NOTIICE OF MEE ETING hereby giv ven that a Planning Authority y Committtee meetinng of the Devonport D t Notice is h City Coun ncil will be held in the Coun ncil Cham mbers, 44-4 48 Best Strreet, Devo onport, on n Monday 2 27 Octobe er 2014, com mmencing g at 11:00a am. he public a at 11:00am. The meetiing will be open to th
QUA ALIFIED PERS SONS dance with h Section 65 of the Local Go overnmentt Act 19933, I confirm m that the e In accord reports in this agen nda conta ain advice e, informattion and recommen ndations given by a person w who has the t qualifications o or experie ence nece essary to give such advice,, informatio on or recom mmendatio on.
Paul Westt GENERAL MANAGER R er 2014 22 Octobe
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 27 OCTOBER 2014 AT THE COUNCIL CHAMBERS AT 11:00AM Item
Page No.
1.0
APOLOGIES
2.0
DECLARATIONS OF INTEREST
3.0
DELEGATED APPROVALS .............................................................................. 6
4.0
DEVELOPMENT REPORTS .............................................................................. 8
4.1
PA2014.0130 - Subdivision - Reconfiguration of boundaries, no additional lot - 94 Winspears Road, East Devonport (D345220) .............................................................................. 8
5.0
CLOSURE ............................................................................................... 50
PAGE 5 Report to Planning Authority Committee meeting on 27 October 2014
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, 27 October 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.
2.0 DECLARATIONS OF INTEREST
ITEM 4.0
Apology
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3.0
DELEGATED APPROVALS
3.1
PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY 13 SEPTEMBER 2014 - 20 OCTOBER 2014 PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY 13.9.2014 – 20.10.2014 Application No. PA2014.0025
Location
Description
19 Elizabeth Street
PA2014.0087
14 Donvista Drive
PA2014.0107 PA2014.0108 PA2014.0110
24 George Street 1 Devonport Road 16-40 James Street
PA2014.0111 PA2014.0112 PA2014.0113
208 Sheffield Road 167 Steele Street 1/28 Mersey Main Road
Two lot subdivision (within Heritage Conservation Area) Residential (dwelling additions & garage) - assessment against performance criteria for suitability of a site for use or development, location and configuration of development. Residential (studio) - assessment against performance criteria for Heritage Code (includes demolition) Food Services (Cafe) - old Harbourmaster's building Shipping container Residential (existing carport) - Assessment against performance criteria for setback and building envelope Business & Professional Services (Office Extension)
PA2014.0114
7 Woodland Grove
PA2014.0116
14 Gatenby Drive
PA2014.0117 PA2014.0118 PA2014.0119 PA2014.0120 PA2014.0121
65 Wrenswood Drive 18 Forest Heights Drive 26 Loone Lane 134 River Road 47 Sheffield Road
PA2014.0122
146 Best Street
Residential (multiple dwellings) garage and verandah Residential (existing garage addition) - assessment against performance criteria for suitability of a site or lot for use or development Residential (multiple dwellings x 7) assessment against performance criteria for setbacks & building envelope, site coverage & private open space and sunlight & overshadowing Residential (shed) - assessment against performance criteria for location and configuration of development Residential (dwelling and shed) - assessment against performance criteria for location and configuration of development Office Addition Residential (multiple dwellings) - 4 Units Residential (Shed) Residential (additional dwelling) - assessment against performance criteria under clause 10.4.2 ITEM 4.1
Approval Date 18/09/2014
16/09/2014 18/09/2014 16/09/2014 24/09/2014 25/09/2014 23/09/2014 30/09/2014 24/09/2014
13/10/2014 7/10/2014 2/10/2014 30/09/2014 8/10/2014 2/10/2014 16/10/2014
PAGE 7 Report to Planning Authority Committee meeting on 27 October 2014
PA2014.0123
36 Cutts Road
PA2014.0124
7 McArthur Drive
PA2014.0127
2/3 Bovill Street
Two lot subdivision - the application is also being advertised in accordance with Part 6 of the Historic Cultural Heritage Act 1995. Residential (shed) - assessment against performance criteria for setback and building envelope Residential (carport) - assessment against performance criteria for setbacks and building envelope
RECOMMENDATION That the list of delegated approvals be received.
ITEM 4.1
16/10/2014 7/10/2014 14/10/2014
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4.0
DEVELOPMENT REPORTS
4.1
PA2014.0130 SUBDIVISION RECONFIGURATION OF BOUNDARIES, NO ADDITIONAL LOT - 94 WINSPEARS ROAD, EAST DEVONPORT File: 29934 D345220
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 PA2014.0130. It is proposed that an existing remnant title of 889m2 be divided and reconfigured to enlarge it to 1277m2 so it can sustain a residence.
BACKGROUND Planning Instrument: Applicant: Owner: Proposal: Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 Tasmanian Consulting Services Mr GS Winspear Subdivision - reconfiguration of boundaries, no additional lot. Resource development Rural resource 05/11/2014
SITE DESCRIPTION
(Partly reproduced from the applicant’s submission)
The land is located on the northern boundary of a larger farming property which has extensive frontage onto Winspears Road. The smaller subject lot is 889m2 and comprises three non-contiguous fragments and these are outlined in red on Diagram 1. In this undertaking it is proposed to divide off two of these fragments and join them to the existing large subject farm lots. This will marginally increase the area of the farm lots before a second and further adjustment is made to enlarge the third and middle fragment to 1277m2. This smaller subject parcel is vacant land situated between two existing houses in other ownership. To the immediate west at 80 Winspears Road sits an unoccupied older house on a 734m2 title. This title was created in 1993 and it seems was simple surveyed around the existing house curtilage at the time to create the new smaller lot. The land to the immediate east known as 86 Winspears Road was created by subdivision in 1994 which coincides with a substantial dwelling addition made in the same year. This lot is 1141m2 in area. The smaller subject lot and how it is currently fragmented is depicted on Diagram 1. ITEM 4.1
PAGE 9 Report to Plan nning Authority y Committee meeting m on 27 October 2014
Diagram m 1 – existing g subject lott (Photo sou urce: DCC Dekho D Janu uary 2013)
APPLICATIO ON DETAILS The application is virtually v an n adjustme ent of the boundarie es betwee en three titles made e possible a and easier from the applicant’s a s perspective because the affe ected prop perties are e in the sam me ownership. The proposed p a adjustment will result in the mid ddle portio on of the 3 fragmentss being re eshaped into a new w polygon n having an area of 1277m2 and the e absorption of the tw wo ‘wing fra agments’ iinto the larrger and contiguous farm titles.
Diagram D 2 – Proposed subdivision (Source: Ta asmanian Consulting C Se ervice draw wing 8189-10 03, 11.07.14
The propo osal plan also a provid des clarity on the building and the waste ewater disposal field d envelopes. onal lots are a being created. It is not a ‘bound dary adjusstment’ ass In effect no additio defined b but merely y a boundary recon figuration and land division th hat is subje ect to the e discretion of Council. ITEM 4.1
PAGE 10 Report to Plan nning Authority y Committee meeting m on 27 October 2014
The land h has been subject s to preliminaryy discussions betwee en the app plicant and d Council’ss Planning and Enviironmental Health O Officers and a this clarified c ce ertain ma atters and d emphasized the crittical aspec cts that had d to be sattisfied to va alidate the e application.
PLANNING ISSUES The land is zoned Rural reso ource unde er the Devonport In nterim Plan nning Scheme 2013 3 (DIPS). Th he purpose e of this zo one is to p provide forr the sustaiinable use e or develo opment off resources for agric culture, aq quaculture e, forestry,, mining and othe er primary industriess including opportun nities for re esource p processing.. It also provides for other uses and d developm ments that do not constrain or c conflict witth resource e developm ment uses.. The zone e also has particular local area objectiv ves and th he particu ular objecttive of rele evance in n regard to the reason n for the application is reprodu uced as follows.
Desired fu uture charracter statements arre also an integral part p of the e zone. In particularr statement (b)(i) alllows consideration for use and a develo opment o on rural la and to be e intersperse ed with sm mall-scale re esidential ssettlementt nodes. The appliicant has also prov vided com mmentary against the releva ant zone and a code e standardss of the DIPS. D (The applica ant refers to ‘easte ern’ and ‘‘western’ lots in hiss submission n. For the purposes of this app plication all reference es to the w western lott are to be e discounte ed.) The applic cant’s com mmentary on o the rele evant zone e and code e standard ds are attac ched.
COMMUNITTY ENGAGEM MENT On 24/09/2014, 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 27 Se ptember 2014; 2
(b)
Makiing a copy y of the pro oposal ava ailable in Council C Offfices from 229 Septem mber 2014;
(c)
Notiffying adjoin ning prope erty owners rs by mail on o 26 Septe ember 201 4; and
(d)
Erectting a Site Notice for display on n 26 Septem mber 2014 4.
The period d for representations to be rece eived by Council C clo osed on 10 October 2014. 2
REPRESENTA ATIONS Two repre esentationss were rec ceived witthin the prrescribed 14 day pu ublic scrutiny period d required b by the Lan nd Use Planning and d Approvals Act 1993 3. The firstt representtation wass made on n behalf of o the ow wners of la and at 79 9 & 80 Winspears R Road. The second d representa ation wass from the e owner o of 77 Winspears in support o of their ne eighbour’ss ITEM 4.1
PAGE 11 Report to Plan nning Authority y Committee meeting m on 27 October 2014
submission n. The site relationship betw ween the e land sub bject to ssubdivision and the e propertiess and build dings owne ed by the rrepresento ors is depic cted below w on Diagra am 3. The e represento or’s properties are circled in red d for clarity y.
Diagram D 3 – represento or’s propertie es
DISCUSSION N The Plann ner’s reporrt made on o behalf of the ne eighbours who w are iin oppositiion to the e proposal iis attached d. Observatiions and comments to t the reprresentation n of objecttion to the proposal. 1.
d capabilitty – It has been subm mitted in th he represe entation th at the new w lot is too o Land small for any agricultural a use. This iis agreed with w and historically h tthe subjec ct land hass not been farm med with th he same in ntensity ass the large er farm lot.. The princ ciples and d outc comes of the State Policy P on th he Protection of Agricultural La and 2009 have h been n abso orbed into the overall reform off the State e Planning Reform pa ackage pro ocess. The e Land d Capability and Cla assification System off Tasmania handboo ok indicates that at a scale e of 1:100,,000 (this is the scale of mapping that the digital la and capab bility mapss have e been pro oduced from) the sttandard minimum m arrea for a m map unit which w can n be a adequately y depicted d is approxximately 64 4ha. The land capa ability map ps indicate e num merous exa amples of land that is not being used for f agriculltural pursu uits so it iss extre emely diffic cult to mou unt a case e on land capability c for f this prop posal.
2.
Land d size – it iss submitted d in the re epresentatiion that th he proposa al seeks to introduce e 2 pa resid dential use e and de evelopmen nt on a 1277m 1 arcel whic ch is less than the e Acceptable Solution S of 1ha. TThe DIPS indicates that new w residenttial use iss discrretionary which w mea ans that itt is permisssible and ultimately if this app plication iss approved a fu urther Discrretionary P Planning Pe ermit applic cation for a house will w need to o satisffy the requ uired deve elopment sstandards of o the zone e and anyy relevant code. c The e para ameters of o appropriate setb backs and d other site constrraints can only be e ITEM 4.1
PAGE 12 Report to Planning Authority Committee meeting on 27 October 2014
addressed then. However it is prudent to consider some aspects of future development potential and this is why the process requires on site waste water management an important matter to resolve at the subdivision stage. 3.
Zone Purpose Statement – It is submitted in the representation that the proposal would introduce further residential development on prime agricultural land and as a consequence potential land use conflicts. This is not disagreed with on a matter of principle however the future development of the land can be termed as ‘infill’ because there are other existing residential developments between this lot and the nearby agricultural activities. The separation is identified on the previous diagrams. Future residential development is still subject to the discretion of Council and there is no guarantee that this will satisfy the required standards.
4.
It is submitted in the representation that clause 26.3.2 Required Residential Use is relevant to this application. This is incorrect. This clause applies if an application is made for a residential use that has to be essentially developed for an agricultural activity to occur. The objectives are quite clear in their intent. The relevant clause in this application is 26.3.3 Residential Use. This has a residential outcome possible if it doesn’t result in permanent loss of land for resource development and interfere with existing or potential use of land for resource development. The two clauses share the same Acceptable Solutions (i.e. compliant standards) however there are some different Performance Criteria applicable. For example future development of a house on the lot will need to be accompanied by a land capability assessment showing the land to have no potential for primary industry use.
5.
Subdivision zone standards – Clause 26.4.4 contains the specific subdivision standards. There are no Acceptable Solutions so by design all subdivision applications are discretionary and have to satisfy the performance criteria. Clause 26.4.4 contains 4 options and one needs to be satisfied. The applicant has provided a submission that is based upon the premise that the proposal is for a boundary adjustment and that there are no new lots. It is submitted by the applicant that P1(a) satisfies the standard. The representor has submitted an alternative viewpoint based on reasons that prime agricultural land should be protected against conversion to residential use which is contrary to the objectives and purpose of the Rural Resource zone. It is noted that the applicant has perhaps incorrectly included a small strip of ‘Road’ in front of 80 Winspears Road owned by his client into the net equation. This is not critical to the proposal due to the road assignation already in existence. The fact that it hasn’t been transferred to the road authority, in this case Council is not important. The inclusive list of the Performance Criteria is reproduced below.
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FINANCIAL IMPLICATIO ONS No financ cial implica ations are predicted d unless th he decision n is appea aled and significantt legal costts are required before e the Tribu nal determ mines the application a n.
RISK IMPLIC CATIONS No risks arre envisage ed as part of this pla nning app plication prrocess.
CONCLUSIO ON The applic cant has submitted s a proposa al and prov vided com mments ag ainst the applicable a e developm ment stand dards to su upport the proposal. These are generallly agreed with. The e submission n on beha alf of the represento r ors has pre esented an n opposing g view tha at providess similar com mmentary but in opp position. The propo osal has so ome uncerrtainties. A Although residential r developm ment for a house is a e reconfig permissible use in th he zone th his applica ation is for an existing lot to be gured to a shape an nd size tha at can susttain future residentia al development. The ere is no guarantee g e that a futture plann ning applic cation will be able to t satisfy the Accep ptable Solu utions and d Performan nce Criteriia of the zone z or w hether furtther third party repre resentation ns may be e upheld by y the Tribun nal. The recon nfigured shape of thiss block inc cludes a de edicated area a for a w wastewate er disposall field. Thiss land has been asse essed as su uitable but with con nservative qualificatio ons based d upon the Australian n Standard d. For exa ample it iss most like ely that an n aerated package e treatmentt plant will be require ed.
ITEM 4.1
PAGE 15 Report to Planning Authority Committee meeting on 27 October 2014
ATTACHMENTS 1.
Attachment 1 - PAC Report - Applicants Commentary
2.
Attachment 2 - PAC Report - Submission E3 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 PA2014.0130 and grant a Permit to develop land identified as 94 Winspears Road, East Devonport for the following purposes:
Subdivision - reconfiguration of boundaries, no additional lot.
Subject to the following conditions: 1.
The subdivision is to be configured generally in accordance with the submitted plans referenced as Geoff Winspear Boundary Adjustment Drawing 8189-103 dated 11-0714 by Tasmanian Consulting Service copies of which are attached and endorsed as documents forming part of this Planning Permit.
2.
The Final Plan is to be endorsed as follows “On-site sewage and sullage disposal – Lot 1 is suitable for the installation of an Aerated Wastewater Treatment System subject to there being a minimum of 380m2 of suitable land being dedicated to the on-site disposal of sewage and sullage effluent”.
3.
The subdivider is to provide lot 1 with access in accordance with the IPWEA standard.
Note: The following is provided for information purposes. In regard to conditions 2 & 3, Lot 1 is referred to as the 1277m2 lot. This subdivision does not imply approval for future development of a permissible use on the land.
Author: Position:
Shane Warren Planning & Environmental Coordinator
Health
Endorsed By: Position:
ITEM 4.1
Brian May Manager Development Services
&
Health
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5.0
CLOSURE There being no further business the Chairman declared the meeting closed at
ITEM 5.0
pm.