NOTICE OF MEETING Notice is hereby given that a Planning Authority Committee meeting of the Devonport City Council will be held in the Council Chambers, on Monday 11 April 2016, commencing at 11:00am. The meeting will be open to the public at 11:00am. QUALIFIED PERSONS In accordance with Section 65 of the Local Government Act 1993, I confirm that the reports in this agenda contain advice, information and recommendations given by a person who has the qualifications or experience necessary to give such advice, information or recommendation.
Paul West GENERAL MANAGER 6 April 2016
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 11 APRIL 2016 AT THE COUNCIL CHAMBERS AT 11:00AM Item
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APPOINTMENT OF CHAIRMAN ...................................................................... 1
2.0
APOLOGIES ............................................................................................... 1
3.0
DECLARATIONS OF INTEREST ........................................................................ 1
2.0
DEVELOPMENT REPORTS .............................................................................. 2
4.1
PA2016.0036 2 Lot Subdivision (One Additional Lot) - 246 Brooke Street East Devonport (D414420) ...................................................................................................................... 2
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CLOSURE ................................................................................................ 63
PAGE 1 Planning Authority Committee meeting Agenda 11 April 2016
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 11, April 2016 commencing at 11:00am. PRESENT Present Chairman
Ald S L Martin (Mayor) Ald C D Emmerton Ald G F Goodwin Ald J F Matthews Ald L M Perry
Apology √
IN ATTENDANCE All persons in attendance are advised that it is Council policy to record Council Meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a minimum period of six months. Members of the public in attendance at the meeting who do not wish for their words to be recorded and/or published on the website, should contact a relevant Council Officer and advise of their wishes prior to the start of the meeting.
1.0 APPOINTMENT OF CHAIRMAN
In the absence of the Chairman it will be necessary for the Committee to elect an Alderman to chair the meeting.
2.0 APOLOGIES
The following apology was received for the meeting. Ald Martin
Leave of Absence
3.0 DECLARATIONS OF INTEREST
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4.0
DEVELOPMENT REPORTS
4.1
PA2016.0036 2 LOT SUBDIVISION (ONE ADDITIONAL LOT) - 246 BROOKE STREET EAST DEVONPORT File: 32349 D414420
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.
PURPOSE The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2016.0036.
BACKGROUND Planning Instrument: Applicant: Owner: Proposal: Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 Tasmanian Consulting Service Mr WD Bovill 2 lot subdivision (one additional lot) Resource development (agricultural use) Rural Resource 15/04/2016
SITE DESCRIPTION The subject land is identified by Certificate of Title (CT) 131587/1 with the property address of 246 Brooke Street, East Devonport. The site comprises a land area of 97.65ha and is intersected by Brooke Street which runs through the site in an east/west direction. The site is predominantly zoned Rural Resource under the Devonport Interim Planning Scheme 2013 (DIPS), with a section of land designated to the Environmental Management zone extending along the northern end of the site. The existing use of the site is generally characterised by resource development use (agricultural use), with an existing single dwelling and associated outbuildings (farm sheds) located to the south of Brooke Street. As indicated by Figure 1, two separate land titles are further identified within the site to the north of Brooke Street, these being CT31881/3 which is utilised as a depot, packing and dispatch facility for Costa Berry Exchange (under a Rural Resource zoning), and CT131586/1 comprising the TasWater wastewater treatment facility which is designated a Utilities zoning under the DIPS.
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Figure 1 - Aerial Image of Subject Site and Title Information (The LIST, Tasmania)
SITE HISTORY Last year Council considered and approved a development application for the site (refer PA2015.0116). In short, the application was to create a new 6ha allotment east of CT31881/3 and develop a packaging warehouse on this lot. As it currently stands, Council is yet to receive a Final Plan for the subdivision and no building permit has been lodged for the warehouse. The approved subdivision plan is reproduced as Figure 2 for information purposes.
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Figure 2 – Approved subdivision plan – PA2015.0115
APPLICATION DETAILS The applicant - Tasmanian Consulting Service (TCS) is seeking approval for further division of the land by creating a 3.5ha parcel on the north and western sides of CT 31881/3 and adjacent to the western boundary of the 6ha lot which was approved by PA2015.0116. The proposed lot will have a road frontage to Brooke Street and adjoin the Crown Reserve to the north and Tea Tree Lane to the west. The remainder of the property will remain the balance lot with an area of 86.85ha. TCS has stated that the reason for the subdivision is to enable the expansion of the existing Costa Distribution Centre which is located on CT 31881/3. The Costa Group have a conditional contract (subject to planning permit and other matters) to purchase the 3.5ha lot from the current landowner (Mr WD Bovill). Following the purchase of the lot, the Costa Group propose to adhere the proposed lot and CT 31881/3 which will allow for the expansion of the Distribution Centre (subject to further planning approval). As part of the application package, TCS have provided a comprehensive planning submission against the applicable provisions within the DIPS. The supporting submission and proposal plans are attached as Attachment 1. For ease of perusal, the subdivision plan submitted by TCS is reproduced below.
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Figure 3 – Proposed subdivision plan submitted by applicant (TCS)
PLANNING ISSUES As previously outlined, the site is predominately zoned Rural Resource with a small section of the site zoned Environmental Management (refer zoning map – Figure 4). The Zone Purpose Statements (ZPS) of the Rural Resource zone is the following:
In contrast, the ZPS of the Environmental Management zone is the following:
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Figure 4 – Zoning of Subject Site (The List, Tasmania)
The subdivision is to enable the future expansion of the Costa Distribution Centre. The Distribution Centre currently services the local berry industry as the main facility for receival, cooling, packing and distribution of fresh berries. The most appropriate use classification for the Distribution Centre is ‘Storage’ which is defined under the DIPS as the following: “Use of land for storage or wholesale of goods, and may incorporate distribution. Examples include boat and caravan storage, contractors yard, freezing and cool storage, liquid fuel depot, solid fuel depot, vehicle storage, warehouse and wood yard.” Within the Rural Resource zone, the use ‘Storage’ is ‘Permitted’ subject to the following qualifications:
The expansion of the Distribution Centre for Costa meets (b) and is, therefore, a ‘Permitted’ activity within the zone. In comparison, the use ‘Storage’ is ‘Prohibited’ within the Environmental Management zone as it is not prescribed within the Use Table. A technical interpretation of the DIPS relating for use and development within the Environmental Management zone would seemingly preclude the subdivision of land for the expansion of a Distribution Centre facility as it is a use not permissible within the zone. However, in this case, it is thought appropriate to address the Rural Resource zone ITEM 4.1
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provisions as any expansion of the Distribution Centre can only occur within this zone on the site. Statements of compliance against the applicable standards for subdivision within the Rural Resource Zone and any applicable Code or specific Area Plan under the DIPS has been provided in the supporting information prepared by TCS. The commentary contained therein is supported with appropriate permit conditions to be included as applicable.
COMMUNITY ENGAGEMENT On 04/03/2016, Council received an application for the above development. Under Section 57(3) of the Land Use Planning and Approvals Act 1993, the Planning Authority must give notice of an application for a permit. As prescribed at Section 9(1) of the Land Use Planning and Approvals Regulations 2014, the Planning Authority fulfilled this notification requirement by: (a)
Advertising the application in The Advocate newspaper on 09/03/2016;
(b)
Making a copy of the proposal available in Council Offices from the 09/03/2016;
(c)
Notifying adjoining property owners by mail on 08/03/2016; and
(d)
Erecting a Site Notice for display from the 08/03/2016.
The period for representations to be received by Council closed on 23/03/2016.
REPRESENTATIONS Two representations were received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. Both representations were received from property owners located west of the subject site. The representations are reproduced as Figures 5 and 6 on the following two pages.
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Figure 5 – Representation from Rodney & Dianne Smith
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Figure 6 – Representation from Andrew & Carla Rand
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Both representations are similar regarding additional noise, dust and light pollution from the proposed lot and future development that is likely to occur on the site. It is important to note at this stage that the application is for a subdivision only and no development plans for the expansion of the Costa Distribution Centre have been submitted. In regard to access, TCS has stated that the future lot will be accessed from Brooke Street. If in the future Costa Group were looking at utilising Tea Tree Lane the carriageway may have to be upgraded to the relevant municipal standard. It is acknowledged that land to the west is zoned General Residential and conflicts between different land uses should be minimised where possible. However, as Council has no development plans is it inappropriate for permit conditions to be included requiring screening or similar be incorporated at subdivision stage. A further development permit will be required, however, when it is intended to construct the building which will house the proposed extended use. Council will have the capacity to address the residents’ concerns with appropriate permit conditioning at that time.
DISCUSSION The application was referred to TasWater for comment as required by the Water and Sewerage Industry Act 2008. Comments received have been included as conditions in the final recommendation. The application has also been referred internally to other Council departments with an interest in development applications. Comments received have also been included in the final recommendation. Council’s Policy on requiring 5% public open space or a financial contribution does not apply for subdivisions of one additional lot and no recommendation is submitted on this.
FINANCIAL IMPLICATIONS No financial implications are predicted unless a Planning Appeal is lodged and legal representation is required.
RISK IMPLICATIONS This report has been prepared in accordance with general practice and with appropriate due diligence. No associated risks are predicted.
CONCLUSION The further division of land on the site is considered to appropriately comply with the applicable standards of the DIPS, compatible with adjoining land use and development and consistent with the intent and purpose of the Rural Resource zone in providing service and support of primary industry use. Accordingly the proposal can be supported. Currently, no development is proposed and this will be subject to further planning approval. When a development application is lodged Council will then be able to assess the proposal against the merits of the planning scheme.
ATTACHMENTS 1.
Application for Planning Permit - 246 Brooke Street East Devonport
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RECOMMENDATION That Council, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2016.0036 and grant a Permit to land identified as 246 Brooke Street, East Devonport for the following purposes: ď€
2 lot subdivision (one additional lot)
Subject to the following conditions: 1.
The Use and Development is to proceed generally in accordance with the submitted plans referenced as Proposed Subdivision - DWG. No. 8409 (01-02) by Tasmanian Consulting Service, copies of which are attached and endorsed as documents forming part of this Planning Permit.
2.
The developer is to comply with the conditions contained in the Submission to Planning Authority Notice which TasWater has required to be included in the planning permit, pursuant to section 56P(1) of the Water and Sewerage Industry Act 2008.
3.
The proposed property access must be installed in accordance with TSD-R03-v1.
Author: Position:
Alex Mountney Cadet Planner
Endorsed By: Position:
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Brian May Development Manager
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PAGE 63 Planning Authority Committee meeting Agenda 11 April 2016
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CLOSURE
There being no further business the Chairman declared the meeting closed at <insert time> pm.