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 2 May 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 27 April 2016
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 2 MAY 2016 AT THE COUNCIL CHAMBERS AT 11:00AM Item
Page No.
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APOLOGIES ............................................................................................... 1
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DECLARATIONS OF INTEREST ........................................................................ 1
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DELEGATED APPROVALS Nil
4.0
DEVELOPMENT REPORTS .............................................................................. 2
4.1
PA2016.0043 Two lot subdivision (one additional lot) - 214 & 228 Melrose Road Aberdeen (D417388)....................................................................................................................... 2
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CLOSURE ................................................................................................ 68
PAGE 1 Planning Authority Committee meeting Agenda 2 May 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 2, May 2016 commencing at 11:00am. PRESENT Present Chairman
Apology
Ald S L Martin (Mayor) Ald C D Emmerton Ald G F Goodwin Ald J F Matthews Ald L M Perry
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 APOLOGIES 2.0 DECLARATIONS OF INTEREST
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4.0
DEVELOPMENT REPORTS
4.1
PA2016.0043 TWO LOT SUBDIVISION (ONE ADDITIONAL LOT) - 214 & 228 MELROSE ROAD ABERDEEN File: 32369 D417388
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.1.1
Apply and review the Devonport Interim Planning Scheme as required, to ensure it delivers 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 PA2016.0043.
BACKGROUND Planning Instrument: Applicant: Owners: Proposal: Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 Michell Hodgetts & Associates Pty Ltd Authorised Surveyors Mr J De Haan & Mrs EJ De Haan, Mr TA Bassett & Mrs JM Bassett Two lot subdivision (one additional lot) Residential Rural Living 06/05/2016
SITE DESCRIPTION
The subject site is identified by Certificate of Title (CT) 10983/2 with the property address of 228 Melrose Road, Aberdeen. The subject lot compromises a land area of 10.07ha and is an internal lot that is accessed from a shared access strip located further north along Melrose Road. In addition, the property has a benefiting 12m wide right-of-way easement located over 218 Melrose Road (CT 145707/3) which is currently unutilised. Located on the property are an existing dwelling, various outbuildings and a horse arena. The dwelling is located on a plateau with the eastern quadrant site of the lot having a fall of approximately 30m to the north-east. For information purposes, the title plan and an aerial image of the site are reproduced on the following page. Lastly, 214 Melrose Road is also relevant to the application due to a right-of-way proposed over this parcel of land (refer to Application Details).
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Title Plan of Subject Site - 10983/2 (The List, Tasmania)
Aerial Image of Subject Site (Dekho, 2013)
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APPLICATION DETAILS
The applicant is seeking approval to subdivide the subject land into 2 lots. Lot 1 will have an area of 2.15ha and will utilise access via the 12m existing right-of-way located over 218 Melrose Road. In addition, a minor right-of-way extension is proposed over 214 Melrose Road (CT 10816-1). Lot 2 will have an area of 7.92ha and contain the existing dwelling and various outbuildings. The lot will be accessed from the existing 7.7m access strip. As part of the application documentation a comprehensive planning assessment has been provided by Enviro Plan. The supporting submission and proposal plans are attached as Attachment 1. For ease of perusal, the subdivision plan submitted by the applicant is reproduced below.
Subdivision Proposal Plan submitted by applicant
PLANNING ISSUES The land is zoned Rural Living under the Devonport Interim Planning Scheme 2013 (DIPS). A zoning map of the site and surrounds is provided on the following page. The intent of the Rural Living zone is to provide for residential use or development on large lots in a rural setting where services are limited and to provide for compatible use and development that does not adversely impact on residential amenity. There are no Acceptable Solutions for subdivision (unless for a minor boundary adjustment under clause 9.3 of the DIPS) and therefore, the Performance Criteria are automatically triggered. In addition, the subdivision is also subject to the Performance Criteria under clause 13.4.8 – Reticulation of an electricity supply to new lots on a plan of subdivision as overhead power is proposed rather than underground. Statements of compliance against the applicable standards for subdivision within the Rural Living zone and any applicable Code or specific Area Plan under the DIPS has been provided in the supporting information prepared by EnviroPlan. The commentary
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contained therein is supported with appropriate permit conditions to be included as applicable.
Zoning of Subject Site (outlined) and surrounds (The List, Tasmania)
COMMUNITY ENGAGEMENT On 11/03/2016, 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 12/03/2016;
(b)
Making a copy of the proposal available in Council Offices from the 12/03/2016;
(c)
Notifying adjoining property owners by mail on 11/03/2016; and
(d)
Erecting a Site Notice for display from the 11/03/2016.
The period for representations to be received by Council closed on 31/03/2016.
REPRESENTATIONS
One representation was received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. The representation was received from the property owners of 218 Melrose Road. The representation is reproduced on the following page along with relevant comments.
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Representation lodged by the property owners of 218 Melrose Road
As can be seen, the representation highlights concerns regarding the existing 12m right-ofway that will become the access for lot 1. Currently, the right-of-way is not utilised however it has burdened the representors’ property since 1978. It is acknowledged the access is located in close proximity to the residential dwelling at 218 Melrose Road, however, as it is existing, Council has no jurisdiction to refuse the access arrangement for lot 1. That is, the current landowners of 228 Melrose Road have a right to access their property from this right-of-way even if the subdivision didn’t go ahead.
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 is considered to appropriately comply with the applicable standards of the DIPS and as a result, a positive recommendation is warranted.
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ATTACHMENTS 1.
Attachment 1 - PA2016.0043 - 214 & 228 Melrose Road Aberdeen
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 PA2016.0043 and grant a Permit to use and develop land identified as 214 & 228 Melrose Road, Aberdeen for the following purposes: ď€
Two lot subdivision (one additional lot)
Subject to the following conditions: 1.
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: a)
Proposed Subdivision - Drawing no. 215185, dated 8/4/16 by Michell Hodgetts & Associates.
b)
Bushfire Report & Bushfire Hazard Management Plan, dated 9/2/2016 by EnviroPlan.
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 subdivider is not to include any covenants within the Schedule of Easements that by their intended purpose are inconsistent with the relevant zone and code standards of the Devonport Interim Planning Scheme 2013.
Author: Position:
Alex Mountney Cadet Planner
Endorsed By: Position:
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Brian May Development Manager
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Annexure A - Title Documents
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Annexure C - Proposal Plans
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Annexure D - Fire Hazard Management Plan
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PAGE 68 Planning Authority Committee meeting Agenda 2 May 2016
5.0
CLOSURE
There being no further business the Chairman declared the meeting closed at <insert time> pm.