 201 13. Both a single dwe elling and outbuilding are perm mitted usess within the e zone. The propo osal does not n meet the t require ements of several s sec ctions of th he Planning Scheme e and is the erefore disscretionary y and musst satisfy th he perform mance critteria of the e relevantt sections o of the sche eme. The fo ollowing diiscretions have h been n identified d. The subject site is le ess than 1h ha in area a and there efore does not satisffy sectionss 13.4.1 A1 and 13.4.2 2 A1 of the e Planning Scheme. The deve elopment has h a setba ack less than 10m to o the side b boundary and a does not n complyy with the requiremen r nts of sectiion 13.4.3 A2. A In additio on the prop posal mustt comply w with the re equiremen nts of the B Bushfire Pro one Areass Code. ant section ns of the Pla anning Sch heme are reproduce ed below w with comm ments. The releva
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ITEM 4.1
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Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
The subjec ct site is of sufficient area a to en nable the erection e of a building g, allow forr access to o the site an nd will not negatively y impact o on adjoining land, utilities or eassements.
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ITEM 4.1
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Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Only one dwelling iss proposed d for the siite. There is sufficient area to a allow for all a required d infrastructture and a bushfire hazard m manageme ent area to t protectt the build dings from m bushfire. b employying tradessmen and purchasing g building materials. Communiity benefit is gained by
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ITEM 4.1
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Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
The propo osed shed has a setback of 1..5m to the e western boundary. b Although h this is lesss than the rrequired 10m setbac ck it is con nsistent with h the local area give en the neighbouring g house hass a setback of appro oximately 5 500mm from m its eastern bounda ary. The propo osed shed will not ca ause oversh hadowing of habitab ble rooms a as it will be e adjacentt to a carp port and th here will be e no nega ative impac cts caused d by the b ulk and sc cale of the e building a as it is of a scale s common to mo ost domestic double garages. The title contains an a existing g building g envelope e, imposed on the lot as pa art of the e subdivision. The pro oposal is to t be builtt outside this building g envelop pe. This isssue will be e discussed later in the e report.
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ITEM 4.1
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Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
The Bushffire Prone Areas Co ode require es a Bushffire Hazard d Manage ement Plan for new w buildings on pre-exissting lots. The applic cants have e submitted d a plan, p prepared by Tammy y Smith, which shows the propo osed dwelliing has a BAL B rating of 19 whic ch complie es with the e acceptab ble solution n. 18 June 2014, Cou uncil receiived an a application n for the above de evelopmen nt. Underr Section 57(3) of the e Land Use e Planning g and App provals Act 1993, the e Planning g Authority y must give e notice of an application for a permit. As A prescribed at Secttion 8(1) of the Land d Use Plann ning and Approva als Regula ations 2004 4, the Pla anning Au uthority fu ulfilled thiss notificatio on requirem ment by: (a)
Adve ertising the e applicatio on in The A Advocate newspape er on 24/066/2014;
(b)
Makiing a copy y of the pro oposal ava ailable in Council C Offfices from tthe 24/06/2 2014;
(c)
Notiffying adjoin ning prope erty owners rs by mail on o 19/06/20 014; and
(d)
Erectting a Site Notice for display fro om the 20//06/2014.
The period d for representations to be rece eived by Council C clo osed on 07//07/2014.
REPRESENTA ATIONS One reprresentation n was rece eived with hin the pre escribed 14 1 day pu ublic scrutiiny period d required b by the Land Use Planning and A Approvals Act 1993. The repressentation was w submitted by Mrr H Darkiew wicz of 30 Harris Roa d (see atta achment).. Mr Darkiew wicz statess that he has h no obje ections to the proposal provide ed it does not shade e the living areas of his house. The rep presentatio on also raisses conce erns over trees t on a neighbou uring prope erty howe ever this iss not rela ated to th he plannin ng applica ation and d therefore not releva ant to the report. Given the e propose ed location n of the h house and d shed and the orie entation of o the lots,, overshado owing of Mr M Darkiew wicz’s living areas shou uld not occur.
ITEM 4.1
PA AGE 10
Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
DISCUSSION N A manag gement pla an was de eveloped ffor the sub bdivision at a the direc ction of th he Federall Departme ent of the Environme ent, Waterr, Heritage e and the Arts. The managem ment plan n required a Part 5 Ag greement be registe ered on the e title. The e agreeme ent identifie es building g envelopes, ensures no cats are a permittted within the subdiivision and d that any y dogs are e located in n a fenced d enclosure e within the e building envelope. It also resstricts the removal r off vegetatio on to plantss less than 4m in heig ght for bush hfire contro ol and fenc cing purpo oses only. The building envelo opes were e placed on the tittles due to potentia al bushfire e and the e presence of threatened spe ecies, how wever the e proposa al is to be e built ou utside the e designate ed building g envelope e. This is d deemed appropriate a e given bu uilding will not occurr any further south than t allow wed by th he originall building envelope and therrefore the e proposal w will not impact on th he areas o of greatest significance, that is the vegettation and d potential burrowing g crayfish habitat. h FFigure 5 sh hows a pla an indicatiing crayfissh habitat.. The subjec ct site is shown outlined in blue and is adjjacent to crayfish c ha abitat.
Figure 5 - Plan indica ating locatio on of crayfissh habitat
The propo osal will re equire an onsite wasstewater system. s A report an nd design has been n submitted d as part of the plann ning appro oval proce ess and a condition c sshould be placed p on n the perm mit to ensu ure the appropriate e docume entation is submitted d with the e building g applicatio on.
CONCLUSIO ON Assessmen nt against the Plann ning Schem me demon nstrates the proposa al can be approved d with cond ditions, as contained c in the rec ommenda ation below w. The lot may also be b subjectt to other legislation n outside the jurisd diction of local gov vernment. It is the e owners’ responsibiility to ensu ure all relev vant legisla ation is com mplied with h.
RECOMMENDATTION That Coun ncil, pursuant to the e provisionss of the De evonport Interim I Pla anning Sch heme 2013 3 and Sectiion 57 of the t Land Use U Plannin ng and Ap pprovals Act A 1993, a approve application a n
ITEM 4.1
PAGE 11
Report to Planning Authority Committee Meeting - 21 July 2014
PA2014.0080 and grant a Permit to use and develop land identified as 28 Harris Road, Stony Rise for the following purposes:
Residential (Dwelling and Shed) - assessment against performance criteria for location and configuration of development and suitability of a site
Subject to the following conditions: 1.
The Use and Development is to proceed generally in accordance with the submitted plans referenced and, copies of which are attached and endorsed as documents forming part of this Planning Permit.
2.
The Use and Development is to proceed generally in accordance with the following submitted plans and documentation, copies of which are attached and endorsed as documents forming part of this Planning Permit:
3.
a.
House and shed plans referenced as project no. 13-14-071 amendment 02, dated 11-06-14 by Steven Penton Building Design; and
b.
Bushfire Report D1314-037 dated 11 June 2014 by Tammy Smith.
The applicant is to submit the design report (including the site and soil evaluation in accordance with AS/NZS1547:2012) and a Special Plumbing Application for the onsite waste water system with the Building Application.
Note: The following is provided for information purposes. All activity onsite must take place in accordance with the Part 5 Agreement registered on the title. There is potentially threatened species (Burrowing Crayfish) habitat in and behind your property. All care should be taken to ensure no disruption to this habitat. During the construction or use of these facilities, the best practicable means shall be taken to prevent nuisance. Air, Noise and water pollution matters may be subject to provisions of the Building Regulations or the Environmental Management and Pollution Control Act 1994.
THIS IS NOT A BUILDING PERMIT. You need to provide a copy of this planning permit to a registered Tasmanian Building Surveyor. WORK CANNOT COMMENCE UNTIL BUILDING AND PLUMBING PERMITS ARE ISSUED. Enquiries regarding conditions can be directed to Council’s Development & Health Services Department – Ph 6424 0511.
Author: Position:
Carolyn Milnes Planning Officer
Endorsed By: Position:
ITEM 4.1
Brian May Manager Development & Health Services
PAGE 12
ATTACHMENT 1
Representation
Re File No 29462 I have no objections to the plans for No 28 Harris Road as long as none of my living area of my house is shaded by their buildings. If the shed is 24 meters from their front boundy it should'nt be an issue. COULD I would like for some-one to look into what I class as a very dangerous situation that affects the safety of our property, and No 28, is the group of pine trees on their property at the back of ours. When the new sub division was proposed all pine trees were to be removed by the then owner, he approached us and asked if we wanted them we said no, those pines are there still, if a fire should go through them, they are going to send fire balls onto our house, and I am forever getting on roof to clean the dead needles out of our eaves. I am very mindful of fire hazards in Harris Road and have done everything on my property to make it fire safe. Now the pine trees are slowly dying, and I think this is due to the land being so boggy and marshy, the pines could just fall down, like a number of trees already have and cause damage to our property, but so much more of importance the four children play around those trees every time they are there. I would hate to think that a life or lives could be lost due to a fire going through, or the pine trees falling. Yours Sincerley Harry. E. Darkiewicz 30 Harris Road
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ITEM 4.1
PAGE 13 Report to Planning Authority Committee Meeting - 21 July 2014
4.2 PA2014.0082 - PERMITTED - CHANGE OF USE (BUSINESS AND PROFESSIONAL SERVICES - PHOTOGRAPHY STUDIO) & DISCRETIONARY - ASSESSMENT AGAINST TRAFFIC GENERATING USE AND PARKING CODE (LESS PARKING SPACES PROVIDED THAN MINIMUM REQUIREMENT) - 51 FORMBY ROAD, DEVONPORT File: 29482 D334773
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.1.1
Ensure the City’s Planning Scheme supports local community character and appropriate land use
Strategy 2.1.2
Provide high quality, consistent and responsive development assessment and compliance processes
SUMMARY The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2014.0082.
BACKGROUND Planning Instrument:
Devonport Interim Planning Scheme 2013
Applicant:
Paul & Belinda Soldo Living Moment Photography
Owner:
Mr JHC Cole & Mrs ME Cole
Proposal:
Permitted - Change of Use (Business and Professional Services Photography Studio) - Discretionary - assessment against Traffic Generating Use and Parking Code (less parking spaces provided than minimum requirement)
Existing Use:
Unoccupied
Zoning:
Urban Mixed Use
Decision Due:
04/08/2014
SITE DESCRIPTION The site is located on Formby Road approximately 100m south of Steele Street. The premises were previously occupied by Keeps Screen Prints and is situated to the south of the Antique Emporium.
Photo source: DCC Dekho January 2013
ITEM 4.2
PAGE 14 Report to Planning Authority Committee Meeting - 21 July 2014
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APPLICATION DETAILS The applicant is seeking to operate a Portrait Photographic Studio from the building. Accompanying details provided with the application are reproduced below.
PLANNING ISSUES The land is zoned Urban Mixed Use under the Devonport Interim Planning Scheme 2013. The proposed change of use i.e. the section 58 LUPA Act component, best fits within the definition of Business and professional services and is an unqualified permitted use within this zone. There are also no use standards within this zone. No other additional assessment of the proposed use needs to be undertaken. Similarly because there is no development i.e. building extension requiring consideration the zone standards cannot be applied. In effect the zone standards are satisfied. However there are Code Standards that have to be applied where appropriate and in this regard the Sign Code (E7) and the Vehicle Generating Use and Parking Code (E9) need to be considered. Â
ITEM 4.2
PAGE 15 Report to Planning Authority Committee Meeting - 21 July 2014
The applicant has indicated that the advertising signage will be identical in location and dimension as the previous sign. This is deemed satisfactory and can be integrated with the section 58 LUPA component of the application. A photo of the previous business sign location relative to the building façade is reproduced below.
The sole discretionary element identified that has triggered the section 57 LUPA component of this application is the inability of the site to contain the required number of on-site vehicle parking spaces. Code E9 requires parking spaces at the rate of 1 per 40m2 of gross floor area. The calculated area is 110m2 which based on the scale requires 3 spaces. Although there is room behind the premises for these spaces only one space has been allocated. The remaining spaces are utilised by the Antique Emporium business. The previously reproduced applicant’s submission details the specific nature of the business and proposes alternative parking arrangements. In this instance if the Acceptable Solutions of the Code cannot be met (that is providing 3 spaces on site) then the Performance Criteria need to be satisfied. These criteria are:
ITEM 4.2
PAGE 16 Report to Planning Authority Committee Meeting - 21 July 2014
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In simple terms the application seeks a variation from three to one. It is submitted that based on the proposed activity that this particular proposal satisfies the above criteria and that this alternative permit pathway can result in a permit being issued.
COMMUNITY ENGAGEMENT On 23/06/2014, Council received an application for the above development. Under Section 57(3) of the Land Use Planning and Approvals Act 1993 (LUPA Act), the Planning Authority must give notice of an application for a discretionary permit. As prescribed at Section 8(1) of the Land Use Planning and Approvals Regulations 2004, the Planning Authority fulfilled this notification requirement by: (a)
Advertising the application in The Advocate newspaper on 28 June 2014;
(b)
Making a copy of the proposal available in Council Offices from the 30 June 2014;
(c)
Notifying adjoining property owners by mail on 27 June 2014; and
(d)
Erecting a Site Notice for display from the 27 June 2014.
The period for representations to be received by Council closed on 11/07/2014.
REPRESENTATIONS One representation was received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. This is a representation of support from the Antique Emporium and is reproduced below. Â
ITEM 4.2
PAGE 17 Report to Planning Authority Committee Meeting - 21 July 2014
DISCUSSION The only element of legal standing for this application is whether Council is satisfied that the lesser number of vehicle spaces meets the performance criteria of the code. It is submitted that this is the case and the application can be supported.
CONCLUSION The proposal has been assessed by Council’s Development and Assessment Review Team and can be recommended for approval.
ITEM 4.2
PAGE 18 Report to Planning Authority Committee Meeting - 21 July 2014
RECOMMENDATION That Council, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 and 58 of the Land Use Planning and Approvals Act 1993, approve application PA2014.0082 and grant a Permit for a change of use on land identified as 51 Formby Road, Devonport for the following purposes:
S.58 Permitted - Change of Use (Business and professional services - photography studio) and associated advertising signage
S.57 Discretionary - assessment against performance criteria of Code E9 for a lesser number of parking spaces
Subject to the following condition: 1.
The use is to proceed generally in accordance with the submitted documentation a copy of which is attached and endorsed as documents forming part of this planning permit.
It should be noted that this is not a building permit and the applicant should seek the advice of a registered Tasmanian Building Surveyor to determine whether any building code matters need to be satisfied before occupation can occur.
Author: Position:
Shane Warren Planning & Environmental Health Coordinator
Endorsed By: Position:
ITEM 4.2
Brian May Manager Development & Health Services
PAGE 19
5.0 CLOSURE There being no further business the Chairman declared the meeting closed at
ITEM 5.0
pm.