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PAGE 199 Report to Planning Authority Committee meeting on 22 December 2014
4.2
DISP2014.04 & PA2014.0165 - DISP2014.04 - DISPENSATION - SET ASIDE PROVISIONS OF GENERAL INDUSTRIAL ZONE AND INSTEAD PROVIDE THE PROVISIONS OF COMMUNITY PURPOSE ZONE TO 2,020M2 OF LAND WHICH IS CURRENTLY HELD AT 18 STONY RISE ROAD, QUOIBA & 20-24 STONY RISE ROAD, QUOIBA & PA2014.0165 - BOUNDARY ADJUSTMENT AND DEVELOPMENT OF CREMATORIA AND CEMETERIES (NEW CREMATORIUM BUILDING) 18, 20-24 STONY RISE ROAD, QUOIBA File: 30125 D351255
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.
Strategy 2.1.3
Work in partnership with neighbouring councils, State Government and other key stakeholders on regional planning and development issues.
SUMMARY The purpose of this report is to enable Council’s Planning Authority Committee (PAC) to make a decision regarding an application for dispensation (DISP2014.04) and a planning permit (PA2014.0165) for 18 & 20-24 Stony Rise Road, Quoiba.
BACKGROUND Planning Instrument: Applicant: Owner: Proposal:
Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 GHD PTY LTD DENWAR PTY LTD Dispensation - set aside provisions of General Industrial zone and instead provide the provisions of Community Purpose zone to 2,020m² of land which is currently held at 18 Stony Rise Road, Quoiba Crematoria and cemeteries and Transport depot and distribution General Industrial & Community Purpose 06/01/2014
SITE DESCRIPTION The two lots subject to this application are located on the eastern side of Stony Rise Road, Quoiba. An aerial image of the site is produced as Figure 1. Currently 20-24 Stony Rise Road operates as funeral parlour and crematorium while 18 Stony Rise Road is utilised as a transport depot in conjunction with 14-16 Stony Rise Road. Both lots are owned by Denwar Pty Ltd. The allotments under investigation are surrounded by pasture to the north zoned General Industrial, further General Industrial land to the south and a TasRail corridor to the east. ITEM 4.2
PAGE 200 0 Report to Plan nning Authority y Committee meeting m on 22 December 2014
Mersey Va ale Lawn Cemetery C which is zo oned Com mmunity Purpose is situ uated ove er the road d to the west.
Figure 1 - Aerial ima age of sub bject sites o outlining prroperty addresses (D Dekho Janu uary 2013)
SITE HISTORRY A title sea arch indica ates that bo oth lots are e subject to o individua al Part 5 Ag greements under the e Land Use Planning and a Approvals Act 19 993 (LUPAA A). These are a briefly d discussed below.
20-24 Ston ny Rise Roa ad The agree ement pe ertaining to o this prop perty relates to the developm ment of the chapel,, crematoriia and car c parkin ng which h received d plannin ng approvval in 20 002 (referr PA2002.01 194). The agreement required d a sched dule of wo orks for sta ages 1 and d 2 of the e developm ment and also a had re equirementts such as landscapin l ng and infrrastructure e works. 18 Stony R Rise Road The agree ement wa as execute ed as partt of a sub bdivision application a n back in 2001(referr SA2001.00 001). The agreement a t included stipulation ns revolving g around in nfrastructure works. Both these Part 5 Agreement A ts are con nsidered not relevan nt to the d determinattion of thiss on. applicatio
APPLICATIO ON DETAILS The appliication is for a com mbined diispensation n and de evelopmen nt application. The e applicatio on is lodge ed in accordance wiith the pro ovisions of LUPAA L und der Section n 30 which h enables C Council to consider an a applica ation for dispensatio d n as well a as the dev velopmentt proposed on the disspensation n site.
ITEM 4.2
PAGE 201 Report to Plan nning Authority y Committee meeting m on 22 December 2014
Dispensattion Compo onent The applic cation is se eeking to set aside tthe provisions of the ‘General Industrial’ zone and d instead apply the provisions p of the ‘Co ommunity Purpose’ zone z to th he 2,020m2 parcel off olved with the boun ndary adju ustment which w has been app plied for as a part off land invo developm ment applic cation. The intenttion of the dispensattion is to c hange the e zoning to o Commun nity Purposse to allow w the devellopment of o ‘Cremattoria and c cemeteriess’ which is a permisssible use in n this zone e but is proh hibited und der the current zonin ng of Gene eral Industrrial. Figure es 2 & 3 de emonstrate e the existin ng zoning map m and the propose ed zoning change.
Comm munity Purrpose zone e Genera al Industriall zone
Figu ure 2 - Currrent zoning g under De evonport Interim Plann ning Schem me 2013 (D DIPS)
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PAGE 202 2 Report to Plan nning Authority y Committee meeting m on 22 December 2014
Co ommunity Purpose zo one General Indusstrial zon ne
Propo osed 2,020m m2 area subjec ct to dispe ensation an nd development application n
Figure 3 - Pro oposed zon ning alterattion Permit Ap pplication Componen C nt The applic cant is app plying for approval a fo or the follow wing: 1.
A bo oundary ad djustment involving tthe transfe er of appro oximately 22,020m² of land from m 18 Sttony Rise Road R to 20--24 Stony R Rise Road.
2.
Deve elopment of a buildiing to acc commodatte a new cremator c a and store. This T will be e loca ated on the e area subjject to the e boundary y adjustme ent.
Note - A c complete copy of th he applica ation docu umentation n is provide ed as Attachment 1. Parts of th he applica ation includ ding planss and subm missions ha ave been u used throu ughout the e report.
COMMENTA ARY The application willl first invesstigate the e merits of the dispe ensation ap pplication and then n e developm ment application. assess the
DISPENSATIION CONSID DERATIONS The appliicant (GHD) has provided a comprehensive asssessment o on the disspensation n applicatio on. This ha as addressed the ob bjectives, desired d futu ure charac cter statem ments and d also the a applicable e uses in th he Comm unity Purpose zone. Council’ss Development and d Assessmen nt Review w Team ha ave thorou ughly revie ewed the submissio on and rec commend d Council’s Planning Authority Committe e in its rolle as a Pla anning Au uthority ap pprove the e
ITEM 4.2
PAGE 203 3 Report to Plan nning Authority y Committee meeting m on 22 December 2014
dispensation applic cation and exhibit th e application. Reassons for ap pproval arre outlined d ong with discussion. below alo -
The 2020m2 pa arcel of land currenttly located d at 18 Sto ony Rise Ro oad is vacant and iss he transporrt depot operation currently oc ccurring on n the site. not rrequired as part of th
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The applicatio on for dispe ensation iss not for a spot zoning. The C Community y Purposess e already overlays 20-24 Stonyy Rise Road d which adjoins the subject la and to the e zone westt and the Mersey M Valle Lawn Ce emetery opposite the e subject ssite.
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The dispensatio on will allo ow for an e existing com mmunity fa acility to b be better utilised and d not separate the ccordance t crema atorium an nd funeral chapel. This T is in ac e with the e inten nt of the Community Purpose zo one.
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The llocal area objectives of the Co ommunity Purpose zo one are the e following g:
Figure 4 – Local Area A Objec ctives of th he Community Purposse zone noted that b (vi) inc cludes the disposal of o human remains. r A As the prop posal is forr It is n the d development of a ne ew cremattorium it is consistent with the lo ocal area objectivess of th he zone. -
The desired fu uture chara acter state ements of the Community Pu rpose zone illustrate e that the zone can c be loc cated with hin a range e of locatio ons and difffering zones. As the e dispe ensation iss for a minor bound dary exten nsion of a zone alre eady locatted in the e immediate vicinity it is co onsidered a appropriatte.
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e permissib ble and prohibited u ses in the respective e Listed below iss a comparison of the es. Uses that are proh hibited in b both zoness have not been inclu uded. zone NPR – No Perm mit Required d P - Permitted Discretiona ary D–D X–P Prohibited # - In ndicates usse is subjec ct to qualifiiers
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PAGE 204 Report to Planning Authority Committee meeting on 22 December 2014
Table 1 – Comparison Table of permissible uses in the General Industrial zone and Community Purpose zone Use Category
General Industrial
Community Purpose
Bulky good sales
D#
X
Business services
and
professional X
Community meeting entertainment
P# or D#
and X
P
Crematoria and cemeteries
X
P
Custodial facility
X
P
Educational care
and
occasional D#
Emergency services
P
P
P
Equipment and machinery sales P and hire
X
Food services
D#
D#
Hospital services
X
P
General retail and hire
X
D#
Manufacturing and processing
P
D#
Natural and management
cultural
values NPR#
NPR# or D
Passive recreation
X
NPR# or D
Recycling and waste disposal
P#
X
Research and development
P# or D
P#
Residential
X
P#
Resource processing
D
X
Service Industry
P
D#
Storage
P
X
Tourist Operations
X
P#
Transport depot and distribution
X
P#
Utilities
P# or D
P# or D
Vehicle fuel sales and service
P#
X
Vehicle parking
X
P#
Visitor accommodation
X
P# or D
It is illustrated through Table 1 that some uses can operate in both zones and other uses can only operate in one of the zones. Council have potential to limit what uses can be permissible on a site subject to a dispensation. For instance, Council could recommend the site be approved for the Community Purpose zone but have a ITEM 4.2
PAGE 205 Report to Planning Authority Committee meeting on 22 December 2014
stipulation to only allow the use and development of ‘Crematoria and cemeteries’. However in this circumstance this is deemed unnecessary as the existing chapel and crematoria site is zoned Community Purpose and has no land use restrictions and the dispensation site is a minor parcel of land. -
The site is not located within a Conservation Area or is individually heritage listed under the Heritage Code (E5) of the DIPS. It is also not listed on the Tasmanian Heritage Register and is not known to contain any aboriginal heritage values.
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Finally it is noted that the Community Purpose zone and the General Industrial zone will still share a common boundary it is just that the dispensation application (if approved) will slightly alter the zone boundary and this is considered appropriate.
STATUTORY REQUIREMENTS Before deciding to exhibit a dispensation Council must be satisfied that the application: (a)
would not conflict with a common provision in the interim planning scheme that applies to the area of land; and
(b)
would further the objectives set out in Schedule 1; and
(c)
would be in accordance with all State policies; and
(d)
would be in accordance with the regional land use strategy for the regional area in which the land is situated; and
(e)
is consistent with the safety requirements set out in the standards prescribed under the Gas Pipelines Act 2000; and
(f)
as far as practicable, will not conflict with a use, or development, in respect of land next to the land to which the application relates, that is a use or development permissible under the relevant interim planning scheme.
The applicant has provided a submission in support of the statements mentioned above. This is attached at the end of the report forming part of the planning documentation. Nothing out of the ordinary has been identified and the PAC is recommended to support the submission under Section 30S (2) and Section 30W (5) of LUPAA.
ASSESSMENT OF DEVELOPMENT APPLICATION As discussed in the Application Details section of the report the applicant is seeking approval for the following: 1.
A boundary adjustment involving the transfer of approximately 2,020m² of land from 18 Stony Rise Road to 20-24 Stony Rise Road. A copy of the boundary adjustment is shown below. Lot 2 (1.028ha) will adhered with Lot 2A and have an overall size of 1.23ha. Lot 3 will reduce in area to 1.309ha.
ITEM 4.2
PAGE 206 6 Report to Plan nning Authority y Committee meeting m on 22 December 2014
Figu ure 6 - Cop py of Subdiivision Plan n submitted d by applic cant 2.
Deve elopment of a building to acco ommodate a new crematorium m and storre. This willl be lo ocated on n the area subject to o the boun ndary adjusstment (Lo ot 2A shown in Figure e 6). The 15m x 8m build ding will b e construc cted from colorbond d cladding g, have a ght of 3.7m m and will be setba ack 12.5m m to the closest c bou undary wh hich is the e heig prop posed new w rear bou undary. Th he applica ant has sta ated that tthe crema atorium willl not necessarily increasse the am mount of activity on the ssite. Currently the e matorium is located within the e chapel building b an nd cannott be opera ated whilstt crem serviices are conducted. If the d developme ent is apprroved and d precedes the new w crem matorium will w allow to o the two a activities to o occur sim multaneoussly.
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PAGE 207 7 Report to Plan nning Authority y Committee meeting m on 22 December 2014
Fiigure 7 - Site Plan of Proposed P C Crematoriu um Building g on propo osed new lot l
PLANNING ISSUES The applic cation for both the boundary adjustment and the e new crem matorium building iss assessed u under the provisions of the Com mmunity Purpose zon ne and also o any relev vant code e under DIP PS. The applic cant has provided p a response against th he applicable develo opment sta andards off DIPS and these hav ve been re eproduced d from the e next pag ge. These e have been closely y examined d and noth hing extrao ordinary ha as been id dentified. The PAC iss advised to supportt this sectio on of the su ubmission.
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PAGE 208 8 Report to Plan nning Authority y Committee meeting on 22 December 2014
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PAGE 219 Report to Planning Authority Committee meeting on 22 December 2014
FINANCIAL IMPLICATIONS There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT As the proposal is part of a section 30R application it is yet to be advertised. Should the proposed dispensation be certified by Council both the dispensation and planning application will be placed on public display.
DISCUSSION Overall it is considered the application of the Community Purpose zone and subsequent development of a crematorium is considered the most appropriate response to the requirements of the community and improved use of the land. Due to the location of the development no amenity issues are envisaged and the development will enable the site to be more efficiently operated. Both aspects of the proposal have been assessed by Council’s Development Assessment Review Team and the application was referred to TasWater for their comment. TasWater have provided an exemption for the proposal as per Attachment 2.
CONCLUSION The proposed dispensation and associated planning application are in keeping with all necessary statutory requirements. The proposal will not negatively impact the surrounding area and will benefit the local community. The PAC is recommended to support the application.
ATTACHMENTS 1.
Application
2.
TasWater Exemption
RECOMMENDATION That in accordance with section 30T of the Land Use Planning and Approvals Act 1993 the Planning Authority grants a permit for PA 2014.0165 for a Boundary Adjustment and development of Crematoria and cemeteries (new crematorium building) in accordance with section 30R of the Land Use Planning and Approvals Act 1993, subject to the following conditions: 1.
The Use and Development is to proceed generally in accordance with the submitted documentation by GHD obo Dennis Waterman dated November 2014 and referenced as 32/17399.
2.
No covenants are to be placed on the schedule of easements that contradict the Devonport Interim Planning Scheme 2013.
And secondly That under Section 30S of the Land Use Planning and Approvals Act 1993 the Planning Authority has determined: a)
to support the application for dispensation to set aside provisions of the General Industrial zone and instead provide provisions of the Community Purpose zone to 2,020m2 of land which is currently held at 18 Stony Rise Road, Quoiba; and ITEM 4.2
PAGE 220 Report to Planning Authority Committee meeting on 22 December 2014
b)
place DISP2014.04 on public exhibition for a 3 week period in accordance with Section 30U of the Land Use Planning and Approvals Act 1993.
Author: Position:
Alex Mountney Cadet Planner
Endorsed By: Position:
ITEM 4.2
Brian May Manager Development Services
&
Health
P AGE 221 Application A
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P AGE 297 TasWater T Exe emption
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5.0
CLOSURE There being no further business the Chairman declared the meeting closed at
ITEM 5.0
pm.