Central Highlands Planning Scheme 1998 August 2004

8/3/2019 Central Highlands Planning Scheme 1998 August 2004

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CENTRAL HIGHLANDS

CENTRAL

HIGHLANDS

COUNCIL

PLANNING

SCHEME

1998(revised and updated as at 180708)


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Central Highlands Planning Scheme 1998 Page 1

CONTENTS

Page

PART 1 GENERAL PROVISIONS 02

PART 2 OBJECTIVES OF THE PLANNING SCHEME 07

PART 3 ZONES, OBJECTIVES, TABLES AND STANDARDS

VILLAGE ZONE 09 RURAL RESIDENTIAL ZONE 11 HOLIDAY RESIDENTIAL ZONE 13 RURAL ZONE 15 CONSERVATION ZONE 18 WATER CONSERVATION ZONE 20

FORESTRY PURPOSES ZONE 21 INDUSTRIAL ZONE 22 ROAD ZONE 23

PART 4 SIGNS 24

PART 5 HERITAGE PROVISIONS 26

PART 6 RIVERSIDE, LAKESIDE AND WETLANDS AREAS 28

PART 7 SETTLEMENT INVESTIGATION AREAS 30

PART 8 POTENTIAL IMPACT AREAS 32

SCHEDULES

1 DEFINITIONS 33

2 EXEMPTIONS 41

3 ROAD HIERACHY. ACCESS AND SETBACKS 44

4 HERITAGE SITES 52

HERITAGE CONSERVATION AREAS 555 PLANNING PERMITS : MATTERS FOR CONSIDERATION 57

6 INFORMATION REQUIRED FOR PLANNING PERMIT 60

7 TABLE OF USES 62


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PART 1 - GENERAL PROVISIONS

What is the Planning Scheme and What Area Does it Cover?

1.1 The Central Highlands Planning Scheme comprises the Ordinance with its

Schedules (this written document) and the Plan (which comprises a series of maps

identifying zones and other details mentioned in the Ordinance). The Central

Highlands Council administers the Planning Scheme - which applies to all land

within its Council Area.

How Does the Planning Scheme Fit Into the State Planning System?

1.2 The Land Use and Planning Approvals Act 1993 requires the preparation of this

Planning Scheme and governs its operation within the objectives as outlined inPart 2 of it, as follows:-

(a) To promote the sustainable development of natural and physical resources

and the maintenance of ecological processes and genetic diversity; and

(b) To provide for the fair, orderly and sustainable use and development of air,

land and water; and

(c) To encourage public involvement in resource management and planning ;

and

(d) To facilitate economic development in accordance with the objectives setout in paragraphs (a), (b) and (c); and

(e) To promote the sharing of responsibility for resource management and

planning between the different spheres of Government, the community and

industry in the State.

How Does the Planning Scheme Affect Me?

1.3 The Scheme contains a series of controls over land use and development

throughout the Council Area. The use of land or carrying out of development

contrary to the provisions of the Scheme or any conditions or restrictions imposedby the Council is an offence.


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Can the Scheme Stop An Existing Use of Land or a Building?

1.4 Nothing in this Scheme shall prevent the continuation of any existing use and/or

development right afforded by Section 20 (3) of the Land Use Planning and

Approvals Act 1993.

Does the Planning Scheme Deal With All Approvals?

1.5 An approval granted under this Scheme does not overcome the need for other

approvals from other authorities under other legislation or by-laws.

What Happens to Previous Town Planning Ordinances?

1.6 This Planning Scheme repeals and replaces all town planning controls previously

operating in the Council Area - including Bothwell Section 46 Planning Scheme

No 3 of 1990 Great Lakes, Bothwell Section 46 Planning Scheme No 4 of 1990,

Campbell Town Section 46 Planning Scheme No 1 of 1991, Deloraine Section 46

Planning Scheme No 1 of 1990, Green Ponds Planning Scheme 1985, HamiltonSection 46 Planning Scheme No 4 of 1993, Longford Section 46 Planning Scheme

No 1 of 1993, Oatlands Section 46 Planning Scheme No 4 of 1991 and Ross

Section 46 Planning Scheme No 1 of 1991.

How Are Land Uses and Developments Defined?

1.7 Developments are defined in Schedule 1 of this Scheme. Where a specific

development is not listed in Schedule 1, Council is to determine the definition

most closely matching it.

Ancillary Use is defined as any development which is a necessary, integral and

subservient part of an existing or proposed use or development and will be defined

and treated in the same manner as the development of which it is part. [An

example is a lot which contains an industry and a cottage. If the cottage is

occupied by a caretaker for the industry then it is an Ancillary use, and defined and

treated as part of the industry.]

Multiple Use is any development which is not an integral and subservient part of

an existing or proposed development and shall be defined and treated separately

from that existing or proposed development. [An example is if a cottage on land

used for an industry is occupied by a person not associated with the industry. The

cottage would then be a Multiple use, and defined and treated as a house.]


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What if My Building Burns Down?

1.8 Despite other provisions of this Scheme, Council must approve (with or without

conditions) a planning permit for the rebuilding of a structure destroyed by fire

only if the structure lawfully existed on the day this Scheme came into force, and

the new structure has the same external dimensions and is rebuilt in similar

materials as the old structure or other materials approved by Council.

Does Demolition Require a Planning Permit?

1.9 Demolition or removal of a building or works does not require a planning permit

from the Council unless the building or work is:

(a) located within a Heritage Conservation Area, or

(b) listed in Schedule 4, or

(c) listed in the Tasmanian Heritage Register, or

(d) located within a Settlement Investigation Area,

in which case such demolition is D Development (discretionary).

When is a Planning Permit Required?

1.10 Where a person proposes to change the use of land or to undertake development, a

planning permit from the Council is required unless:

(a) the proposal is categorised in this Scheme as "E" (exempted from planning

permit), or

(b) another specific provision of the Scheme overcomes the need for a planning

permit, or,

(c) the use or development is listed in Schedule 2.

How Are Land Use and Development Controlled?

1.11 Under this Scheme, all land in the Council Area is zoned. Part 3 sets out the

objectives of each Zone and identifies controls on development. Development and

land use are categorised in the following manner:

(a) "E" Development (exempted from planning permit) - relevant

developments listed in Part 3 or Schedule 2 may be undertaken without a

planning permit if they comply with all provisions of the Scheme. A

building or other approval may be required.

(b) "P" Development (permitted) - requires a planning permit. Proposalscomplying with all provisions of this Scheme must be approved by Council,

and Council may impose any relevant conditions.

(c) "D" Development (discretionary) - requires a planning permit which can

be refused or granted by Council (with or without conditions).


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1.12 Other special provisions for certain types of development are set out in Parts 4-9

and in the Schedules to this Scheme.

What Matters Are Considered By Council When Deciding on a Planning Permit ?

1.13 Schedule 5 sets out matters to be considered by Council in its decision on an

application for a planning permit.

Can an Existing Prohibited Building or Use be Extended?

1.14 Despite other provisions of this Scheme, Council may, at its absolute discretion,

approve one only extension to a building, for development prohibited under this

Scheme if:

(a) The building lawfully existed on the day this Scheme came into force, and

(b) The building was lawfully used for a development now prohibited under

this Scheme, and

(c) The proposed extension does not exceed 10% of the gross floor area of the

existing building, and

(d) The existing use of the building will not be substantially intensified, and

(e) The proposal will further the objectives of the Scheme.

Proposals for development referred to in this clause are to be categorised and

treated as "D" (discretionary).

Can Existing Land Uses Be Changed?

1.15 Despite other provisions of this Scheme, Council may, at its absolute discretion,

approve the change of an existing land use prohibited under this Scheme to another

use also prohibited under this Scheme, but only if:

(a) The original land use was lawfully commenced on the day this Scheme

came into force, and has not been abandoned since that day, and

(b) The new use is not an intensification of the existing use, and

(c) The new use will have a less detrimental impact on the locality than the

existing one and will further the objectives of the Scheme.

Proposals referred to above are to be categorised and treated as "D"

(discretionary).


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Can Development Standards Be Varied?

1.16 Variations of Development Standards

Subject to clause 1.11 (c), Council may relax development standards if it is

satisfied that such a relaxation would not conflict with the Scheme or Zone

Objectives. Any such application shall be in writing and must justify the

relaxation.

What Information is Required for a Planning Application?

1.17 The information set out in Schedule 6 must accompany any application for a

planning permit. The lack of such information may delay processing.

Can Council Consult With Other Bodies?

1.18 In respect of any application for a planning permit, Council may consult with any

state agency or other group, body or person.

1.19 Any use or development which, in Council's opinion or advised by the Tasmanian

Fire Service, is within a bushfire prone area shall be referred to the Tasmanian Fire

Service for advice. Council may impose such conditions as it deems necessary in

respect of such use or development and may require a fire management plan for

approval.


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PART 2 - OBJECTIVES OF THE PLANNING

SCHEME

2.1 General Objectives of the Planning Scheme are:-

(a) To promote the sustainable development of natural and physical resources

and the maintenance of ecological processes and genetic diversity;

(b) To provide for the fair, orderly and sustainable use and development of air,

land and water;

(c) To encourage public involvement in resource management and planning;

(d) To encourage economic development in accordance with the objectives

listed above;

(e) To give effect to the relevant objectives of the Central Plateau, Midlands

and Southern Midlands Strategic Plan and the Central Highlands Council

Strategic Plan which are as follows:-

(i) To encourage sustainable long term use of appropriate areas for

agricultural, pastoral and forestry activities.

(ii) To strengthen the commercial and tourist roles of the existing

townships and create an appropriate network of settlements to meet

the needs of residents and visitors.

(iii) To conserve significant vegetation, habitat and scenic resources.

(iv) To encourage land use and development to occur in consideration of

land capability.

(v) To maintain recreational values, including the wild fishery, and to

expand opportunities for resource-related tourism.

(vi) To protect places of cultural significance, and

(vii) To reinforce the role of the area as a major water catchment for thegeneration of hydro-electric power, domestic water supply and

irrigation.


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2.2 Specific Objectives of the Planning Scheme are:-

(a) To consolidate urban development and promote as main urban centres -

Bothwell, Hamilton, Miena, Ouse and Wayatinah and to provide for their

growth through the orderly provision of urban services.

(b) To encourage diverse uses and to foster the broadening of the economy of

the Council area and of the region.

(c) To identify, protect and enhance the historic heritage of Bothwell and

Hamilton.

(d) To encourage local service centres at Arthurs Lake Road, Derwent Bridge,

Ellendale and Gretna.

(e) To encourage infilling and consolidation of development at Barren Tier,

Bronte Park, Cramps Bay, Flintstone Drive, Gin Point, Headlam Road,

Laycock Drive, London Lakes, Miena, Morass Bay, Shannon, Tarraleah,Tods Corner, Waddamana and Wilburville in accordance with the Holiday

Residential zoning.

(f) To provide for a limited area of rural residential uses at Ellendale,

Fentonbury and Westerway.

(g) To limit any growth in the informal settlements at Alanvale, Bradys Lake,

Brandum Bay, Breona, Bronte Lagoon, Cramps Bay, Dago Point, Dee, Dee

Lagoon, Doctors Point, Gin Point, Interlaken, Lagoon of Islands, Penstock

Lagoon, Reynolds Neck and land in other areas (until their future is

considered in detail and the requirements set out in Part 7 are satisfied) by

categorising them as "Settlement Investigation Areas".

(h) To prevent further development in the informal settlements of Alma Tier,

Apsley, Little Pine Lagoon, Northeast Lake Sorell and Diamond Bay (Lake

Sorell).

(i) To prevent further subdivision in the informal settlements of Barren Tier,

Morass Bay, Osterley, Pelham, Shannon and Strickland and Wilburville.

(j) To encourage the use of Meadowbank Lake and surrounding lands for

recreation and tourism.

(k) To identify the need for organised, serviced caravan park and camping

grounds in lakeside and other locations.


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PART 3 - ZONES, OBJECTIVES, &

DEVELOPMENT STANDARDS

VILLAGE ZONE

1. The objectives of the Village Zone are:

(a) To recognise Arthurs Lake Road, Bothwell, Derwent Bridge, Gretna,

Hamilton, Miena, Ouse and Wayatinah as having local or specialist service

roles.

(b) To facilitate the efficient and effective provision of services by the Council,

other authorities and the private sector.

(c) To ensure that development is consistent with the character of existing

streetscape and townscapes, and with the protection and enhancement of sites

of heritage significance.

(d) To enhance the role and appearance of Derwent Bridge as a gateway to the

World Heritage Area and to the encourage the provision of visitor facilities

there.

2. "E" (exempted from planning permit) - home occupation, or as listed in

Schedule 2.

3. "P" (permitted) - agriculture, consulting rooms, educational establishment, home

industry, house (outside a heritage conservation area, not adjoining a heritage

item), utility (minor).

4. "D" (discretionary) - house (within a heritage conservation area or adjoining a

heritage item), subdivision and developments not listed in items 2, 3 or 5.

5. "X" (prohibited) - abattoir, animal establishment, aquaculture, extractive industry,

feedlot, forestry, industry, institution, offensive or hazardous industry, saleyard,

timber mill, scrap yard.

Development is prohibited if the land is not suitable by reason of access, fire safety

or unless treatment and disposal of sewage and sullage can be provided to

Councils satisfaction.


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6. DevelopmentStandards:

Minimum lot area -

Arthurs Lake Road 3000 m2

Bothwell 1500 m2

Derwent Bridge 1500 m2

Gretna 1500 m

2

Hamilton 1500 m2

Miena 1500 m2

Ouse 750 m2

Wayatinah 550 m2

Minimum frontage to a road - 12.0 metres, except for a rear lot which must have a

minimum frontage of 4.0 metres.

Maximum plot ratio - 45%.Maximum building height - 8.0 metres.

Front setback - no less than the prevailing building setback or six metres -

whichever is the greater. Except at Derwent Bridge where the setback north of the

Lyell Highway shall be one third of lot depth or south of the highway be 50 metres.

Side and rear setbacks - one metre for walls of a height of up to three metres, plus

300 mm for each extra metre of wall height over three metres.

Appearance - all development is to be sited and designed to enhance the character

and appearance of the village and its streetscape, and is not to detract from any

heritage item or heritage conservation area.

7. Village Zone at Arthurs Lake Road

Notwithstanding any other provision of this Scheme, any and all development

within the Village Zone designated at Arthurs Lake Road shall be D

(discretionary) and shall be limited only to caravan park, home occupation, house

(used in conjunction with a business in this zone), recreation facility, restaurant,service station, shop, utility (minor), vehicle workshop or visitor accommodation.

8. Preferred Business Area - Bothwell

Within the Village Zone for Bothwell, Council will encourage business and

commercial activities within the central area marked on the Scheme Map, and may

refuse such activities outside this area.


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RURAL RESIDENTIAL ZONE

1. The objectives of the Rural Residential Zone are:

(a) To acknowledge the demand for full-time residential occupancy in a ruralsetting within commuting distance of centres of employment.

(b) To preserve low density residential amenity while encouraging other

appropriate activities in this mixed use Zone.

(c) To complement housing opportunities in Village Zones.

2. "E" (exempt) - agriculture, home occupation, or as listed in Schedule 2.

3. "P" (permitted) - animal establishment, consulting rooms, home industry, house(complying with items 6 & 7 below), utility (minor), visitor accommodation (1

only).

4. "D" (discretionary) - aquaculture, boarding house, bulk store, business premises,

caravan park, community facility, depot, dual occupancy, educational

establishment, entertainment facility, forestry, garden centre, health centre,

hospital, house, light industry, recreation facility, research and development

facility, restaurant, roadside stall, rural industry, saleyard, service station, shop,

subdivisions (which comply with the provisions in items 5 & 7 below and all other

relevant provisions of this Scheme), transport terminal, utility (major), visitor

accommodation (up to six units), welfare building.

5. "X" (prohibited) - all others not listed in items 2, 3 or 4 above.

Development on unserviced land is prohibited if the land is not suitable by reason

of access, fire safety or for the treatment and disposal of sullage and sewage within

the boundary of any proposed lot to the satisfaction of Council.

6. Subdivisions within the Westerway-Fentonbury Water District Area are to be

referred to the relevant Council for comment.


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7. Development Standards:

Minimum lot area - 2 ha.

Maximum depth to width ratio of 3:1

Maximum height - not greater than eight metres.

Setback from a road - 10 metres or as set out in Schedule 3 whichever is the

greater.

Setback from any other boundary - not less than ten metres - except that minor or

ancillary buildings not intended for regular human occupation or intensive

activities (such as garages, carports and sheds) may be sited closer subject to

Council approval.

Appearance - all buildings are to be designed and sited to enhance the character

and appearance of the neighbourhood.

One house may be erected on a lot of at least 550 square metres which existed at

the appointed day, subject to compliance with item 5.

8. Preferred Business Area - Ellendale

Within the Rural Residential Zone for Ellendale, Council will encourage business

and commercial activities within the central area marked on the Scheme Map, and

may refuse such activities outside this area.


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HOLIDAY RESIDENTIAL ZONE

1. The objectives of the Holiday Residential Zone are:

(a) To recognise the special requirements of holiday residential development in

Alanvale,

Allisons Road,Barren Tier,

Bradys Lake,Brandum Bay

,Bronte

Lagoon, Bronte Park, Brownie Bay, Cramps Bay, Doctors Point, Dee

Lagoon, Flintstone Drive, Gin Point, Haulage Hill, Headlam Road,

Interlaken, Jillet Road, Johnstones Road, Laycock Drive, Little Pine

Lagoon, London Lakes, Miena, Morass Bay, Rainbow Road, Reynolds

Neck, Shannon, South Breona, Tarraleah, Tods Corner, Tods Corner (Gin

Point), Waddamana, Warners Roadand Wilburville where the demand is

primarily for holiday, recreational or specialist educational activities.

(b) To consolidate housing development for holiday and recreational purposes

in appropriate areas.

(c) To facilitate the effective and efficient provision of services by Council andother authorities.

(d) To ensure that development is consistent with the character, requirements

and natural environment of holiday recreation areas.

(e) To control adverse impacts and to restrict interference from incompatible

activities.

2. "E" (exempt) - home occupation or as listed in Schedule 2.

3. "P" (permitted) - home industry, house, visitor accommodation (1 unit only),

utility (minor).

4. "D" (discretionary) - caravan park, community facility, consulting rooms,

educational establishment, entertainment facility, garden centre, hotel, recreation

facility, shop, subdivisions (which comply with the standards in item 5 and 6

below, and all other relevant provisions of this Scheme), utility (major), visitor

accommodation.


Development is prohibited if the land is not suitable by reason of access, the need

for excessive tree clearing, fire safety or other relevant circumstances. For these

reasons, minimum lot areas and their configuration cannot be identified without

consultation with, and assessment by, Council in each case.

Development is prohibited unless treatment and disposal of sewage and sullage can

be provided to Councils satisfaction.


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Subdivision must not result in a change of use without the approval of Council (if

required) and must not provide for additional direct access to any road of Category

2 or 3 listed in Schedule 3.

Council shall consult with the Tasmanian Fire Service regarding subdivisions and

new buildings on existing lots, and may impose any conditions arising therefrom.

Maximum plot ratio - 45%.

Building height - maximum eight metres.

Notwithstanding the maximum plot ratio and maximum building height specified

above, at Wilburville all buildings on a lot located between Arthurs Lake Road and

Arthurs Lake shall have a maximum total floor area of 300 square metres, and a

maximum height of 5 metres

Roof pitch - no flatter than 22.5 degrees.

Front setback - no less than eight metres or as specified in Schedule 3 - whichever

is the greater.Side and rear setbacks - one metre setback for walls up to three metres high, plus

300 mm for each metre of wall height over three metres.

Council may approve, subject to conditions if relevant, buildings built to side or

rear boundaries on an existing sub-minimal lot.

Lot boundaries are not to be fenced.

Appearance - buildings are to be sited and designed to respect their setting; the

materials and colours of the outer walls and roof are to blend with the surrounding

environment. Preference is to be given to natural stone and timber but any materialfinished or painted in natural earth matt colours such as fawn, mid-browns, muted

greens and blues, or greys may be acceptable. Council may impose conditions to

ensure that the appearance of any building meets the above requirements.

Development should be designed and sited in such a way as to maximise the

retention of existing native vegetation. An application for a permit shall include a

plan of any vegetation to be cleared.

The clearing of land and any site works shall be limited to the area approved by

Council for a particular development.

Owners and occupiers are encouraged to establish native floraand to remove otherspecies. Trees are not to be felled or pruned without the prior approval of the

Council.

New wells for the purpose of water supply or disposal are not to be constructed

without Council approval (which may be refused on considerations such as existing

or future pollution, additional effluent disposal, health, safety or others). Council

may require existing wells to be removed or filled in as a condition of any planning

permit.


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RURAL ZONE

1. The objectives of the Rural Zone are:

(a) To encourage and facilitate the development of rural land for sustainablelong-term agriculture or pastoral activities, and other uses.

(b) To protect rural resources from conversion to other uses.

(c) To allow for non agricultural activities in locations which will not constrain

agricultural or pastoral activities or resources.

2. "E" (exempted from planning permit) - agriculture, animal establishment, home

industry, home occupation or as listed in Schedule 2.

3. "P" (permitted) - feedlot, forestry (in accordance with an approved Timber

Harvesting Plan - if applicable), house (on a new lot), rural industry, saleyard,

utility (minor), visitor accommodation (1 unit only).

4. "D" (discretionary) - abattoir, aquaculture, bulk store, business premises, caravan

park, community facility, consulting rooms, depot, dual occupancy, educational

establishment, entertainment facility, extractive industry, forestry (without an

approved Timber Harvesting Plan), garden centre, hospital, house on existing lot,

industry, institution, light industry, offensive or hazardous industry, recreation

facility, research and development facility, restaurant, roadside stall, rural workers

dwelling, scrap yard, subdivision, timber mill, transport terminal, utility (major),

vehicle workshop, visitor accommodation (more than one unit).


Development is prohibited unless treatment and disposal of sewage and sullage can

be provided to Councils satisfaction.


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6. Development Standards

Subdivisions

(a) All new lots shall contain an area of at least 20 hectares.

(b) In special circumstances, lots of less than 20 hectares may be approved

subject to compliance with:

(i) The following aims and objectives:

Prime agricultural land shall be protected from conversion to non-agricultural uses.

Productive agricultural land shall be protected from conversion tonon-agricultural uses where it is significant for agriculture and/or

for uses related to agriculture.

Prime agricultural land shall only be taken out of agriculturalproduction or out of potential agricultural production where there is

an overriding need for the development in terms of public benefit

and no other site is suitable for the particular purpose.

Agricultural land shall be managed on a sustainable basis.

(ii) Submission of full details of the proposal prepared by a suitably

qualified independent agricultural consultant including:

written statement justifying the proposal and giving reasons whycompliance with the development standards of the rural zone is

unreasonable or unnecessary in the circumstances of the proposal,

and/or would tend to hinder the attainment of the above aims and

objectives,

a full report identifying the agricultural capacity of the subject landand balance land, and methods to safeguard the agricultural

productivity of both.


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(c) New lots on, or boundary adjustments to, land encompassing existing

buildings able to be used for habitable purposes shall provide setbacks of

100 metres to all boundaries except those to Road Zones.

Setbacks

New buildings used, or to be used, for habitable purposes shall be provided withsetbacks of:-

(i) 30 metres to the boundary of any Road Zone (or greater distance if

required by Schedule 3), and

(ii) 100 metres to any other boundary.


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CONSERVATION ZONE

1. The objectives of the Conservation Zone are:

(a) To recognise the use and management of land as Protected Areas, Lakeside

Reserves, Crown Reserves (Recreation), Council owned land, land administered ormanaged by or vested in the National Parks and Wildlife Service, and other land of

special conservation significance.

(b) To acknowledge the importance (for nature and water conservation, domestic water

supplies, irrigation and outdoor recreation) of lakes and other water bodies.

(c) To provide for appropriate access to and for the use and development of such lands

and waters in accordance with the provisions of relevant statutory Management

Plans, State Policies and future development plans.

(d) To recognise the open space requirements for residents of, and visitors to, the

Municipal Area.

2. "E" (exempt) - home occupation or as listed in Schedule 2.

3. "P" (permitted) - home industry, utility (minor).

4. "D" (discretionary) - agriculture, aquaculture, caravan park, community facility,

development associated with the management of land within this zone, educational

establishment, entertainment facility, forestry (in accordance with an approved

Timber Harvesting Plan), recreation facility, research and development facility,

subdivision (complying with all other relevant provisions of this Scheme), utility

(major), visitor accommodation.

5. "X" (prohibited) - all others not listed in clause 2, 3 or 4 above.


or for the treatment and disposal of sullage and sewage within the boundary of any

proposed lot.


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6. Subdivision is ("D") discretionary development and shall be consistent with an

approved statutory Management Plan, State Policy or development plan.


Height - maximum of eight metres.

Setbacks -

Front - as required by Schedule 3.

Side and rear - ten metres except for minor or ancillary buildings not used

for regular human occupation or intensive activities (such as garages,

carports, sheds, etc.).

Appearance - all development is to be sited and designed to respect the natural

environment.


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WATER CONSERVATION ZONE

1. The objectives of the Water Conservation Zone are:

(a) To recognise the ownership and management of lands by the Hydro-

Electric Commission and others.

(b) To acknowledge the importance (for nature and water conservation,

domestic water supplies, irrigation and for outdoor recreation) of lakes and

other water bodies forming part of the Hydro-Electric Commission's water

supply systems.

(c) To acknowledge the importance (for nature conservation, forestry and

outdoor recreation) of lands owned by the Hydro-Electric Commission.

2. "E" (exempt) - agriculture or as listed in Schedule 2.

3. "P" (permitted) - forestry (in accordance with an approved Timber Harvesting

Plan), utility (minor).

4. "D" (discretionary) - aquaculture, caravan park, community facility, depot,

educational establishment, entertainment facility, forestry (without an approved

Timber Harvesting Plan), light industry, recreation facility, research and

development facility, subdivision (complying with all relevant provisions of and

not prohibited by this Scheme), visitor accommodation, utility (major).



or unless treatment and disposal of sewage and sullage can be provided to

Councils satisfaction.


Setbacks - minimum setbacks as set out in Schedule 3 - where relevant.

Appearance - all buildings shall be designed and sited to blend with the natural

landscape.


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FORESTRY PURPOSES ZONE

1. The objectives of the Forestry Purposes Zone are:

(a) To recognise the management of Crown lands as State Forest including

Forest Reserves and land used for forest products with the approval of therelevant authority.

(b) To provide for forestry and related purposes as may be the subject of

relevant statutory plans (including Working Plans, Forest Management

Plans and Timber Harvesting Plans) or other policies of Forestry Tasmania.

2. "E" (exempt) - agriculture or as listed in Schedule 2.

3. "P" (permitted) - timber mill, utility (minor).

4. "D" (discretionary) - aquaculture, depot, extractive industry, forestry (where an

approved Timber Harvesting Plan is not required), garden centre, recreation

facility, research and development facility, rural industry, subdivision (complying

with item 6 below, and all other relevant provisions of this Scheme), utility

(major).



or for the treatment and disposal of sullage and sewage within the boundary of any

proposed lot. Subdivision shall be permitted only where required to bring a

statutory plan or policy of Forestry Tasmania into effect.


Front setbacks - minimum setback as set out in Schedule 3 or 30 metres -

whichever is the greater.

Side and rear setbacks - ten metres except for minor or ancillary buildings not to be

used for regular human occupation or use (such as garages, carports, sheds and thelike).

Appearance - all buildings are to be designed and sited to blend with the natural

landscape.


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INDUSTRIAL ZONE

1. The objectives of the Industrial Zone are:

(a) To encourage industrial development in Bothwell appropriate to the needs

and requirements of the Council Area.

(b) To identify land suitable for, and encourage, industrial development which

is not appropriate in other parts of the Council area.

(c) To consolidate industrial activities in suitable and appropriate areas.

(d) To facilitate the efficient and effective provision of services by Council and

other authorities.

(e) To control the impacts of industrial activities.

2. "E" (exempted from planning permit) - utility (minor) or as listed in Schedule

2.

3. "P" (permitted) - business premises, depot, garden centre, industry, light industry,

research and development facility, rural industry, scrap yard, service station,

transport terminal, vehicle workshop.

4. "D" (discretionary) - all others not mentioned in items 2, 3 or 5.

5. "X" (prohibited) - agriculture, animal establishment, aquaculture, boarding house,

caravan park, consulting rooms, dual occupancy, feedlot, forestry, health centre,

home industry, home occupation, hospital, house, institution, multi-unit

development, offensive or hazardous industry, roadside stall, rural workers

dwelling, saleyard, visitor accommodation, welfare building.


Development Standards shall, subject to statutory provisions, be to Councils

satisfaction - having regard to industrial and community amenity and requirements.


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ROAD ZONE

1. The objectives of the Road Zone are:

(a) To retain the safe and effective passage of vehicles, pedestrians or stock

over all roads.

(b) To control adverse impacts of signage and development within road

reserves.

2. All public roads are deemed to run within a road zone regardless of designation on

the Plan.

3. "E" (exempt) - underground utility (minor), signs and other development erected

by a public authority to encourage the safe and effective use of the road system,maintenance of public utilities, road maintenance and minor roadworks not

changing the character or capacity of the road or as listed in Schedule 2.

4. "P" (permitted) - above ground utility (minor).

5. "D" (discretionary) - amenity or rest areas, roadworks, information bays,

installation and/or erection of public utilities, road depots, road stockpiles, tourist

features and look-outs including parking areas, utility services (major) and

weighing stations.



Road intersection design must comply with Schedule 3.


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PART 4 - SIGNS

4.1 The purpose of this Part is to assist residents, travellers and visitors to the

Council Area by providing for appropriate signage which does not cause undue

adverse visual or other impacts.

4.2 "E" (exempt) development - includes signs which comply with Clause 4.5 (d),

are not illuminated, would fit within a rectangle 1.2 metres long and 0.6 metres

high, refer only to a place or premises to which they are affixed and/or contain the

following:

(a) identification or description of the place, premises, persons residing or

carrying on an occupation therein,

(b) particulars of any occupation carried on and any directions or cautions as

are usual for that occupation,

(c) notices required or permitted by or under any Act,

(d) notice that the place or premises is for sale, lease or under construction

together with particulars,

(e) particulars of any activities held or to be held therein,

(f) details of any affiliation with a trade, professional or other association

relevant to the business conducted therein,

(g) particulars of elections, activities or entertainments (but only if carried out

for non-commercial purposes) and are not on display for more than 60 days

in any one year,


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(h) a public notice on land owned or controlled by any public authority, or a

sign relating to a community facility,

(i) signs not visible from a road, river, lake or other public place.

4.3 "P" (permitted) development - nil.

4.4 "D" (discretionary) development - any sign other than one which is "E"

(exempt) or "X" (prohibited) and which complies with the development standards

set out in clause 4.5 below.

4.5 "X" (prohibited) development - includes signs which:

(a) create hazardous or unsafe conditions or resemble the lights of emergency

vehicles,

(b) in all zones except Village and Industrial are unrelated to the use of the loton which they are proposed - unless they have the specific purpose of

directing the travelling public to buildings or places of tourist interest, and:

(i) relate to a specific building or place, and

(ii) have as their principal purpose the direction of the public to that

building or place, and

(iii) have dimensions, overall size, content, visual appearance and

impact no greater than reasonably required to so direct the travelling

public.

(c) in any heritage conservation area are larger than two square metres in area,

or are of a height more than 3.5 metres above ground.

(d) signs must not unreasonably obstruct or reflect sunlight or daylight to any

building, or cause a reduction in visual amenity in the neighbourhood by

virtue of size, colour, content, movement, illumination, position, shape,

standard of design or construction, or diminish the visibility of other signs

or neighbouring property.


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PART 5 - HERITAGE PROVISIONS

5.1 The aims and objectives of the Heritage Provisions are:

(a) To conserve the historic, natural and indigenous heritage of land covered by

this Scheme,

(b) To integrate heritage conservation into the planning and development

control processes,

(c) To provide for public involvement in conservation issues, and

(d) To ensure that development is undertaken in a manner sympathetic to, and

does not detract from the heritage significance of the items and theirsettings, as well as streetscapes and landscapes and the distinctive character

that they impart to the Council Area.

5.2 Heritage Sites and Heritage Conservation Areas are listed in Schedule 4.

5.3 Any development of a Heritage Site or Heritage Conservation Area shall be

deemed to be D (discretionary) in accordance with clause 1.11 (c) ofPart 1.

5.4 In its consideration of an application for a permit (including a permit for a plan of

subdivision) in respect of a Heritage Site, the Council shall have regard to the need

to retain, preserve and enhance the site.

5.5 Before approving any new development adjoining a Heritage Site, Council must

assess the effect that the proposed development will have on the heritage

significance of the site.

5.6 Any new development in Heritage Conservation Areas shall be in harmony with

the height, bulk, setbacks, materials, colours and finishes of existing buildings in

that Area.


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Heritage Advertisements, Notification and Consultation

5.7 In respect of the consideration referred to in clause 5.5, Council may consult with

the Australian Heritage Commission, the National Trust, Department of

Environment and Land Management or other group, body or person.

5.8 Where a proposal relates to land known by Council to contain an Aboriginal relic

listed on the Tasmanian Aboriginal Site Index or land listed in Schedule 4, Council

shall notify the Department of Environment and Land Management.


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PART 6 - RIVERSIDE, LAKESIDE AND

WETLAND AREAS

6.1 The aims and objectives of Riverside, Lakeside and Wetland Areas are:

(a) To protect and enhance the aesthetic, landscape and ecological values,

biodiversity and water quality of specified areas,

(b) To prevent unsustainable impacts such as land degradation, erosion, water

pollution, sedimentation or disturbance of natural ecosystems or

development which conflicts with the attributes of natural and heritage

landscapes.

6.2 Such areas encompass those areas identified in Tables 1, 2 & 3 in this Part.

6.3 Normal farming practices are exempt from this Part where the land is used for

agricultural purposes. Proposals to use land within those areas identified in Tables

1, 2 & 3 for agricultural purposes where the landscape is unmodified are D

(discretionary).

6.4 Approvals granted under clause 6.3 for proposals involving substantial clearing ofvegetation, excavation, land fill or drainage of land shall contain conditions which

aim to protect natural systems as far as practicable, and require the retention of that

vegetation which would be required to be retained for a commercial forestry

operation under the Forest Practices Code existing at the appointed date.

6.5 Before considering any proposal under this Part, Council may consult with any

relevant group, body or person.


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TABLE 1 - LAKESIDE AREAS - 100 metres from the absolute high water mark or full

supply level of the following lakes:

Arthurs Lake Lake King William

Bradys Lake Lake Meadowbank

Bronte Lagoon Lake Repulse

Clarence Lagoon Lake Samuel

Cluny Lagoon Lake Sorell

Dee Lagoon Lake St Clair

Great Lake Laughing Jack Lagoon

Lagoon of Islands Little Pine Lagoon

Lake Augusta Pine Tier Lagoon

Lake Big Jim Shannon Lagoon

Lake Binny Travellers Rest Lake

Lake Catagunya Tungatinah Lagoon

Lake Crescent Wayatinah Lagoon

Lake Echo Woods Lake

Lake Fergus

TABLE 2 - RIVERSIDE AREAS- Derwent River 50 metres from either bank, and 30

metres from either bank of the following rivers (except for land in the Village Zones):

Broad River Little Pine River

Clarence River Little River

Clyde River Nive River

Dee River Ouse River

Florentine River Pine River

Gordon River Shannon River

Jones River Tyenna River

Lake River

TABLE 3 - WETLAND AREAS - 30 metres from the bank of the following areas:

Brown Marsh Johnsons Lagoon

Clarence Lagoon Lake Kay & Surrounds

Five Mile Marsh Wool Shed Lagoon


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PART 7 - SETTLEMENT INVESTIGATION

AREAS

7.1 The purpose of Settlement Investigation Areas is to delineate the informal

settlements at Alanvale, Bradys Lake, Brandum Bay, Breona, Bronte Lagoon,

Cramps Bay, Dago Point, Dee, Dee Lagoon, Doctors Point, Gin Point, Interlaken,

Lagoon of Islands, Penstock Lagoon, Reynolds Neck, and land in other areas, and

identify those investigations required for possible future development.

7.2 Such areas will be deemed to be suitable for Holiday Residential Zone if in

Councils opinion:

(a) the settlements can be restructured to appropriate densities, based on the

minimum number or size of lots required to provide for acceptable and

viable means of treatment and disposal of sewage and sullage, and

(b) access can be provided to the standards required by Council and other

relevant authorities, and

(c) the Tasmania Fire Service considers that permanent residential occupation

of the relevant areas would not constitute an unacceptable hazard in the

case of bushfire, and

(d) the settlements will be structured in such a way that they will be socially

and economically viable, not place an undue demand on social, welfare or

emergency services and will be visually and environmentally acceptable,

and

(e) development in the areas abutting State Roads outside a 60 kph speed zone

can be effectively screened from passing traffic.

(f) the landowner and Council have finalised a binding agreement regarding

items (a) to (e) above and the timing of required works.

7.3 Despite any other provision of this Scheme, unless and until the relevant settlement

investigation area designation is removed, no subdivision, new dwellings or

building work shall be approved in these areas except as set out in clause 7.4

below.


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7.4 Council may, at its absolute discretion and subject to clause 7.5, approve one only :

(i) extension to the physical area of an existing dwelling and/or house (not

being a kitchen, laundry, bathroom or other activity which would increase

or intensify effluent generation or reduce existing effluent disposal) and

being an amount up to 10% of the existing gross floor area, and

(ii) new carport or garage or boatshed covering a total area (including roof) of

up to 25 square metres.

7.5 Council may approve works listed in clause 7.4 only if the structure:

(i) is sited to Councils satisfaction, and

(ii) would not affect or diminish existing effluent disposal systems or works,

and

(iii) would be located entirely within the physical area encompassed by anyrelevant lease, licence, curtilage or the like, and

(iv) would not adversely affect the existing and/or future amenity of the subject

dwelling or house, nearby developments or result in adverse appearance

from the foreshore or surface of any water body, and

(v) would not adversely affect the health and safety (including bushfire access)

of occupants or neighbours, and

(vi) would not constrain the achievement of the matters set out in clause 7.2

above, and

(vii) in respect of works listed in clause 7.4 (ii) - would not be used for habitable

purposes and is the subject of such a condition of approval and is of a

temporary nature and physically removable if required by the landowner.

7.6 Despite any other provision of this Scheme, all works covered by clause 7.4 require

the planning approval of Council and shall be D (discretionary) development.

Council will not be responsible for any claims in respect of approvals of the above

works in the event that removal, alterations or demolition of such works may be

required by any person in the future.


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PART 8 - POTENTIAL IMPACT AREAS

8.1 The aims and objectives of the Potential Impact Areas are:

(a) To identify particular uses or activities which may have a detrimental effect

upon the health, safety or amenity of the surrounding land.

(b) To indicate areas within which certain forms of development may be

constrained.

8.2 Potential Impact Areas encompass land around activities including refuse disposal

sites, waste transfer stations, quarries, saleyards, sawmills, dairies, sewerage

treatment works and the like. The extent of such areas is based on Standard

Recommended Attenuation Distances (SRADs) within which emissions may cause

nuisance or offence. SRADs vary according to the type of activity.

8.3 Some Potential Impact Areas are marked on the maps accompanying this Scheme;

similar areas exist elsewhere. Persons proposing new or intensified activities of the

kind listed in clause 8.2, or any other activity within Potential Impact Areas, are

advised to consult Council in the first instance about applicable SRADs andpossible constraints.

8.4 Unless prohibited, all development within a Potential Impact Area requires the

planning approval of Council and is D (discretionary) development.

8.5 Applications for use or development within a Potential Impact Area shall be

accompanied by a site assessment acceptable to Council including matters listed in

Schedule 6.

8.6 Before considering any proposal under this Part, Council may consult with any

group, body or person.


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SCHEDULE 1 - DEFINITIONS

Except if the context or subject matter of this Scheme otherwise indicates or requires, theitems below have the meanings ascribed to them. Those meanings apply to buildings,

places and land used for the listed purposes.

"Abattoir" - the slaughtering or processing of any type of meat including any associated

holding yards but excludes aquaculture or any boiling down or rendering operations or the

manufacture of by-products.

"Agriculture" - all descriptions of farming and grazing operations.

"Alter" - in relation to a heritage item or to a building or work within a heritage

conservation area includes structural changes to the outside of the item, building or work;

or non-structural changes to the detail, fabric, finish or appearance of the outside of the

item, building or work.

"Ancillary use" - any development which is a necessary, integral and subservient part of

an existing or proposed development and will be defined and treated in the same manner as

the development of which it is part.

"Animal establishment" - the breeding, boarding, training, keeping or caring of animals

for commercial purposes, including a riding school and veterinary clinic.

"Appointed day" - the day upon which this Scheme takes effect.

"Aquaculture" - operations associated with farming in a water based environment but

excludes any processing of the produce thereof other than the handling or packing of such.

"Boarding-house" - accommodation, meals and laundry facilities provided to non-

transient residents such as a house let in lodgings or lodging house, residential club or

college, but excludes a hotel, motel or visitor accommodation.

"Bulk store" - the sale (by wholesale, retail or auction), lease, hire or display of goods or

materials (including timber) of a shape, size or weight requiring a large area for handling,storage, display or direct public vehicular access for loading, but excludes a saleyard and

depot.


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Bushfire prone areas - includes:

(a) land within standing vegetation cover greater than 1 hectare (excluding grass lands

on slopes less than five degrees); or

(b) land within one hundred metres of standing vegetation cover greater than one

hectare (excluding glass land on slopes less than five degrees).

"Business premises" - an occupation, profession or trade which provides a service directly

and regularly to the public, but excludes development elsewhere defined in this Schedule.

"Caravan park" - sites and ancillary facilities for the temporary accommodation of

persons using more than one (1) caravan, campervan, mobile home, temporary cabin, or

tent (i.e., a camping ground) and the like.

"Community facility" - development on land owned or controlled by a public authority or

a body of persons which may provide for the physical, social, religious, cultural or

intellectual development or welfare of the local community but excludes development

elsewhere defined in this Schedule.

"Consulting rooms" - a room or number of rooms within a house or its curtilage or within

a new building used by not more than three professionals who provide professional

treatment or health care services (including dental and optical services) to the public.

"Council" - the Central Highlands Council.

"Depot" - the storage (but not lease, hire or sale) of plant, machinery, goods or materials

used or intended to be used by the owner or occupier, but excludes development elsewhere

defined in this Schedule.

"Development" includes:

(a) the construction, exterior alteration or exterior decoration of a building;

(b) the demolition or removal of a building or work;

(c) the construction or carrying out of works;

(d) the use, subdivision or consolidation of land including buildings or

airspace;

(e) the placing or relocating of a building or work on land;

(f) the construction or putting up for display of signs or hoardings;

but excludes any development of a class or description prescribed, from time to time, by

the regulations made under the Land Use and Planning Approvals Act 1993 for the

purposes of this definition.


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"Development standard" - any dimension, requirement, condition or other standard set

out in this Scheme.

"Dual occupancy" - two dwellings on one lot meeting the following development

standards:

(a) site area of at least 500 square metres,

(b) plot ratio no greater than 0.4:1,

(c) one of the two dwellings must not exceed 90 square metres of gross floor

area,

(d) the development must not place undue load on any existing or projected

utility service or supply,

(e) at least one off street car parking space with suitable access must be

provided to each dwelling,

(f) the dwellings must be physically attached,

(g) the development must not unreasonably interfere in any way with the

amenity of adjoining properties or the locality.

(h) the dwellings remain on the same title.

"Dwelling" - a room or suite of rooms constructed or adapted so as to be capable of

occupation or use as a separate domicile.

"Educational establishment" - a pre-school, nursery, day or child care centre, crche,

kindergarten, school, college, technical college, academy, lecture hall, library, gallery or

museum but excludes an institution.

"Entertainment facility" - the provision of sport, entertainment, exhibitions or display

including sports stadiums, showgrounds, race courses, theatres, cinemas, clubs, concert

halls and the like.

"Extractive industry" - any activity (including a mine) associated with the winning of

metals, minerals or other material, including any washing, crushing, grinding, milling or

size grading of metals, minerals, sand, gravel, clay, turf, peat moss, soil, rock, stone or

similar substances.

"Feedlot" - the farming of animals predominantly by hand and/or machinery based

practices but excludes aquaculture.


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"Floor" - that space within a building which is situated between one floor level and the

floor level next above or if there is no floor above, the ceiling or roof above.

"Forestry" - includes arboriculture, silviculture, forest protection, the cutting, dressing and

preparation (other than in a timber mill) of wood and other forest products and includes

roads associated with such activities.

"Garden centre" - both the growing and retail sale of plants, whether or not ancillary

garden products are also sold.

"Gross floor area" - the sum of the areas of each floor of a building (measured to the

outer face of the external enclosing walls at a height of 1400 millimetres above each floor

level) including void spaces, mezzanines, stairways and the like -but excludes:

(a) columns, fin walls, sun control devices and any elements, projections or

works outside the general lines of the external walls;

(b) lift towers, cooling towers, machinery and plant rooms (including ancillary

storage space) and vertical air conditioning ducts;

(c) car parking needed to meet Council's requirements (and any related internal

access);

(d) goods loading space;

(e) internal public arcades and thoroughfares, terraces and balconies with outer

walls less than 1400 mm high.

"Ground level" - the level of a site as if no development has taken place.

"Health centre" - a building used by more than three persons who provide professional

treatment or health care services (including dental and optical services) to the public asout-patients only, but excludes a hospital, consulting rooms or animal establishment.

"Height" - the maximum vertical distance measured from any point of the ground level (as

defined above) to the highest point of a building or structure (excluding minor protrusions

such as chimneys) directly above that point.

"Heritage conservation area" - land identified as such on the Plan or listed as such in

Schedule 4.

"Heritage item" - any item listed in Schedule 4.

"Home industry" - a home occupation undertaken by the permanent residents of the

dwelling, but where others are also employed but excludes development elsewhere defined

in this schedule.


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"Home occupation" - the use of a dwelling or associated land for the purpose of an

activity but only if that use is undertaken by the permanent residents of the dwelling and

does not interfere unreasonably in any way with the amenity of adjoining properties or the

locality.

"Hospital" - the provision of professional health care services (including preventative or

convalescent care, diagnosis, medical or surgical treatment and counselling) to peopleadmitted as in-patients (whether or not out-patients are also cared for or treated there) but

excludes an institution.

"Hotel" - a public house, tavern or the like which requires licensing under the relevant

liquor licensing laws.

"House" - a dwelling which is the only dwelling erected or to be erected on a lot.

"Industry" - the manufacturing, assembling, altering, repairing, renovating, ornamenting,

finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles,

but excludes development elsewhere defined in this Schedule.

"Institution" - a penal or reformative establishment.

"Lot" - an area of land defined separately in a certificate of title or conveyance registered

in the Office of the Registrar General or Recorder of Titles as at date of commencement of

Planning Scheme.

"Light industry" - an industry which does not impose any undue load on any existing or

projected utility service or supply and in which the processes carried on, the transportation

involved or the machinery or materials used do not interfere unreasonably with theamenity of the neighbourhood, but excludes development elsewhere defined in this

Schedule.

"Multi-unit development" - more than two dwellings on one lot and meeting the

following development standards:

(a) site area of at least 250m2 per dwelling,

(b) plot ratio no more than 0.35:1,

(c) the development must not place undue load on any existing or projected

utility service or supply,

(d) at least one off street car parking space per dwelling, with suitable access,(e) the development must not unreasonably interfere in any way with the

amenity of adjoining properties or the locality,

(f) the dwellings remain on the same title.


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"Multiple use" - any development which is not an integral and subservient part of an

existing or proposed development and shall be defined and treated separately from that

existing or proposed development.

"Offensive or hazardous industry" - means an industry where by the nature of its

operations, raw materials, products, emissions or discharges is considered (by Council) to

be potentially noxious or offensive, or to constitute a potential hazard to public health orsafety which requires isolation from other land, buildings or activities.

"Plan" - the series of maps illustrating zones and other details mentioned in this Scheme.

"Plot ratio" - the ratio of the gross floor area of a building to the site area (as defined

above) of the lot upon which a development exists and/or is to be erected.

"Recreation facility" - sporting, recreation or leisure activities, whether or not operating

for the purpose of gain, but does not include development elsewhere defined in this

Schedule.

"Research and development facility" - the development of electronic technology,

biotechnology or other scientific discipline for application to commerce, industry,

government or rural pursuits including administration, promotion, conferences, displays,

laboratories, assembly and manufacturing.

"Restaurant" - a building or place, the principal purpose of which is the provision of

cooked food to the public whether consumed on or off the premises.

"Roadside stall" - a building or place not exceeding 20 square metres in area where only

primary products produced on the property are exposed or offered for sale or sold by retail.

"Rural industry" - the handling, treating, processing or packing of primary products

(including timber) and includes the servicing in a workshop of plant or equipment used for

rural purposes in the locality.

"Rural workers dwelling" - a second dwelling on an existing lot, which is to be used as

the principal place of residence by a person employed in agriculture, aquaculture, feedlot,

forestry, timber mill or rural industry and located on such land.

"Saleyard" - land used for the sale of animals, and associated activities such as yarding,

inspection, loading and unloading.

"Scheme" - this Central Highlands Planning Scheme.

"Scrap yard" - land used for the collection, storage, abandonment, salvage, recycling of

second hand or scrap materials for resale.


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"Service station" - the fuelling of motor vehicles involving the sale by retail of petrol, oil

and other petroleum products whether or not the building or place is also used for any one

or more of the following purposes:

(a) retail sale of spare parts and accessories for motor vehicles;

(b) washing and greasing of motor vehicles;

(c) installation of accessories;

(d) repairing and servicing of motor vehicles (other than body building, panel

beating or spray painting).

"Shop" - the display, hiring or selling of goods or materials (whether by retail or auction).

"Sign" - the display of any symbol, message or other device for promotional purposes or

for conveying information, instructions, directions or the like, whether or not the display

includes the erection of a structure or the carrying out of a work.

"Site area" - the area of land to which a proposal to build relates, excluding any land uponwhich the development is not permitted by this Scheme.

Structure - includes any building, erection, works or the like.

Subdivision - see development

Sustainable development - means managing the use, development and protection of

natural and physical resources in a way, or at a rate, which enables people and

communities to provide for their social, economic and cultural well-being and for their

health and safety while -

(a) sustaining the potential of natural and physical resources to meet the reasonably

foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacity of air, water, soil and ecosystems; and

(c) avoiding, remedying or mitigating any adverse effects of activities on the

environment.

Timber Harvesting Plan - a plan approved under the provisions of the Forest Practices

Code existing as at the date of commencement of this Scheme.

"Timber mill" - a mill handling, cutting or processing timber from logs or baulks.


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"Transport terminal" - the garaging, parking, maintenance or minor repairs of motor

vehicles used for carrying or transfer of persons and/or goods for hire, reward or other

consideration.

"Utility (major)" - utilities other than a Utility (minor).

"Utility (minor)" - the physical reticulation to or from proximal areas of a water,

sewerage, stormwater, electricity, telecommunications or telephone service and includes a

sewage pump station, electrical substation of not more than 110kv capacity, a water supply

reservoir, a telephone exchange, a fire station, and the like.

"Vehicle workshop" - the repair of vehicles or agricultural machinery involving body

building, panel beating and spray painting.

"Visitor accommodation" - transient accommodation for the visiting public and includes

a holiday cabin or unit, serviced apartment, host farm, motel, guest house and the like but

does not include development elsewhere defined in this Schedule.

"Welfare building" - a residence for the care of children, the physically, socially or

mentally handicapped or the aged or infirm and includes a home for the care of State

Wards or orphans, a benevolent institution or a nursing or convalescent home.


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SCHEDULE 2 - EXEMPTIONS

The following use or development does not require Council approval:

(a) The painting of buildings and structures not listed as heritage items in the

planning scheme or upon the Tasmanian Heritage Register.

(b) The removal of trimming of trees for reasons of safety and protection of the

property.

(c) The removal of environmental weeds.

(d) Vegetation planting and pruning.

(e) The restoration and rehabilitation of land associated with existing lawful

use or development.

(f) Landscaping and gardening works including trellises, seating, lattice and

garden arches associated with existing lawful use or development.

(g) Maintenance of buildings where it does not involve external structural

alterations.

(h) Side and rear boundary fences not adjoining a road and not exceeding a

combined height of 1.8m except in the Holiday Residential zone whereboundary fencing is prohibited.

(i) Works carried out for the maintenance and repair of infrastructure including

but not necessarily limited to roads, tracks, footpath, drains, sewers, power

lines, pipelines and telecommunications facilities.

(j) Street furniture, fire hydrants and traffic control devices.

(k) A maximum of two aerials or antennae incidental to an approved use.


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(l) Minor domestic buildings or structures within the rear curtilage of a

residential development including non commercial dog kennels, garden

sheds, glass houses, rubbish receptacles or other such minor structures for

the domestic needs of the occupants provided that:

(i) the gross floor area of the building or structure does not exceed 10

square metres;

(ii) no part of the building or structure is higher than 2.5m in the case of

a flat or mono pitched roof construction and 3m in the case of aconstruction where the pitch is at least 15 degrees;

(iii) no part of the building or structure is sited within 1.5 metres of any

property boundary; and

(iv) no part of the building or structure encroaches within any service

easement or within one metre of any underground service main.

(m) Minor agricultural buildings or structures (excluding signs) in the rural zone

provided that:

(i) the buildings or structures are part of an existing lawful use or

development;

(ii) the gross floor area of the building or structure does not exceed 50

square metres;

(iii) no part of the building or structure is higher than 3 metres in the

case of a flat or mono pitched roof construction and 3.5 m in the

case of a construction where the pitch is at least 15 degrees;

(iv) the relevant setback requirements are met; and

(v) no part of the building or structure encroaches within any service

easement or within one metre of any underground service.

(n) Minor buildings or structures (excluding signs) in the Conservation, Water

Conservation and Forestry Purpose zones provided that:(i) the building or structures are part of an existing lawful use or

development;

(ii) the gross area of the building or structure does not exceed 10 square

metres.

(iii) no part of the building or structure is higher than 3 metres in the

case of a flat or mono pitched roof construction and 3.5m in the case

of a construction where the pitch is at least 15 degrees;

(iv) the relevant setback requirements are met; and

(v) no part of the building or structure encroaches within any service

easement or within one metre of any underground service main;

(vi) external materials are non-reflective and blend with the landscape;

(vii) no part of the building or structure is located within 30 metres of a

wetland or waterway.


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(o) Temporary sporting, social and cultural events.

(p) Emergency works required to protect public safety, property or the

environment.

(q) Forestry conducted within a state forest and or private land which is

conducted in accordance with an approved Timber Harvesting Plan.


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SCHEDULE 3 - ROAD HIERARCHY, ACCESS

AND SETBACK REQUIREMENTS

Introduction

S.3.1 This Schedule establishes a hierarchy of roads. The access, location and

setback requirements in respect to any section of road not restricted to a 60

km/h speed limit shall conform to the relevant requirements of this

Schedule.

Sight Distance

S.3.2 Access to a road whether subject to a 60 km/h speed limit or not, shall have

adequate sight distances as set out in Figure 1.

Definitions

S.3.3 For the purposes of this Schedule :

(a) The term development includes subdivision.

(b) Access is any place where vehicles enter or leave a road from the

adjoining property or roads and includes road junctions, private

entrances, driveways and gates in boundary fences.

(c) Minor Access is an access serving a development which will

generate not more than 40 vehicle movements per day (eg not more

than 20 vehicles enter and 20 vehicles leave an adjoining road); and

(d) Major Access is an access serving a development which will

generate more than 40 vehicle movements per day.

Note: In determining traffic generation, the number of existing traffic movements

to and from the parent holding must be taken into account, and in

determining the traffic generation of any proposed development the

potential roadside parking demand shall be included in the assessment ofvehicular movements.


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Access to Roads - Subdivision or Development

S.3.4 The proposed location for a Minor or Major Access shall comply with the

sight distance requirements set out in Figure 1 to this Schedule and the

access location requirements of S.3.7 and/or S.3.9.

S.3.5 Proposals for access to a State Road (or to a side road within 50 metres ofa Sate Road) are to be referred by the Council to the relevant State Road

Authority for its comments or requirements which shall be taken into

consideration.

Deficient Junctions with the State Road Network

S.3.6 In considering applications for development on land with access from the

following roads to the Lyell Highway, Lake Highway and Poatina Road

Council shall have regard to deficiencies which the road authority advises

have not been rectified in terms of sight distance and/or construction.

From Lyell Highway Visibility

left right

Approach

Speed

Sight

Distance

Note

St Marys Church Road (north of Gretna) 160 160 90 210 1

Marked Tree Road 140 adequate 90 210 2

Hamilton Plains Road adequate 130 90 210 3

Hollow Tree Road adequate 130 80 175 4

Langloh Road adequate 200 90 210 5

Cleveland Road 140 170 90 210 6Oldina Drive (north access to Tarraleah) see figure 1 65 130

Thousand Acre Lane 180 adequate 85 195 7

Notes:

1 Vegetation in road reserve requires trimming to increase sight distance.

2 Vegetation trimming and sight benching in road reservation required.

3 Left turn in visibility = 185m.4 Forward right turn in visibility = 130m.

5 Forward right turn in visibility = 180m.

6 Rear right turn in visibility = 140m.

7 Rear right turn in visibility = 150m.


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From Lake Highway Visibility

left right

Sight

Distance

Note

Bisdees (K2797) adequate 45a

65b

95c

140 1

Fordells (K2616) adequate adequate 2Slabon (K3107) adequate 157 210 3

Waddamana (K3136) adequate adequate 4

Notes:

1 Southern leg of junction should be closed due to poor geometry and sight distance

(refer to Visibility Note a). Northern leg should be relocated to provide

satisfactory visibility (refer Visibility Notes b & c - rear left turn in) and

geometry.

2 Gradient requires improvement. Raising level of road necessary.

3 Deficient to west; junction relocation recommended.

4 Generally adequate although obscured by foliage to left and right.

From Poatina Road Visibility

left right

Sight

Distance

Note

Pump House (K3712) 140 140 250 1

Notes:

1 Very poor visibility. Signs at junction indicate that it is an HEC private road.


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Access Location Requirements From Roads Not Subject to a 60 km/h Limit

S.3.7 Road categories and access controls are as set out below. Note that there

are no Category 1 roads within the Central Highlands Council Area.

CATEGORY 2 CATEGORY 3

ROAD Lyell Highway Marlborough Highway

Lake Highway

Poatina Road

ROAD FUNCTION Major arterial roads which

provide for longer journeys

and through traffic

Secondary arterial roads which

complement the arterial network

by linking that network with

outlying areas of the Municipality

and provide safe and efficient

traffic movement.

LEVEL OF ACCESSCONTROL REQUIRED Generally no direct sub-division or development

access. Access to be via side

roads or approved new road

on access junctions.

Direct access permitted in strictaccordance with guidelines.

METHOD OF ACCESS

CONTROL AND

ADMINISTRATION

Limited access where

appropriate complemented by

the relevant State Road

Authority in conjunction with

Council.

Control exercised by Council and

the relevant State Road Authority.

ACCESS LOCATIONS

(a) MAJOR ACCESS Via designated road junction

only

One (1) access per existing lot

(see notes below)

(b) MINOR ACCESS One (1) access per existing lot

(see notes below)

One (1) access per existing lot

(see notes below)


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NOTES:

1. Where possible and reasonable, one new access per parent holding existing at the

appointed date should be used for all subdivision and / or new development.

2. Where possible and reasonable, one combined Major Access should be provided

for low and high traffic generating development proposed on the same property.

3. Where possible, access should be on a common boundary and combined with an

access actually serving the adjacent property or potentially able to so serve.

General Notes - State Road Network

S.3.8 (a) An access to a Category 2 or 3 road shall be located no closer than

50 metres from any other access on the opposite side of the road

when measured between the centrelines of those access points

along the centreline of that road (an occasionally used farm

paddock access is exempt).

(b) A new access on an existing side road shall not be permitted if it is

within 50 metres of the junction of the side road and a Category 2 or

3 road (an occasionally used farm paddock access is exempt).

(c) For the purposes of (b) above, the distances shall be measured from

the centreline of the Category 2 or 3 road.

(d) Where a new access location is approved or required, closure of

existing accesses will normally be required as a condition of

approval for subdivision or development.


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Access Location Requirements from Council Roads

S.3.9 Road categories and access controls are as set out below

CATEGORY 4 CATEGORY 5

ROAD

Hollow Tree Road

Dennistoun Road

Wayatinah Road

Interlaken Road

Ellendale Road

Lake St Clair Road

Tarraleah Access Road

Victoria Valley Road

Bashan - Waddamana Road

Fourteen Mile Road

Strickland Road

Pelham Tier Road

Thousand Acre Lane

Marked Tree Road

Arthurs Lake Road

Lake Augusta Road

Lower Marshes Road

Tor Hill Road

ROAD FUNCTIONDistributor roads whichconnect arterial roads

(Category 2 or 3) to areas of

the Municipality. Their

function is primarily traffic

movement rather than

direct access to property.

Local connector roads whichsupplement Category 4 roads.

LEVEL OF ACCESS

CONTROL REQUIRED

Where possible, access to be

via existing side roads or

approved new road junctions,

or via a common accesspoint.

Where possible access is to be via

a common access point and

determined by adequate sight and

distance requirements.

General Notes - Council Roads

Where a new access is approved or required, closure of existing accesses will

normally be required as a condition of development approval.


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Setbacks From Roads NOT Subject to a 60km/h Speed Limit.

S.3.10 In all cases, the setback is to be measured from the existing (or future) road

reservation boundary.

S.3.11 The intent of a setback from roads NOT subject to a 60km/h speed limit is

to ensure an adequate road corridor, alongside existing or future roads, for

the following purposes.

(a) to allow for future road upgrading and provision of services

(b) to reduce the impact of new buildings and to preserve the visual

amenity, particularly for visitors.

(c) to allow for noise attenuation to dwellings; and

(d) to prevent undesirable, and disruptive, highway and land use

interaction.

S.3.12 To meet the intent of Clause S.3.11 (unless otherwise approved in

accordance with Clause S.3.13) all developments requiring a planning

permit shall be set back at least 50 metres from Category 2 roads and 30

metres from all other roads and all new lots shall be designed so that the

minimum setbacks to buildings can be achieved.

S.3.13 Where, due to either topographical constraints or the size of any allotmentthe specified setback cannot be met, a lesser setback may be approved at the

discretion of the Council. If an application involves discretion on a State

Road, Council shall consult with the relevant State Road Authority.


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Central Highlands Planning Scheme 1

Central Highlands Planning Scheme 1998 August 2004

Documents

Transcript of Central Highlands Planning Scheme 1998 August 2004