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 14 September 2015, 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 9 September 2015
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 14 SEPTEMBER 2015 AT THE COUNCIL CHAMBERS AT 11:00AM Item
Page No.
1.0
APOLOGIES ............................................................................................... 1
2.0
DECLARATIONS OF INTEREST ........................................................................ 1
3.0
DELEGATED APPROVALS ............................................................................. 2
3.1
Planning Applications approved under Delegated Authority 1 August 2015 - 31 August 2015 (D386308) ................................................................................................................... 2
4.0
DEVELOPMENT REPORTS .............................................................................. 4
4.1
PA2015.0092 - 2 Lot Subdivision (One Additional Lot) - 100 North Street Devonport (D386255) .......................................................................................................................................... 4
5.0
CLOSURE ................................................................................................ 41
PAGE 1 Planning Authority Committee meeting Agenda 14 September 2015
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 14, September 2015 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 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
PAGE 2 Report to Planning Authority Committee meeting on 14 September 2015
3.0
DELEGATED APPROVALS
3.1
PLANNING APPLICATIONS APPROVED UNDER AUTHORITY 1 AUGUST 2015 - 31 AUGUST 2015
DELEGATED
ATTACHMENTS 1.
Delegated Approvals - 1 August 2015 - 31 August 2015
RECOMMENDATION That the list of delegated approvals be received.
Author: Position:
Jennifer Broomhall Planning Administration Officer
Endorsed By: Position:
ITEM 3.1
Brian May Development Manager
PAGE 3 Delegated Approvals - 1 August 2015 - 31 August 2015
ATTACHMENT [1]
PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY – 1.8.2015 - 31.8.2015 Application No. PA2015.0035
Location 56 Nielsens Road, Tugrah
PA2015.0075 PA2015.0077 PA2015.0078 PA2015.0079
79-83 Mersey Main Road, Spreyton 4-6 Doric Court, Quoiba 55-59 Don Road, Devonport 6 Enderly Court, Ambleside
PA2015.0080 PA2015.0081 PA2015.0083 PA2015.0085
217 Wrenswood Drive, Quoiba 228 Melrose Road, Aberdeen 13-19 Tarleton Street, East Devonport 66 Tugrah Road, Tugrah
PA2015.0086
2 Bay Drive, Quoiba
Description Sports and Recreation (Paintball facility) – assessment against performance criteria for the following provisions in Rural Resource zone: 26.3.1, 26.4.1 & 26.4.2 and provision E9.5.1 in the Traffic Generating Use and Parking Code (Signage - Permitted) Residential (multiple dwellings x 5) - assessment against Water and Waterways Code Subdivision and Consolidation Advertising Sign – assessment against Sign Code Residential (ancillary dwelling) - assessment against performance criteria for setbacks and building envelope Residential (store & carport extension) Residential (shed extension) Visitor Accommodation (storage shed) Residential (multiple dwellings x 2) - assessment against performance criteria against Traffic Generating Use and Parking Code Storage (shed)
ITEM 3.1
Approval Date 25/08/2015
11/08/2015 28/08/2015 19/08/2015 17/08/2015 17/08/2015 19/08/2015 28/08/2015 28/08/2015 25/08/2015
PAGE 4 Report to Planning Authority Committee meeting on 14 September 2015
4.0
DEVELOPMENT REPORTS
4.1
PA2015.0092 - 2 LOT SUBDIVISION (ONE ADDITIONAL LOT) - 100 NORTH STREET DEVONPORT File: 31399 D386255
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030:
2.1.1
Apply and review the Devonport Interim Planning Scheme as required, to ensure it delivers local community character and appropriate land use.
2.1.2
Provide high quality, consistent and assessment and compliance processes.
responsive
development
PURPOSE The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2015.0092.
BACKGROUND Planning Instrument: Applicant: Owner: Proposal: Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 Michell Hodgetts & Associates Pty Ltd Authorised Surveyors Mr TJ Leary & Mrs GF Leary 2 lot subdivision (one additional lot) Residential (Single dwelling) General Residential 23/09/2015
SITE DESCRIPTION The subject site is located on the northern side of North Street between Percy Street and Nixon Street. It also has a road frontage onto Chalmers Lane. The parent title is 1,346m 2 in area, generally rectangular in shape with a north south axis. The land falls from North Street to Chalmers Lane and the difference in levels is approximately 9.5m over the length of the block. The existing house on Lot 2 was constructed in 1959 and is proposed to remain on the proposed 640m2 lot. Figure 1 provides an aerial perspective of the land which is outlined in red. The view is looking toward the south east.
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PAGE 5 Report to Planning Authority Committee meeting on 14 September 2015
Figure 1 – Photo source, DCC Archives February 2009
APPLICATION DETAILS The applicant is seeking approval to divide the subject land and create an additional lot. The existing house lot proposed is 640m² in area and retains a frontage onto North Street. The proposed vacant lot with frontage onto Chalmers Lane is 705m². The details of the future residential development on this lot are not required as part of this application. The application also includes a comprehensive report from EnviroPlan dated August 2015 which discusses the merits of the proposal. Attachment 1. The authors conclude that what has been provided demonstrates that the proposal is furthered and supported by the relevant planning scheme development standards for subdivision in the General Residential zone. A summary of the relevant matters and further discussion on the merits of the proposal will be provided later in this report. The land was subject to a similar application in 2010. This application attracted six representations and was ultimately presented to Council in August 2010 where a conditional planning permit was granted. However even though the permit was extended it still failed to proceed and consequently lapsed before substantial commencement. There has also been a slight change in the proposed lot configuration between the two applications. The essential difference is that the current proposal includes a pedestrian link to North Street that will also contain essential underground services for the future house lot. Figure 2 below is an extract from the proposal plan and depicts the two proposed lots and the existing site conditions.
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PAGE 6 Report to Planning Authority Committee meeting on 14 September 2015
Figure 2 – Extract from proposal plan – Michell Hodgetts & Associates Pty Ltd, Drawing No.215096
PLANNING ISSUES The land is zoned General Residential under the Devonport Interim Planning Scheme 2013 (DIPS). The DIPS contains the various zone and code standards that have to be satisfied. In general terms compliance with the Acceptable Solutions (AS) of a particular standard means the application must be approved. However if the application cannot meet the AS then reliance on the Performance Criteria (PC) has to be satisfied to establish merit. Discretion is required in this instance and the established public exhibition protocol provides opportunity for those discretionary elements only to be subject to scrutiny and consequent third party appeal rights if those rights are exercised. The objective for subdivision in the General Residential zone is to ensure that the lots created are consistent with the purpose of the zone which is to provide for residential use where full infrastructure services are available or can be provided. This includes numerical standards to ensure that each lot is large enough and also configured properly to allow building envelopes to be created clear of easements and applicable zone setbacks for any future development. These Acceptable Solutions have been demonstrated and for all intents and purposes the subdivision is fit for the purpose of whatever development is permissible in the zone.
ITEM 4.1
PAGE 7 Report to Planning Authority Committee meeting on 14 September 2015
Notwithstanding the relevant AS and PC there is an overriding clause (9.5) in the DIPS that mandates all subdivisions to be discretionary anyway regardless of compliance with the AS. The zone standard is reproduced below and is similar in its application to all zones in the DIPS. Three tests apply and in this instance on the pre-application advice received the vacant lot is intended for residential use. The PC is therefore satisfied.
COMMUNITY ENGAGEMENT On 12/08/2015, 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 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 15/08/2015;
(b)
Making a copy of the proposal available in Council Offices from the 15/08/2015;
(c)
Notifying adjoining property owners by mail on 12/08/2015; and
(d)
Erecting a Site Notice for display from the 14/08/2015.
The period for representations to be received by Council closed on 28/08/2015.
REPRESENTATIONS One representation was received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. This was received from the owner of the adjoining property to the east and is reproduced below.
ITEM 4.1
PAGE 8 Report to Planning Authority Committee meeting on 14 September 2015
ITEM 4.1
PAGE 9 Report to Planning Authority Committee meeting on 14 September 2015
DISCUSSION The nine points of objection cover a broad range of issues. Without appearing entirely dismissive the Planning scheme is silent or has no relevance on most of the matters raised. Some comment on their relevance or otherwise is submitted below for consideration. Point 1 – Councils Draft Interim Residential Strategy 2008 encourages land to be developed in this manner instead of development to creep outside the urban fringe while land supply factors demand otherwise. Point 2 – Clause 10.4.9 of the DIPS prescribes a minimum frontage of 3.6m onto a road with a physical driveway access being included to comply. Lot 1 has a frontage of 20.9m onto Chalmers Lane. The Acceptable Solutions are deemed satisfied. Point 3 – Council’s Engineering Department have assessed this position and are satisfied that Chalmers Lane is adequate in terms of road issues including anticipated traffic flows, site visibility and parking. Point 4 – Although the future development on Lot 1 is not part of this application the owner is cognisant of the parking limitations and has indicated that off street parking will be included in their development. (The parking Code of the DIPS requires 2 spaces per dwelling). There is a strong likelihood that the occasional visitor may also park in North Street and utilise the pedestrian access to ease the Chalmers Lane situation as well as for convenience. Point 5 – This phrase is included as a goal in Council’s Strategic Plan 2009-2030. It says that: Through the integration of sustainable practices by ensuring Devonport’s viability socially, economically and environmentally, preserving our natural geography for future generations. Planned and sustainable management of energy, air, water and waste will assist in the delivery of a healthy environment.
ITEM 4.1
PAGE 10 Report to Planning Authority Committee meeting on 14 September 2015
This triple bottom line approach is not a specific planning scheme consideration. In many ways the goal underpins the strategic approach that Devonport is taking into ensuring supply and demand of residential land is kept balanced. Point 6 – This aspect of amenity and valuations is a subjective matter not addressed in the development standards for subdivision. Point 7 – This is another aspect of amenity often raised in opposition to a development application. While this is not a planning permit consideration the owner has advised during pre-application discussions that the design of the future house will consider the views from other properties in the design to minimise potential impacts. Point 8 – These points have been discussed previously. Point 9 – This is requesting that a road use and development strategy is required to support and complement any application in this locality. This is not a subdivision development standard in the literal sense however the question of frontage and access have been previously commented on and deemed satisfied.
FINANCIAL IMPLICATIONS No financial implications are predicted unless a subsequent Planning Appeal to the Tribunal is upheld and costs against Council for whatever reason.
RISK IMPLICATIONS Due diligence has been exercised in the preparation of this report and no associated risks are predicted.
CONCLUSION 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 matter. In summary, the application has demonstrated compliance with the applicable zone and code standards and nothing has been identified to warrant a negative recommendation.
ATTACHMENTS 1.
Enviroplan Report
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 PA2015.0092 and grant a Permit to develop land identified as 100 North Street, Devonport for the following purposes:
2 lot subdivision (one additional lot)
ITEM 4.1
PAGE 11 Report to Planning Authority Committee meeting on 14 September 2015
Subject to the following conditions: 1.
The subdivision is to be undertaken generally in accordance with the submitted plans referenced as Drawing No 215096 by Michell Hodgetts & Associates Pty Ltd dated 26/06/2015 a copy of which is attached and endorsed as a document forming part of this Planning Permit.
2.
The subdivider 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 to take all reasonable steps during the required civil works to minimise off site environmental effects occurring that might result in a nuisance. This includes air, noise and water pollution and doesn’t allow for burning of any waste materials.
4.
The subdivider is to install a 150mm diameter stormwater connection to the property boundary of Lot 1 in accordance with the municipal standards.
5.
The subdivider is to install a vehicular crossover to Lot 1 from Chalmers Lane in accordance with the municipal standards.
Note: The following is provided for information purposes. A plumbing permit is required for all plumbing service installations. Lot 1 is to be numbered as 21 Chalmers Lane. Lot 2 remains as 100 North Street.
Author: Position:
Shane Warren Planning & Environmental Coordinator
Health
Endorsed By: Position:
ITEM 4.1
Brian May Development Manager
PAGE 12 Enviroplan Report
ATTACHMENT [1]
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PAGE 40 Enviroplan Report
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PAGE 41 Planning Authority Committee meeting Agenda 14 September 2015
5.0
CLOSURE
There being no further business the Mayor declared the meeting closed at <insert time> pm.