PUBLIC DISPLAY OF APPROVAL · The draft amendment consists of a single rectangular parcel (folio of...

PUBLIC DISPLAY OF APPROVAL

available to view at the Council Offices for 14 days from the

date of approval.

Northern Midlands Interim Planning Scheme 2013

Approval of Amendment 02/2020

In accordance with s42 of the Land Use Planning & Approvals

Act 1993, the Tasmanian Planning Commission has granted final

approval for the following amendment to the Northern

Midlands Interim Planning Scheme 2013.

Amendment 02/2020 (Approved 27 August 2020)

Location: 21 Napoleon Street, Perth

Purpose: To rezone from Light Industrial to General

Residential

In conjunction with an application under s43A of LUPAA for a 2

Lot Subdivision.

Level 3, 144 Macquarie Street Hobart Tasmania GPO Box 1691 Hobart TAS 7001 Ph: 03 6165 6828 Email: [email protected]

www.planning.tas.gov.au

Our ref: DOC/20/84682 Officer: Mitchell Clark Phone: 03 6165 6822 Email: [email protected]

21 August 2020

Mr Des Jennings General Manager Northern Midlands Council PO Box 156 LONGFORD TAS 7301

By email: [email protected]; [email protected]

Attention: Paul Godier

Dear Mr Jennings Northern Midlands Interim Planning Scheme 2013 Draft amendment 02-2020 & permit PLN-20-0049

Rezone 21 Napoleon Street, Perth from Light Industrial to General Residential and 2 lot subdivision

The Tasmanian Planning Commission has modified and approved this draft amendment, under section 41(ab) and 42, of the former provisions of the Land Use Planning and Approvals Act 1993 (the Act).

Permit PLN-20-0049 has been modified by the Commission under section 43H(1)(b)(ii) of the Act. Council should administratively issue a fresh copy of the permit, including the modifications required by the Commission’s decision, and provide the modified permit to the applicant.

The Commission has specified that the approved amendment and permit come into operation on 27 August 2020. The Commission will make the necessary amendments to the planning scheme for viewing on the LIST website.

Please find enclosed a copy of the Commission’s decision and approved amendment.

In accordance with section 42(3)(d) of the Act, Council is required to give notice of the decision and in this respect your attention is drawn to regulation 8 of the Land Use Planning and Approvals Regulations 2014.

If you require further information please contact Mitchell Clark, Planning Adviser, on 03 6165 6822.

Yours sincerely

Karen Fyfe Executive Planning Officer

mailto:[email protected]://www.thelist.tas.gov.au/

TASMANIAN PLANNING COMMISSION

Approved

Operative date: 27 August 2020

Northern Midlands Interim Planning Scheme 2013

Draft amendment 02-2020

Rezone land at 21 Napoleon Street, Perth (folio of the Register 240512/1) and adjoining road from Light Industrial to General Residential, as follows:

10 General Residential Zone

Note:

References to provisions of the Land Use Planning and Approvals Act 1993 (the Act) are references to the former provisions of the Act as defined in Schedule 6 – Savings and transitional provisions of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Act) 2015. The former provisions apply to an interim planning scheme that was in force prior to the commencement day of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Act) 2015. The commencement day was 17 December 2015.

DECISION

Planning scheme Northern Midlands Interim Planning Scheme 2013

Amendment 02-2020 - rezone land at 21 Napoleon Street, Perth from Light Industrial to General Residential

Permit PLN-20-0049 - develop 21 Napoleon Street and 40 Cromwell Street, Perth by subdivision for 2 lots and associated works

Planning authority Northern Midlands Council

Applicant 6ty° Pty Ltd

Date of decision 6 August 2020

Decision

The draft amendment is modified under section 41(ab) of the Land Use Planning and Approvals Act 1993 as set out in Annexure A and is approved under section 42.

The permit is modified under section 43H(1)(b)(ii) of the Land Use Planning and Approvals Act 1993, as set out in Annexure B.

Sandra Hogue Acting Executive Commissioner

Northern Midlands Interim Planning Scheme 2013 Draft amendment 02-2020 and Permit PLN-20-0049

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REASONS FOR DECISION

Background

Amendment

A draft amendment was initiated by the planning authority under 34(1)(a) and certified under provisions 35(1) of the former provisions to rezone land at 21 Napoleon Street, Perth from Light Industrial to General Residential.

Permit

A permit for land at 21 Napoleon Street, Perth and 40 Cromwell Street, Perth for subdivision of 2 lots and associated works.

Lot 1 contains an existing dwelling, outbuilding and property access with an area of approximately 3,015m2 and frontage of 47.29m to Napoleon Street. Lot 2 has an area of approximately 4,017m2 and frontage of 5m to Napoleon Street.

Site information

The site is located on the eastern side of Napoleon Street, approximately 90m north of the intersection with Edward Street, on the western edge of the Perth Township.

The draft amendment consists of a single rectangular parcel (folio of the Register 240512/1) of 7,044m2 owned by NL and BA Hill. The permit includes adjoining land to the east at 40 Cromwell Street, Perth (folio of the Register 156766/3) of 2,755m2 owned by MD van Donselaar. This land is required to provide an outlet for sewer and drainage works.

The site forms part of the upper terraces of the South Esk River, with an easterly aspect and elevation of approximately 165m on the Australian Height Datum (AHD83), rising to Oakmount to the west. The site drains with flat slopes towards the rear and there by public stormwater system to the river to the east.

The site is cleared urban land and contains no areas of natural values. The applicant advises that a search of the Aboriginal Heritage Tasmania database did not identify any registered Aboriginal relics, or apparent risk of impacting Aboriginal relics, as a result of the development of the site.

The land at 21 Napoleon Street contains a single dwelling and associated outbuildings located in the front half of the site. The land at 40 Cromwell Street contains a single dwelling and associated outbuildings.

Adjoining land to the north is developed with a storage facility and joinery workshop. Land to the south and east is used and developed for Residential. Land to the west is used for Resource development.

The site has a 52.29m frontage to Napoleon Street, which is a partly constructed local highway under the care and management of the council with a speed limit of 60kmph or less. The site is serviced and lies within the TasWater water and sewer service areas. Electricity and telecommunications services are available.

The site is zoned Light Industrial. Surrounding land is in the Light Industrial Zone to the north, General Residential Zone to the east, south and the west.

The site and surrounding land is partly subject to the Bushfire-Prone Areas and entirely within the Urban Growth Boundary overlays.


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Issues raised in representations

No representations were received in response to the exhibition of the draft amendment from 2 May to 2 June 2020.

On 6 April 2020, TasWater provided a Submission to Planning Authority Notice TWDA 2020/00439-NMC under subsection 56S(2) of the Water and Sewerage Industry Act 2008, advising it does not object and has no formal comments for the Commission in relation to this matter and does not require to be notified of nor attend any subsequent hearings. TasWater provided conditions to be included on the permit under to section 56Q(2) of the Water and Sewerage Industry Act 2008.

Under section 56P(1) of the Water and Sewerage Industry Act 2008, the TasWater submission is taken to be a representation made under subsection 43F(5).

Planning authority’s response to the representations

On 23 June 2020, the council’s Senior Planner provided a section 39 report under delegation, stating: • no representations were received during the exhibition period; • modification of the draft amendment is not required; • recommending the Commission give its final approval; and • no modification is requested of permit PLN-20-0049 as issued by the council.

Consideration of the draft amendment

1. Under section 40 of the Land Use Planning and Approvals Act 1993 (the Act), the Commission is required to consider the amendment and the representations, statements and recommendations contained in the planning authority’s section 39 report.

2. One representation was received from TasWater and after consultation under section 40(2A) of the Act, the Commission dispensed with holding a hearing.

3. The amendment has been initiated and certified by the Northern Midlands Council, in its capacity as planning authority, and further supported in the reports under sections 35 and 39.

4. Under section 32(1), in the opinion of the relevant decision-maker, a draft amendment: (a)-(d) . . . (e) must, as far as practicable, avoid potential for land use conflicts with use and

development permissible under the planning scheme applying to the adjacent area;

(ea) must not conflict with the requirements of section 30O; (f) must have regard to the impact that the use and development permissible

under the amendment will have on the use and development of the region as an entity in environmental, economic and social terms.

5. Section 32(1)(e) is not considered relevant to the draft amendment, as the land does not adjoin an adjacent municipal area.

6. Section 30O includes that: (1) An amendment may only be made under Division 2 or 2A to a local provision of

a planning scheme, or to insert a local provision into, or remove a local provision from, such a scheme, if the amendment is, as far as is, in the opinion of the relevant decision-maker, practicable, consistent with the regional land use strategy for the regional area in which is situated the land to which the scheme applies.


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7. Subsections 30O(2)-(5) inclusive relate to the effect of amending a local provision with respect to common provisions. These matters are not relevant, as the draft amendment has no implications for any common provisions.

8. Under section 32(1)(f) regional impacts of use and development permissible under the amendment have been considered with reference to the Northern Tasmania Regional Land Use Strategy 2010-2030 (regional strategy), and the interim planning scheme.

9. Under section 32(2), the provisions of section 20(2)-(9) inclusive apply to the amendment of a planning scheme in the same manner as they apply to a planning scheme.

Regional land use strategy

10. The submission in support of the section 33 application prepared by 6ty° Pty Ltd (supporting report) addressed the actions and policies in the regional strategy and applicable requirements of the regional strategy.

11. The supporting report states that the draft amendment furthers the objectives and strategies of the regional strategy by supporting the:

• further residential use and development on an underutilised site within an Urban Growth Area (Supporting Consolidation Area) identified in the regional strategy;

• regional settlement pattern strategies; • development of contained settlement areas within the Greater Launceston Area

consistent with Regional Framework Plan Map D.3.; • Perth Neighbourhood/Town Centre activity centre, including the efficient use of

existing services; and • other relevant regional policies and actions in the regional strategy.

12. The planning authority submits the draft amendment is consistent with the regional strategy, which identifies Perth as a Supporting Consolidation Area, and the uses and developments allowable under the draft amendment are expected to have positive impacts on the use and development of the region in environmental, economic and social terms.

13. As such, the planning authority submits the proposal is consistent with mandatory provisions under section 30(O).

Commission’s consideration

14. The Commission accepts the views of the applicant and planning authority that the draft amendment is, as far as is practicable, consistent with the regional strategy as required under section 30O.

Potential contamination

15. National Environmental Protection Measures (NEPMs) are broad framework setting statutory instruments made under the National Environment Protection Council (Tasmania) Act 1995. Section 12A of the State Polices and Projects Act 1993 provides that a NEPM is taken to be a State Policy.

16. The National Environment Protection (Assessment of Site Contamination) Measure 1999 (the NEPM) deals with site contamination. Section 6(5) requires a planning authority to ensure that a contaminated site being considered for a change of use is suitable for its intended use.

17. No evidence is provided by the applicant about whether the site is potentially contaminated, other than to say it has historically been used for residential purposes.

18. The planning authority submits that the NEPM is not relevant to the draft amendment.


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Commission’s consideration

19. The site is in the Light Industrial Zone and adjoins land in the same zone. In view of the zoning and proximity to existing industrial uses, the Commission is required to determine if the site is potentially contaminated and suitable for its intended use.

20. Having regard to the nature of the site and former uses, the Commission is satisfied that the site is suitable for the intended uses and so complies with the NEPM.

State Policies and Resource Management and Planning System Objectives

21. The Commission finds that no other State Policies are relevant to the draft amendment and that it seeks to further the Objectives of the Resource Management and Planning System in Schedule 1.

Modifications required to draft amendment

22. The rezoning of the adjoining road has not been carried out in accordance with the Commission’s established practice and will leave a portion of Light Industrial Zone within the road.

23. The zone map should be modified to draw the zone boundaries in the centre of the road to match the adjoining zoning, as shown in Annexure A.

Decision on draft amendment

24. Subject to the modifications described above, the Commission finds that the draft amendment is in order and gives its approval.

Consideration of the permit

25. Under section 43H, the Commission is required to review the planning authority’s decision as reported under section 43F.

26. Subject to the modifications to permit conditions below, the permit is in order.

Resource Management and Planning System Objectives

27. The Commission finds that the permit seeks to further the Objectives of the Resource Management and Planning System in Schedule 1.

Modifications to permit conditions

28. Condition 1 provides as follows (emphasis added): 1 Layout not altered The use and development must be in accordance with the endorsed document P1 (Proposed Plan of Subdivision, 6ty°, Project No. 19.007, Drawing No. P01, Rev A, 3-4-2020) and P2 (Planning Submission, 6ty°, Dated 18/1/2020).

29. The condition is required to be modified to remove reference to use as the permit is for development only.


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30. Condition 2.2 provides as follows (emphasis added): 2.2 Access (Urban)

a) A concrete driveway crossover and apron must be constructed from the edge of Napoleon Street to the property boundary of each Lot in accordance with Council standards.

b) Access works must not commence until an application for vehicular crossing has been approved by Council.

31. As Lot 1 contains an established dwelling and access, there is no change in use requiring the driveway access to be upgraded. The condition is to be modified to refer to Lot 2 only.

32. Other editorial modifications are provided to improve clarity.

TasWater conditions

33. The TasWater notice to the planning authority provided conditions to be included in the permit under sections 56P and 56S of the Water and Sewerage Industry Act 2008.

34. Condition 6 on the TasWater notice provides for the payment by the developer of a fee for development assessment and for consent to register a legal document.

35. This condition is not for a proper planning purpose1 and is to be removed, but may be included as advice.

Decision on permit

36. The Commission modifies the conditions attached to the permit granted by the planning authority, as set above.

Attachments

Annexure A – Modified amendment

Annexure B – Modified permit

1 See Western Australian Planning Commission v Temwood Holding Pty Ltd [2004] HCA 63 at 57 and 60


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Annexure A

Modified amendment 02-2020

Rezone land at 21 Napoleon Street, Perth (folio of the Register 240512/1) and adjoining road from Light Industrial to General Residential, as follows:

10 General Residential Zone


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Annexure B

Modified permit PLN-20-0049

In accordance with Division 2 of the Land Use and Planning Approvals Act 1993, the Northern Midlands Council (Planning Authority) hereby grants a permit for –

ADDRESS OF LAND:

21 NAPOLEON STREET PERTH Property No: 7417220

Subdivision No: 27/003/882

CT 240512/1

THIS PERMIT ALLOWS FOR:

*The land at 21 NAPOLEON STREET, PERTH to be developed for a 2-lot subdivision in accordance with application PLN-20-0049, and subject to the following conditions:

1 Layout not altered

*The development must be in accordance with the endorsed document P1 (Proposed Plan of Subdivision, 6ty°, Project No. 19.007, Drawing No. P01, Rev A, 3-4-2020) and P2 (Planning Submission, 6ty°, Dated 18/1/2020).

2 Council’s Works & Infrastructure Department’s Conditions

2.1 Stormwater

a) Each lot must be provided with a connection to the Council’s stormwater system, constructed in accordance with Council standards and to the satisfaction of Council’s Works & Infrastructure Department.

b) The final plan must show a building area for the part of the lot that can be drained to Napoleon Street; or

*c) A Part 5 agreement shall be entered into for each lot requiring a dispersion drain be constructed prior to any building works on the lot. The Part 5 agreement shall require that; • The drain shall be sized taking into account the permeability of the soil. • The drain shall be sized to meet the full range of storms for the 10 year ARI

for storage capacity with an additional safety factor volume 50% above the calculated need.

• The drain shall be located to command the stormwater discharge from all areas of the site which cannot be drained via a gravity connection to the kerb.

• The drain shall be installed along the contour at a minimum of 6.0 metres clear of boundaries down slope of the facility.

• The installation must be located to ensure there is no concentrated discharge from the facility.

• A system operation / maintenance manual must be provided and approved by the Engineering Services Manager.

• The system shall be marked on an “As Constructed” plan to Council requirements with the plan provided to Council.

• The system must be installed prior to site occupancy, operated and maintained by the owner in conformity with the manufacturer or design engineer’s instruction manual and any additional conditions as required by Council. Any nuisance / concentrated discharge from the facility shall be


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rectified by the owner to Council’s requirements and at the owner’s expense within 14 days notice of the nuisance.

2.2 Access (Urban)

*a) A concrete driveway crossover and apron must be constructed from the edge of Napoleon Street to the property boundary of Lot 2 in accordance with Council standards.

b) Access works must not commence until an application for vehicular crossing has been approved by Council.

2.3 As constructed information

As Constructed Plans and Asset Management Information must be provided in accordance with Council’s standard requirements.

2.4 Municipal standards & certification of works

Unless otherwise specified within a condition, all works must comply with the Municipal Standards including specifications and standard drawings. Any design must be completed in accordance with Council’s subdivision design guidelines to the satisfaction of the Works & Infrastructure Department. Any construction, including maintenance periods, must also be completed to the approval of the Works & Infrastructure Department.

2.5 Works in Council road reserve

a) Works must not be undertaken within the public road reserve, including crossovers, driveways or kerb and guttering, without prior approval for the works by the Works Manager.

b) Twenty-four (24) hours notice must be given to the Works & Infrastructure Department to inspect works within road reserve, and before placement of concrete or seal. Failure to do so may result in rejection of the vehicular access or other works and its reconstruction.

2.6 Separation of hydraulic services

a) All existing pipes and connections must be located.

b) Where required, pipes are to be rerouted to provide an independent system for each lot.

c) Certification must be provided that all hydraulic services have been separated between the lots.

2.7 Pollutants

a) Pollutants such as mud, silt or chemicals must not be released from the site.

b) Prior to the commencement of the development authorised by this permit all necessary silt fences and cut-off drains must be installed to prevent soil, gravel and other debris from escaping the site. Material or debris must not be transported onto the road reserve (including the nature strip, footpath and road pavement). Any material that is deposited on the road reserve must be removed. Should Council be required to clean or carry out works on any of their infrastructure as a result of pollutants being released from the site the cost of these works may be charged to the developer/property owner.


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2.8 Nature strips

Any new nature strips, or areas of nature strip that are disturbed during construction, must be topped with 100mm of good quality topsoil and sown with grass. Grass must be established and free of weeds prior to Council accepting the development.

*3 TasWater conditions

Sewer and water services shall be provided in accordance with TasWater’s Planning Authority Notice (reference number TWDA 2020/00439-NMC, dated 06/04/2020), except for condition 6 – see Appendix A.

4 Public Open Space Contribution

A cash contribution must be paid in lieu of land for public open space in accordance with Council policy: • $1,400 per new lot; or • The applicant may obtain a valuation not less than one month old by a registered land valuer,

of the subject land, less one of the proposed lots. The Public Open Space Rate shall total 5% of that value.

5 Sealing of Plans

The final plan of survey will not be sealed until all conditions have been complied with.

*permit conditions modified by the decision of the Tasmanian Planning Commission dated 6 August 2020

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