NOTIC CE OF ME EETING Notice is hereby y given th hat a Plan nning Authority Co ommittee e 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 25 August 20 14, comme encing at 11:00am. The me eeting will be b open to o the publi c at 11.00a am. ALIFIED PERS SONS QUA In acco ordance with w Section n 65 of the e Local Go overnment Act 1993, I confirm that t the 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
20 Aug gust 2014
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 25 AUGUST 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 ...................................................................................3
4.1
PA2014.0098 Permitted - Residential (multiple dwelling) and Discretionary setback and building envelope & 2 lot subdivision - 2 McArthur Drive (D338428) ... 3
4.2
PA2014.0100 - 3 Lot Subdivision and Residential (single dwelling) - assessment against performance criteria for setback and building envelope - 52-54 Wright Street, East Devonport (D338659) ................................................................................ 21
5.0 CLOSURE ................................................................................................... 43
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, 25 August 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
The following apology was received for the meeting. Ald Kent
Leave of Absence
2.0 DECLARATIONS OF INTEREST
Apology √
PAGE 1 Report to Planning Authority Committee meeting 25 August 2014
3.0
DELEGATED APPROVALS
3.1
PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY 15 JULY 2014 - 15 AUGUST 2014 PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY – 15.7.2014 – 15.8.2014
Application No. PA2014.0067
Location 17 Hedstrom Drive
PA2014.0075
11 Woodland Grove
PA2014.0078 PA2014.0079
10-12 Middle Road 32 Forest Heights Drive
PA2014.0080
28 Harris Road
PA2014.0081
4 Christensen Street
PA2014.0082
51 Formby Road
PA2014.0083 PA2014.0084
7 Redruth Court 253-255 Steele Street
PA2014.0085
3 Roberton Close
PA2014.0086
71 Drake Street
PA2014.0088
2 Clare Court
Description
Approval Date Residential (Single Dwelling & Garage) - assessment against performance 17.7.14 criteria for setbacks and building envelope, Bushfire Prone Areas Code and change in Ground Level Code. Residential (single dwelling) - assessment against performance criteria for 17.7.14 suitability of a site, location and configuration of development and acoustic and visual privacy Residential (Multiple Dwellings - two units) 17.7.14 Residential (Dwelling and Shed) - assessment against performance criteria for 15.8.14 location and configuration of development and suitability of a site. Residential (Dwelling and Shed) - assessment against performance criteria for 21.7.14 location and configuration of development and suitability of a site Residential (Garage) - assessment against performance criteria for setbacks 24.7.14 and building envelope Permitted - Change of Use (Business and professional services - photography 21.7.14 studio) - Discretionary - assessment against Traffic Generating Use and Parking Code (less parking spaces provided than minimum requirement) Residential (Carport) 16.7.14 Residential (Carport Extension) - assessment against performance criteria for 28.7.14 setbacks and building envelope Residential (shed) – assessment against performance criteria in clauses 13.4.1, 21.7.14 13.4.2 & 13.4.3 Residential (Garage) - assessment against performance criteria for building 24.7.14 envelope Residential (Garage) - assessment against performance criteria for setback and 12.8.14 building envelope
ITEM 3.0
PAGE 2 Report to Planning Authority Committee meeting 25 August 2014
PA2014.0089
61 Hiller Street
PA2014.0090
1A Brooke Street
PA2014.0092 PA2014.0093 PA2014.0096
142-144 Tarleton Street 77 Mersey Main Road 6 Parker Street
Residential (Shed) - assessment against performance criteria for setback & building envelope Residential (Dwelling) - assessment against performance criteria for setback and building envelope. Service Industry - Car Wash Facility Food Services (addition) Visitor Accommodation
RECOMMENDATION That the list of delegated approvals be received.
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5.8.14 31.7.14 28.7.14 04.8.14 14.8.14
PAGE 3 Report to Plan nning Authority y Committee meeting m 25 Aug gust 2014
4.0 4.1
DEVELOPMENT REPORTS
P PA2014.00 098 PERM MITTED ‐ RESIDEN NTIAL (M MULTIPLE DWELLIN NG) AND D D DISCRETIO ONARY ‐ SETBACCK AND BUILDIN NG ENVEELOPE & 2 LOTT SSUBDIVISIION ‐ 2 MCARTHUR R DRIVE File: 2960 04 D338428 8
RELEVANCEE TO COUNC CIL’S PLANS & POLICIES Council’s Strategic Plan P 2009-2 2030: Strattegy 2.1.1
Apply and a review w the De evonport Interim Pla anning Sc cheme ass required to ensurre it deliv vers local commun nity chara acter and d appropriiate land u use
Strattegy 2.1.2
Provide high qua nsistent an nd respon nsive dev velopmentt ality, con assessme ent and co ompliance processess
SUMMARY The purpo ose of this report is to o enable C Council’s Planning P Au uthority Co ommittee to t make a decision rregarding planning p application a n PA2014.0098.
BACKGROUUND Planning IInstrument: Applicantt: Owner: Proposal: Existing Usse: Zoning: Decision D Due:
Dev vonport Intterim Plann ning Schem me 2013 TFE Builders Ptty Ltd Mr AW A Kaye & Ms BJ Do ouce Perm mitted - Re esidential (multiple dw welling) Disc cretionary - setback and a buildin ng envelop pe & 2 lot subdivision Vac cant land Gen neral Resid dential 03/0 09/2014
SITE DESCRRIPTION The site is located on the south-west s er of the Clayton C a and McArtthur Drivess ern corne intersectio on. The lot has an area a of 130 07m2 and frontage of o 13.41m o onto McArthur Drive e and 9.51m m onto Cllayton Driv ve. The si te is relatiively flat and a locate ed within a recently y develope ed subdivisiion. Take up u of the ssubdivision has been swift with h houses approved on n all lots surrrounding the t subjec ct site exce ept one. Figures 1 and a 2 show w the title for the lott and an ae erial view. One dwelling has alrready bee en approve ed for the llot.
Figure 1 – TTitle plan of subject site e
ITEM 4.1
PAGE 4 Report to Plan nning Authority y Committee meeting m 25 Aug gust 2014
Figure 2 - Aerial vie ew of subjec ct site. Man ny of the lots in the surro ounding area are currrently being g developed.
APPLICATIO ON DETAILS The appliicant is se eeking app proval for a 2 lot subdivision along witth a 2 un nit multiple e dwelling d developme ent. Appro oval is also o sought fo or the gara age of the second un nit which iss to be con nstructed closer c than 4m to the rear boun ndary. Ultimately y the appliicant wishe es to have e two sepa arate lots, each con ntaining a house. In n order to a achieve thiis an applic cation for b both a sub bdivision an nd multiple e dwellingss has been n made. TThis will allow the constructio c on of both h houses prior p to th he subdivission being g finalised. h (that marked existing dwelling) ha as alreadyy been gra anted (forr Approval for one house which no planning permit wa as required ) howeverr were the applicantt to simply subdivide e the lot the ey would be b unable e to constrruct another dwelling g until all ssubdivision work wass finalised a and titles had been issued byy the Reco order of Tiitles. By a applying fo or multiple e dwellings the applic cant is able e to constru uct both dwellings d on n the existiing title.
Figure e 3 - Proposa al plan
ITEM 4.1
PAGE 5 Report to Plan nning Authority y Committee meeting m 25 Aug gust 2014
PLANNING ISSUES The land is zoned General Ressidential un nder the De evonport In nterim Plan nning Sche eme 2013. pose of th he zone is to pro ovide for residentia al use or developm ment thatt The purp accommo odates a range r of dwelling d ty pes at sub burban densities, whe ere full infrrastructure e services a are availab ble or can be b provide ed. Residentia al develop pment in th he form off multiple dwellings d is a permittted use in n the zone e provided all accepttable soluttions can b be met. In n this case the propo osal complies exceptt for the pro oposed ga arage for Unit U 2 whic ch is closerr than 4m to the rea ar boundarry and the e location o of the wastte storage area. In instanc ces where the acceptable sol utions can nnot be met m the pro oposal mu ust comply y with the re elevant pe erformance e criteria a and the application becomes b d discretiona ary. A subdivission is a discretionar d ry use in th he zone and a must satisfy all re elevant ac cceptable e solutions a and perforrmance criiteria. The proposal satisfies s all relevant a acceptable solutionss in regard to lot size, orientation n, services and the lik ke. ant perform mance critteria from the planning schem me are reprroduced below b with h The releva commentts.
ITEM 4.1
PAGE 6 Report to Plan nning Authority y Committee meeting m 25 Aug gust 2014
The propo osed garage is grea ater than 2 2.4m in height and therefore m must be se etback 4m m from the rear boun ndary. It iss proposed d to have a setback of 2.5m and there efore mustt comply w with the perrformance e criteria off clause 10.4.2 P3. The siting of the garrage will no ot cause u unreasonab ble loss of amenity to o the lot ad djacent to o the rear b boundary by b reducing sunlight to habitab ble rooms as a the hou use approv ved for the e lot is locatted approximately 22m from th he commo on bounda ary. Any ovvershadow wing of the e private o open spac ce will also o be min imal given n the amount of p private op pen space e provided.. The sam me applies to the lott to the so outh which h also hass a large amount a off private op pen space e. The pitc ch of the ro oof furtherr ensures th hat oversh hadowing will w not be e an issue. e of the building iss that of an avera age garag ge and will w provide e The bulk and scale n the proposed unit a and house to the west. separation between ITEM 4.1
PAGE 7 Report to Plan nning Authority y Committee meeting m 25 Aug gust 2014
e storage area prop posed for the units is located d within 4.55m of the frontage.. The waste There is su ufficient sp pace for th he area to o the west, adjacent to the loc cation show wn on the e plans. A c condition will w be placed on the e permit to o ensure th he area is m moved to 4.5m from m the fronta age and is screened appropriattely.
ITEM 4.1
PAGE 8 Report to Plan nning Authority y Committee meeting m 25 Aug gust 2014
The propo osed lots are intended for reside ential use.
The intern nal lot is required r as a a resultt of the established e d pattern of lots an nd will nott negatively y impact on o adjacen nt land.
COMMUNITTY ENGAGEM MENT On 23/07 7/2014, Co ouncil rece eived an a application 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 26/077/2014;
(b)
Makiing a copy y of the pro oposal ava ailable in Council C Offfices from tthe 26/07/2 2014; ITEM 4.1
PAGE 9 Report to Planning Authority Committee meeting 25 August 2014
(c)
Notifying adjoining property owners by mail on 24/07/2014; and
(d)
Erecting a Site Notice for display from the 25/07/2014.
The period for representations to be received by Council closed on 08/08/2014.
REPRESENTATIONS Three representations were received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. The representations were received from Mr Errol Stewart, the developer of the subdivision, Mr Nicholas Jones & Ms Sarah Stantiall who own the adjacent lot to the north and Ruthie & Paul Cassidy who own the adjacent lot to the south. Each representation forms part of the attachments of the report. The issues raised in each representation and comments are provided below. Errol Stewart’s Representation Issue
Comment
Exceeds the built form by allowing two dwellings and a shed.
Multiple dwellings are permitted in the zone.
Detracts from the general amenity of the area.
There is sufficient land to accommodate the proposal which is in keeping with the requirements of the zone.
It will be a busy space with dual drives on one allotment near the Clayton and McArthur Drive intersection.
The location of the driveways complies with the relevant engineering standards however a condition will be placed on the permit to consolidate them into one dual width driveway.
Lot 2 only has 4.5m of road frontage which is adverse to all planning regulations.
The minimum frontage required is 3.6m.
There were a number of lots provided for unit development and this is not one of them.
Multiple dwellings are a permitted use on the site.
Nicholas Jones’ and Sarah Stantiall’s representation Issue
Comment
Considering the number of small lots and dwellings already approved for development in this area in recent months, the intended amenity and desired future character of the site will be compromised if this planning application is approved.
One of the desired future character statements listed in the planning scheme for the General Residential zone is that the area provide choice and diversity in the design, construction, and affordability of buildings. Allowing a range of lot sizes and building forms actually supports this statement, rather than compromising it.
A distinct lack of adequate acoustic privacy and increase to noise levels will be created due to close proximity of multiple dwellings and multiple outdoor car parking spaces near to residential boundaries.
The subject site is located in a General Residential zone. One aspect of the zone is that it is expected that neighbours can be heard at times. The representors’ approved dwelling is located at least 2m closer to the shared boundary than the proposed dwellings. The future character statements of the zone call for site coverage that retains sufficient external ground area for recreation, service activity, and vehicle parking. This implies that it is expected that cars be parked outdoors rather than solely within garages.
ITEM 4.1
PAGE 10 Report to Planning Authority Committee meeting 25 August 2014
The proposed rubbish bin area will not be consistent with the rest of the streetscape.
As discussed earlier the waste storage area will need to be relocated.
The setback and building envelope will not be consistent with the rest of the streetscape.
The setbacks and building envelope in relation to the streetscape are consistent with the surrounding area. In regard to the rear setback a number of other proposals in the area have been approved where a reduction in rear setback was sought.
The proposed shed will cause ‘shading’ and therefore have a detrimental impact to our access of daylight and sunlight on our private open space.
The representors’ property is located to the north of the subject site and therefore it is not possible for the proposed shed to impact on their property, given it is located on the southern side of the subject site.
Does not comply with covenants listed on the schedule of easements for the property.
Council has no jurisdiction over these covenants. The proposal complies with the planning scheme.
Level of community expectation that subdivision would contain dwellings consistent with the surrounding area of Clayton Drive, Gibson Court and Sheffield Main Road.
The proposal is consistent with the surrounding area which contains single and multiple dwellings in a variety of sizes and materials. There are unit developments in Clayton Drive, Gibson Court and Sheffield Main Road.
Likely to cause house prices to fall.
This is not a planning consideration.
Suggested conditions to be placed on the permit
As discussed previously the proposed waste storage area must be relocated as it is not 4.5m from the frontage.
·
The proposed rubbish bin area at the front of the property to be removed altogether;
·
Dwelling 2 to be increased in size to a minimum of 120 square metres in order to meet the covenants of the site
Dwelling 2 complies with the requirements of the planning scheme and were the garage and dwelling to be under one roof the proposal would have an area of 154m2, well in excess of the covenant’s requirement. It seems unreasonable to require someone include a garage in the same building as the dwelling if they do not wish to do so.
Ruthie and Paul Cassidy’s Representation This representation is essentially the same as that provided by Nicholas Jones and Sarah Stantiall. Comments have only been provided on additional points raised. Issue
Comment
The length and layout of the proposed driveway for lot 2 lends concerns for reversing a long stretch of drive without an appropriate turning head. The proposed shed will cause ‘shading’ and therefore have a detrimental impact to our access of daylight and sunlight on our private open space.
There is sufficient room to reverse in front of the parking area on lot 2. Any overshadowing caused by the shed will be minimal given the wall height of 2.5m, the pitch of the roof and the setback from the common boundary (which complies with the requirements of the scheme). The shed actually has less impact on the private open space of their lot in its current location than it would have were it to comply with the acceptable solutions
ITEM 4.1
PAGE 11 Report to Planning Authority Committee meeting 25 August 2014
and be setback 4m to the rear boundary. Approval of the proposal will open the door to similar planning and development in the area.
Each application is assessed on its merits and should proposals comply with the requirements of the planning scheme, as this proposal does, they will be approved.
Suggested conditions to be placed on the permit:
Moving the shed to the northwest of the site would not result in compliance with the acceptable solutions. The location of the shed in proximity to the southern boundary is permitted.
·
The proposed shed be moved to the NW boundary of the property or alternatively directly behind dwelling 2;
·
The planned car parking space on site 2 and directly behind site 1 be removed altogether and turned into private open space with the driveway for site 2 being extended to access the shed for undercover car parking behind the proposed residence 2.
There is no reason to remove the proposed parking area as there is sufficient private open space provided for lot 2.
DISCUSSION A number of issues have been raised by the representors however, other than the issue of waste storage areas, they have no merit in regard to the planning scheme. As the proposal can comfortably satisfy either the acceptable solutions or performance criteria it is deemed appropriate that the development be approved. The proposal was referred to TasWater for assessment. Conditions have been provided which must be included with an approval.
FINANCIAL IMPLICATIONS No financial implications are predicted.
CONCLUSION The proposal has been assessed by Council’s Development and Assessment Review Team, along with TasWater, and can be approved with conditions.
ATTACHMENTS 1.
Representation email from E Stewart - PA2014.0098 - 2 McArthur Drive, Spreyton
2.
Representation letter from Ruthie & Paul Cassidy - PA2014.0098 - 2 McArthur Drive, Spreyton
3.
Representation letter from Nicholas Jones & Sarah Stantiall - PA2014.0098 - 2 McArthur Drive, Spreyton
4.
TasWater conditions - PA2014.0098 - 2 McArthur Drive, Spreyton
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 PA2014.0098 and grant a Permit to use and develop or use land identified as 2 McArthur Drive, Spreyton for the following purposes:
ITEM 4.1
PAGE 12 Report to Planning Authority Committee meeting 25 August 2014
Permitted - Residential (multiple dwelling)
Discretionary - setback and building envelope & 2 lot subdivision
Subject to the following conditions: 1.
The Use and Development is to proceed generally in accordance with the submitted plans referenced as UHB2602 sheets 1 to 8 by Michal Konik, copies of which are attached and endorsed as documents forming part of this Planning Permit.
2.
The waste storage area is to be set back a minimum of 4.5m from the frontage and fenced/screened to a height of at least 1.2m above the finished surface level of the storage area. The storage area is to have an impervious surface.
3.
The driveway accesses for the lots must be consolidated as one singular dual width driveway in accordance with current IPWEA standards.
4.
The applicant/developer is to comply with the TasWater ‘Submission to Planning Authority Notice’ dated 29 July 2014 (attached)
Note: The following is provided for information purposes. No burning of any waste is to be undertaken onsite. Any such waste is to be removed and disposed of at a licenced refuse disposal facility. During construction all measures must be taken to prevent nuisance. Air, noise and water pollution matters may be subject to the provisions of the Environmental Management and Pollution Control Act 1994 and/or Building Regulations.
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. In regard to TasWater’s conditions the applicant/developer should contact TasWater – Ph 136 992 with any enquiries. In regard to condition 3 the applicant should contact Council’s City Infrastructure Department – Ph 6424 0511 with any enquiries. Enquiries regarding other 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
Matthew Atkins Deputy General Manager Infrastructure Works and Development
PAGE 13 Representatio R on email from m E Stewart - PA2014.0098 8 - 2 McArthu ur Drive, Spreyton S
ATTTACHMENT [1 1]
 ITEM 4.1
PAGE 14 Representatio R on letter from m Ruthie & Pau ul Cassidy - P PA2014.0098 - 2 McArthurr Drive, D Spreyto on
ATTTACHMENT [2 2]
 ITEM 4.1
PAGE 15 Representatio R on letter from m Ruthie & Pau ul Cassidy - P PA2014.0098 - 2 McArthurr Drive, D Spreyto on
ATTTACHMENT [2 2]
 ITEM 4.1
PAGE 16 Representattion letter from m Nicholas Jones & Sarah h Stantiall - PA2014.0098 P -2 McArthur Drrive, Spreyton n
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ITEM 4.1
ATTA ACHMENT [3]]
PAGE 17 Representattion letter from m Nicholas Jones & Sarah h Stantiall - PA2014.0098 P -2 McArthur Drrive, Spreyton n
Â
ITEM 4.1
ATTA ACHMENT [3]]
PAGE 18 TasWater co onditions - PA A2014.0098 - 2 McArthur D Drive, Spreyto on
ATTA ACHMENT [4]]
ITEM 4.1
PAGE 19 TasWater co onditions - PA A2014.0098 - 2 McArthur D Drive, Spreyto on
ATTA ACHMENT [4]]
ITEM 4.1
PAGE 20 TasWater co onditions - PA A2014.0098 - 2 McArthur D Drive, Spreyto on
ATTA ACHMENT [4]]
ITEM 4.1
PAGE 21 Report to Planning Authority Committee Meeting - 21 July 2014
4.2 PA2014.0100 - 3 LOT SUBDIVISION AND RESIDENTIAL (SINGLE
DWELLING) - ASSESSMENT AGAINST PERFORMANCE CRITERIA FOR SETBACK AND BUILDING ENVELOPE - 52-54 WRIGHT STREET, EAST DEVONPORT File: 29667 D338659
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
SUMMARY The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2014.0100.
BACKGROUND Planning Instrument:
Devonport Interim Planning Scheme 2013
Applicant:
Adriaan Buijsen
Owner:
Mrs M Haymont, Mr R Haymont, Mrs M Buijsen & Mr A Buijsen
Proposal:
3 lot subdivision and Residential (single dwelling) - assessment against performance criteria for setback and building envelope
Existing Use:
Vacant
Zoning:
General Residential
Decision Due:
08/09/2014
SITE DESCRIPTION The site is located on the north-western side of the Thomas and Wright Streets intersection. The property has an area of 1154m2 and is vacant land. The site was last utilised as a lawn bowling green by the East Devonport Bowls Club. The bowls club sold the land to private ownership in 2008. The subject lot is flat and surrounded by a plethora of uses including Pioneer Park to the immediate west, East Devonport Tennis Club to the immediate north, East Devonport Primary School on the opposite side of Thomas Street and the East Devonport commercial area to the south. The site is also located within the Thomas Street Conservation Area under the Devonport Interim Planning Scheme (DIPS).
ZONING HISTORY Under the previous Scheme (Devonport & Environs Planning Scheme 1984) the site was zoned Public Open Space. Council received an application from the current land owners in 2008 (refer to file 23996) to rezone the site from Public Open Space to Closed Residential and to also remove the heritage listing from the site. After support from Council to approve the rezoning the Tasmanian Planning Commission (TPC) rejected the amendment.
ITEM 4.2
PAGE 22 Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Since this time Coun ncil now ha as a new c chief plann ning instrum ment calle ed DIPS. It came into o effect in O October 20 013 and occurred a s part of th he state planning refform curre ently being g undertake en. As parrt of the ne ew Scheme e the subje ect site wa as rezoned d General Residential R l as approv ved by Council and then t ratifie ed by the TPC. T
Figurre 1- Title Pla an of subjec ct site – 167136/1
Figure 2- Aeria al Image of 52-54 Wrigh ht Street outtlined in yelllow (Easst Devonporrt Images 20 013 - DSC_3 3215)
APPLICATIO ON DETAILS The applicant is seeking app proval for a 3 lot subdivision and a devellopment of o a single e dwelling o on each prroposed lo ot. Subdivisio on Aspect
Lot 1 is proposed to have an are ea of 340m m2 and be accessed d from a single s new w crosssover in Thomas Stree et.
Lot 2 is propose ed to have e a shared d 6m wide access witth Lot 3 fro om Wright Street S and d 2 have e a total area of 375m m.
ITEM 4.2
PAGE 23 Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Lot 3 will have e share an n access w with Lot 2 from f Wrigh ht Street a and will have a totall 2 area a of 439m .
Dwelling A Aspect All dwellin ngs are pro oposed to be single story and include a single ga rage. The e dwellingss will have sskillion rooffs and have a renderred finish.
Figure 3- Site Plan showing g proposed llot formatio ons and loca ation of prop posed dwellings
PLANNING ISSUES The land is zoned General Ressidential un nder the De evonport In nterim Plan nning Sche eme 2013. pose of th he zone is to pro ovide for residentia al use or developm ment thatt The purp accommo odates a range r of dwelling d ty pes at sub burban densities, whe ere full infrrastructure e services a are availab ble or can be b provide ed. have bee Three disttinct elem ments of discretion d en identifie ed in the assessme ent of thiss applicatio on. These elements relate to t he subdivision of the e land, bui lding setba ack of the e dwelling o on Lot 2 and a also that the de evelopment site is lo ocated wiithin a Conservation n Area. The ese are disc cussed below under the releva ant headings. Subdivisio on of Land A subdivission is a discretiona d ry use in tthe Generral Residen ntial zone and mustt satisfy alll relevant a acceptable solutionss and perfo ormance criteria. c Th he applica able criteria a relate to o lot size, orientation, infrastructture and tthe like an nd these are a listed in n standard d 10.4.9 off DIPS. Lott 3 satisfiess all the acceptable e solutions for this standard, h owever it has been n identified that neith her Lot 1 orr 2 achiev e a 10m x 15m build ding envelo ope with a long axiss within the e range 30o east of no orth and 2 0o west of north. As a consequ uence the ese lots are e assessed against the Performa ance Crite eria under 10.4.9 (P1) of DIPS w which is re eproduced d below witth commen nts.
ITEM 4.2
PAGE 24 Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Â
 Figure 4-- Standard 10.4.9 1 (A1 & P1) - Suitab bility of a sitte or lot for use or deve elopment in n General Re esidential zo one
Relevant C Commentss The applic cant has demonstra d ted that d dwellings can be con nstructed o on Lots 1 and a 2. It iss a is satisfie considere ed that the e performance criteria ed due to the followin ng reasons: -
The dwellings are suffic cient in a rea and will w not cause impa urrounding g acts to su prop perties;
-
They y are located clear of o easemen nts and utilities; and
-
Living and ha abitable arreas of th e dwelling gs are orie entated to owards the e north to o maxximise solarr orientatio on.
The only o other zone e standard that need ds to be considered c for subdivvision in the Generall Residentia al zone is 10.4.13. Th his standarrd is relate es purely to t subdivission and there is no o acceptab ble solution n as illustratted below w.
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ITEM 4.2
PAGE 25 Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Figure e 4- Standard 10.4.13– Subdivision n in General Residentiall zone
Relevant C Commentss The performance crriteria is satisfied as t he subdivision is intended for re esidential use as perr the applic cant’s subm mission.
ITEM 4.2
PAGE 26 Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Figure e 5 - Standa ard 10.4.13– Subdivision n in General Residentia al zone
Relevant C Commentss Each lot h has frontag ge to a roa ad. Developm ment of dwelling on Lot 2 Residentia al develop pment in th he form off single dw wellings on n individua al lots is typ pically ‘no o permit req quired’ in the zone subject to o all acce eptable so olutions of the zone standardss being ach hieved. Th his is the ca ase for the proposed dwellings on Lots 1 a and 3, how wever Lot 2 fails to me eet the front setback k requireme ent which is 4.5m from Thomass Street (the dwelling g is propose ed to be setback 4m 4 from tthis frontag ge). Furth hermore a as the fron nt setback k requireme ent is not met m the dw welling failss to fit with hin the presscribed bu uilding env velope. Ass a consequence asssessment iss required against th he perform mance crite eria for thiss standard d (both P1 & P3) which is reproduced on t he followin ng page.
ITEM 4.2
PAGE 27 Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Figure e 6 - Standa ard 10.4.2 (A A1 & P1)– Se etbacks and d building envelopes e fo or all dwellings in Genera al Residentiial zone
ITEM 4.2
PAGE 28 Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Figure 7 - Standard 10.4.2 (A3 & P3) – Setba cks and bu uilding envelopes for al l dwellings in General Reside ential zone ((including building b env velope)
ITEM 4.2
PAGE 29 Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Relevant C Commentss The front ssetback va ariation of the dwellin ng on Lot 2 is conside ered appro opriate. Ju ustification n for this is b because th he develop pment site is located in an area a with mixe ed uses and patternss of development. pposite sid de of the ro oad comm mercial development is built to o the front boundary y On the op and on th he northern n side of Thomas Stre eet is Pioneer Park which w is priimarily green space.. The front setback va ariation wiill not causse a visuall impact to o the area a as the ‘bulk’ of the e dwelling iis much le ess than the East Dev vonport Prrimary Sch hool Gymn nasium located overr the road tto the eastt. Due to fro ont setbac ck variation n being loc cated to the south no n oversha adowing im mpacts willl occur on n the adjoining pro oposed d wellings or o neighbo ouring bu uildings. Overall the e performan nce criteria a for this standard arre comforta ably met. Conservation Heritage Area Prrovisions Code that is triggere ed by this a application n is the Loc cal Heritag ge Code (E5). This iss The only C because the site is located within the Th homas Stre eet Conserrvation Are ea (Area 10 0) which iss shown in FFigure 7 be elow.
Locationn of subject ssite
Figure 8 – Location n of Thomass Street Con servation Area A (Area 10) and loca ation of subjject site
There are two consid derations required r un nder the Heritage H Co ode, the firrst being th he division of land intto three lots and the second be eing the development of the siingle dwellings. The applicable criterion is reprodu uced below w with explanation and relevan nt comments.
ITEM 4.2
PAGE 30 Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Figure 9 – Stan ndard E5.6.3 3 of Local He eritage Cod de - Subdivission
Relevant C Commentss As the ap pplication iss not for a boundary y adjustmen nt the perfformance criteria is re equired to o be assessed. In thiss scenario the parce el of land is located on its own n individua al title. Ass there are no buildings on the site s the pe rformance e criterion is satisfied.
ITEM 4.2
PAGE 31 Report to Plan nning Authority y Committee Meeting M - 21 Ju uly 2014
Figure e 10 – Stand dard E5.6.4 of o Local Herritage Code e – Design and location n of develop pment
ITEM 4.2
PAGE 32 Report to Planning Authority Committee Meeting - 21 July 2014
Relevant Comments The reason why this section of the Code is triggered is because the proposed dwellings can be seen from the road frontage. There are no conservation outcomes in DIPS and therefore assessment is required against the performance criteria. Listed below are some of the key statements from the Local Heritage Code regarding the significance of the Thomas Street Conservation Area: The area contains the most intact surviving group of early buildings in East Devonport. It is of particular value as the whole streetscape of Thomas Street and the park enhances the Heritage Items that are located there. The buildings also represent a range of building styles and periods from early development to the later more typical brick residence/shop on the corner of Wright and Thomas Streets. The key features of the street are the park, the church and the residence on the corner of Thomas and Church Streets. (DIPS 2013, Thomas Street Conservation Area, pg. 346) It is quite obvious from the above statements that the site is not just an important part of East Devonport’s history but the Devonport municipality as a whole. The proposed site is located on the fringe of the Thomas Street Conservation Area and as previously mentioned is surrounded by a mix of buildings with opposing architectural forms. It is admitted that some of these buildings are located outside the heritage precinct however it is noted that the Local Heritage Code is applicable to properties located adjacent to conservation areas. When considering the performance criteria for E5.6.4 the proposal has merit to be approved for the following reasons: -
The proposal is not immediately located adjacent to any identified heritage buildings. The closest buildings to the property within the Thomas Street Conservation Heritage Area include the tennis and lawn bowling clubrooms which do not have any heritage significance.
-
The setback and scale of the buildings are sympathetic of existing dwellings in the Thomas Street Conservation Area.
-
There is no table of conservation outcomes in DIPS for the proposal to address and therefore it can be argued that conformity is shown with the performance criteria.
COMMUNITY ENGAGEMENT On 28/07/2014, 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 30/07/2014;
(b)
Making a copy of the proposal available in Council Offices from the 30/07/2014;
(c)
Notifying adjoining property owners by mail on 29/07/2014; and
(d)
Erecting a Site Notice for display from the 30/07/2014.
The period for representations to be received by Council closed on 12/08/2014.
ITEM 4.2
PAGE 33 Report to Planning Authority Committee Meeting - 21 July 2014
REPRESENTATIONS Two representations were received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. Note - Each representation is formed as an attachment at the end of the report. Comments regarding the two representations are produced below: Representation from Mr Burgess The first representation was received on 7/08/2014 from Mr Burgess of 6 Warkworth Court, East Devonport. Mr Burgess states the proposal is an example of ‘bad planning’. Relevant Comments Mr Burgess has provided no information as to why the proposal is an example of ‘bad planning’. The site is zoned appropriately for residential development and the development standards that failed to meet the acceptable solutions have been successfully tested against the merits of the performance criteria. Representation from business owners and operators within the Thomas Street/Wright Street shopping precinct The representation was received on the 11/08/2014. The representation included a letter explaining the objections to the proposal and also a petition signed by more than 30 people who were primarily business owners and operators within the Thomas Street/Wright Street shopping precinct. There were primarily two points of objection to the proposal. These being: -
There is a lack of car parking in the East Devonport commercial area of Thomas and Wright Street and this development will further reduce parking spaces in the area; and
-
The zoning of the site as a residential zone is inappropriate.
Relevant Comments It is evident from the signatories of the representation that there is concern regarding car parking in this area of East Devonport. However, in this case the application is simply for a residential subdivision and development of three dwellings on a suitably zoned parcel of land. Each dwelling provides the required two car parking spaces within the site to meet the requirements of the Traffic Generating Use and Parking Code (E9). It is acknowledged that the development of a new single 3.6m crossover from Thomas Street will reduce car parking by 1-2 spaces, however this is not considered to be a major change to the status quo and observations since this application was submitted have shown that car parking has been readily available in the marked car parking spots along Wright Street and also to the northern side of Thomas Street. It appears from investigations that shop operators and staff members park on the northern side of Thomas Street adjacent to the development site because there are no time limit restrictions. This has been a luxury for people over the years as the subject site has not been developed and they will now have to park just a few metres westward along Thomas Street. It is also considered that the parking situation will have negligible impacts on businesses within the area as consumers that require a product or service will still go to the desired location. Overall the issue regarding car parking is irrelevant to the outcome of this application. The Zoning History section of the report discusses why the property is now zoned General Residential. Council followed all relevant legislation to ensure the new Scheme was
ITEM 4.2
PAGE 34 Report to Planning Authority Committee Meeting - 21 July 2014
advertised correctly and lawfully to the public. It is noted that during the two month public exhibition period no comment was made from a member of the public regarding the General Residential zoning of the subject site.
DISCUSSION The application has been tested against the planning scheme and a positive recommendation for the development is vindicated. The concerns regarding car parking from businesses in the area are legitimate but should have no bearing on the outcome of this application. The proposal was referred to TasWater for assessment. Conditions have been provided which must be included with an approval.
FINANCIAL IMPLICATIONS No financial implications are predicted.
CONCLUSION The proposal has been assessed by Council’s Development and Assessment Review Team, along with TasWater, and can be approved with conditions.
ATTACHMENTS 1.
TasWater conditions - PA2014.0100 - 52-54 Wright Street, East Devonport
2.
Representation by Richard Burgess - PA2014.0100 - 52-54 Wright Street East Devonport -
3.
Representation by Nicole Dorling obo concerned community membersPA2014.0100 - 52-54 Wright Street
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 PA2014.0100 and grant a Permit to (use and develop or use) land identified as 52-54 Wright Street, East Devonport for the following purposes:
3 lot subdivision and Residential (single dwelling) - assessment against performance criteria for setback and building envelope
Subject to the following conditions: 1.
The Use and Development is to proceed generally in accordance with the submitted plans referenced as Job No. 0614-71 dated the 04/06/2014 by Tas Laughlin, copies of which are attached and endorsed as documents forming part of this Planning Permit.
2.
No covenants are to be placed on the schedule of easements that contradict the Devonport Interim Planning Scheme 2013.
3.
The applicant/developer is to comply with the TasWater ‘Submission to Planning Authority Notice’ dated 30/07/2014 (attached).
4.
Each lot must be provided with a minimum 150mm stormwater connection, in this regard connections for Lots 1 and 2 must be provided to the existing Council stormwater main in Thomas Street and the connection for Lot 3 to be provided via a standard kerb connection to Wright Street.
ITEM 4.2
PAGE 35 Report to Planning Authority Committee Meeting - 21 July 2014
5.
6.
Each lot must be provided with vehicular access, in this regard Lot 1 is to be provided with a standard single width access and Lots 2 and 3 are to be provided with a consolidated dual width access, all works are to be in accordance with IPWEA standard TSD-R09-v1. Traffic management plans are to be submitted to Council for approval prior to any works commencing within the road reserve.
Note: The following is provided for information purposes. No burning of any waste is to be undertaken on site. Any such waste materials to be removed and disposed of at a licensed refuse disposal facility. During the construction or use of these facilities all measures are 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 site may contain interred remains. If during the construction or work within this site any remains or evidence is encountered all works must cease immediately and contact the Devonport City Council’s Environmental Health Department.
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. In regard to TasWater conditions the applicant/developer should contact TasWater – Ph 136 992 with any enquiries. In regard to conditions 4-6 the applicant should contact Council’s City Infrastructure Department – Ph 6424 0511 with any enquiries. Enquiries regarding other conditions can be directed to Council’s Development & Health Services Department – Ph 6424 0511.
Author: Position:
Alex Mountney Cadet Planner Health Services
-
Development
Endorsed By: Position: Services
&
ITEM 4.2
Brian May Manager - Development & Health
PAGE 36 Representattion by Richa ard Burgess - PA2014.0100 0 - 52-54 Wrig ght Street Easst Devonport -
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ATTA ACHMENT [2]]
PAGE 37 Representattion by Richa ard Burgess - PA2014.0100 0 - 52-54 Wrig ght Street Easst Devonport -
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ATTA ACHMENT [2]]
PAGE 38 Representattion by Richa ard Burgess - PA2014.0100 0 - 52-54 Wrig ght Street Easst Devonport -
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ATTA ACHMENT [2]]
PAGE 39 Representattion by Nicole e Dorling obo o concerned d community membersPA2014.0100 0 - 52-54 Wrig ght Street
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ATTA ACHMENT [3]]
PAGE 40 Representattion by Nicole e Dorling obo o concerned d community membersPA2014.0100 0 - 52-54 Wrig ght Street
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ATTA ACHMENT [3]]
PAGE 41 Representattion by Nicole e Dorling obo o concerned d community membersPA2014.0100 0 - 52-54 Wrig ght Street
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ATTA ACHMENT [3]]
PAGE 42 Representattion by Nicole e Dorling obo o concerned d community membersPA2014.0100 0 - 52-54 Wrig ght Street
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ATTA ACHMENT [3]]
PAGE 43
5.0 CLOSURE There being no further business the Chairman declared the meeting closed at
ITEM 5.0
pm.