DECISION AND REASONS FOR DECISION
Amendment
D3/2014
Section 43A permit
DA 2014/53
Planning instrument
George Town Interim Planning Scheme 2013
Planning Authority
George Town Council
Applicant
Planning Development Services obo Stephen Hopson
Owner of land
Stephen Hopson
Date of decision
27 February 2015
Delegates
Greg Alomes and John Vandenberg
Date of Commission’s delegation
5 January 2015
Description of draft amendment [formerly dispensation]
Draft Amendment D3/2014 to amend the George Town Interim Planning Scheme 2013 (the
Scheme) affects land on CT 26864/1 at 49 Hillwood Jetty Road, Hillwood.
Under the draft amendment the land is proposed to be zoned Rural Living and the subdivision
provision of the scheme 13.4.2 A1.1 a) is to be amended to allow the land to be subdivided into 3
lots in accordance with the proposal plan drawn by AJ Phillips Surveying dated 3 July 2013.
Description of permit
Permit DA 2014/53 provides for the abovementioned subdivision with the lot sizes of 9764 m2,
9259 m2 and 11,410 m2 in area. Lots 1 & 2 are to have an access onto Miller Court and Lot 3 has
an existing access onto Hillwood Jetty Road.
Decision
Pursuant to section 41(ab) of the Land Use Planning and Approvals Act 1993 (the Act) the
Commission modifies the draft amendment D3/2014 as set out in Annexure A and pursuant to
section 42 gives its approval to the draft amendment D3/2014 as modified.
Pursuant to section 43H (1)(b)(ii) of the Act the Commission modifies the permit DA 2014/53 as
set out in Annexure B and Annexure C.
Greg Alomes
Chair
John Vandenberg
Delegate
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
REASONS FOR DECISION
Background
The land which is the subject of the amendment includes the site intended for development, is
located on CT 149336/1 at 49 Hillwood Jetty Road, Hillwood and is currently zoned Rural Resources
under the Scheme.
On 5 September 2014, an application under 30Q and 30R of the Land Use Planning and Approvals Act
1993 (the Act) was made by Planning Development Services (the Applicant). Land owner’s consent
for the making of the application was given on the application form by Stephen Hopson.
The George Town Council resolved on 15 October 2014 under section 30S of the Act to support the
dispensation application and issue a draft permit for the subdivision of the land into 3 lots.
On 1 January 2015, the Act was amended, with the commencement of the Land Use Planning and
Approvals Amendment (Streamlining of Process) Act 2014. The changes include a streamlined
amendment process that applies to all planning schemes and replaces the dispensation process for
interim planning schemes. The amended legislation includes transition and saving provisions
(Schedule 5) for existing dispensation applications to be assessed as draft amendment applications
under Division 2 of the Act. The assessment of such applications is to continue according to the
equivalent stage reached in the dispensation process prior to 1 January 2015.
The changes to the Act also make the Commission a relevant decision-maker in relation to the
interim planning scheme (section 20(2A)) and ‘give weight’ to the opinion of the relevant decisionmaker (section 32(1) and section 40(2AA)).
The dispensation became an amendment to the Scheme on 1 January 2015 in accordance with the
Land Use Planning and Approvals (Streamlining of Process) Act 2014.
Therefore, this dispensation application is required to be assessed and determined as a draft
amendment to the George Town Interim Planning Scheme 2013. Accordingly, the Commission as the
relevant decision-maker is required to modify the draft amendment that best reflects the intended
effect of the former dispensation then exercise the functions and powers to make determinations
under section 40 and section 41 of the Act, rather than under section 30W (which has been
repealed).
The Delegates confirmed this information at the public hearing and advised that the dispensation
application had become an amendment to be considered under the appropriate amendment
provisions under the Act.
Amendment
The draft amendment proposes to amend the George Town Interim Planning Scheme 2013 (the
Scheme) by amending the zone of the property to the Rural Living Zone and the subdivision provision
of the scheme 13.4.2 A1.1 a) is to be amended to allow the land to be subdivided into 3 lots in
accordance with the proposal plan drawn by AJ Phillips Surveying dated 3 July 2013.
Section 43A permit
In addition to the amendment, a permit forms part of the application under section 43A of the Act.
The permit DA 2014/53 is for the subdivision of the property into three lots, with lots sizes of 9,764
m2, 9,259 m2 and 11,410 m2 in area. Lots 1 & 2 are to have an access onto Miller Court and Lot 3 has
an existing access onto Hillwood Jetty Road.
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
Representations
The dispensation and draft permit were exhibited for three weeks from 18 October 2014 to 10
November 2014 in accordance with 30U of the Act.
Two representations were received during the public notification period.
Representations were received from the following:
1.
A and H Scott, 25 Jetty Road, Hillwood
2.
A and E Jones, 17 Miller Court, Hillwood
Issues raised in the representations
The representors raised the following issues:
•
Potential attacks on sheep from dogs on the new properties.
•
Potential impacts on adjoining agricultural activities;
•
Potential impacts on amenity from stormwater and sewerage disposal;
•
Miller Court should be upgraded to include kerb and guttering and a footpath; and
•
Objection to street lighting.
Planning Authority’s response to the representations
The Planning Authority’s report pursuant to s30V of the Act stated that two representations were
received in relation to the dispensation.
After considering the report, the Planning Authority resolved on 12 November 2014 that no
modification was required to be made to the dispensation and that modifications were required
to be made to the permit.
Date and place of hearing
The hearing was held on 21 January 2015 in the George Town Council Chambers, 16-18 Anne
Street, George Town.
An unaccompanied inspection of the site and the locality was carried out by the Delegates before
the hearing.
Authors of submissions, in relation to Hillwood, to the exhibition of the George Town Interim
Planning Scheme 2013 were also invited to attend the hearing.
Attendance at the hearing
Planning Authority:
Mrs Justine Brooks-Bedelph and Mr John Martin
Applicant:
Claire Gregg obo Stephen Hopson
Representors:
Mrs Helen Scott
Interested persons:
Mr Ashley Brook
Mr Peter Kriz
Mr Gary Fischer
Mrs Rebecca Green
Dr Andreas Ernst
Ms Jennifer Wallace
Mr Winston Archer
Page 3 of 18
Mr Richard Nichols
Mr Allan Crockett
Mrs Maureen Riddle
Mr Gerald O’Doherty
Mr Neville King
Mrs Judith King
Mr Heiner Siebert
Mr Bob McLean
Mr Tim Hague
Mrs Bridgett Archer
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
Commission’s assessment of the draft amendment
Site and locality
The land is currently zoned Rural Resources under the Scheme. The land is just over 3ha in size
and is class 4 land under the Land Capability classification. The site contains a dwelling and is
mostly cleared. There is evidence of limited grazing on the site. The site does not contain a dam or
other irrigation devices.
The site is located 22 km from George Town and 23 km from Launceston. The site is approximately
2.5 km from the central part of Hillwood. Hillwood contains a range of community services
including a recreation ground, football club, community hall and fire brigade and two businesses
to serve the needs of the locals (shop and tavern).
Land adjacent to the south west is subdivided to a rural residential density.
Planning Scheme Provisions
The Rural Resource zone is applied to the general area around this site (shown in red) as shown
below.
In this zone each lot in a subdivision must have a minimum area of 40ha and minimum road frontage
of 20m. Under this zone it would not be possible to further subdivide this site. The purpose of the
zone is:-
Page 4 of 18
26.1.1
Zone Purpose Statements
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
26.1.1.1 To provide for the sustainable use or development of resources for agriculture,
aquaculture, forestry, mining and other primary industries, including opportunities for
resource processing.
26.1.1.2 To provide for other use or development that does not constrain or conflict with resource
development uses.
26.1.1.3 To provide for economic development that is compatible with primary industry,
environmental and landscape values.
26.1.1.4 To provide for tourism-related use and development where the sustainable development of
rural resources will not be compromised.
Developing the land for residential use at the proposed density is not consistent with the Rural
Resource zone purpose.
In the Rural Living Zone (nearby) the minimum lot size is 2 ha with a minimum road frontage of 10m.
The purpose of the zone is:
13.1.1
Zone Purpose Statements
13.1.1.1 To provide for residential use or development on large lots in a rural setting where services
are limited.
13.1.1.2 To provide for compatible use and development that does not adversely impact on
residential amenity.
13.1.1.3 To provide for rural lifestyle opportunities in strategic locations to maximise efficiencies for
services and infrastructure.
13.1.1.4 To provide for a mix of residential and low impact rural uses.
Developing the land for residential use is consistent with the Rural Living zone purpose, if the zone is
appropriate for this site.
Section 30O and section 32 of the Act, set the statutory requirements for draft amendments to
interim planning schemes. These sections are listed below.
30O. Amendments under Divisions 2 and 2A of interim planning schemes
(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 within the meaning of
section 20(2A), practicable and consistent with the regional land use strategy, if any, for the regional
area in which is situated the land to which the scheme applies.
32. Requirements for preparation of amendments
(1) A draft amendment of a planning scheme, and an amendment of a planning scheme, in the
opinion of the relevant decision-maker within the meaning of section 20(2A) –
(a) …
(b) …
(c) …
(d) …
Page 5 of 18
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
(e) must, as far as practicable, avoid the potential for land use conflicts with use and development
permissible under the planning scheme applying to the adjacent area; and
(ea) must not conflict with the requirements of section 30O; and
(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.
Consideration of issues as required by the Act
Assessment of the draft amendment principally concerns:
•
whether the site can be considered as part of the existing Hillwood rural residential area; or
•
whether the site represents a reasonable expansion of the existing Hillwood rural residential
area; and
•
whether the proposed lot size density needs to be considered in terms of regional consistency
and appropriateness to the general area of Hillwood.
The Regional Land Use Strategy of Northern Tasmania Version 4.0 (23 September 2013) (the
strategy) provides the relevant regional policy framework within which to consider these matters.
Regional Land Use Strategy
The site is outside an urban growth area and is considered to be in the land use category of Regional
Rural, Natural Productive Resources and Rural Living Areas under the strategy. Established rural
residential areas are acceptable in this land use category.
The strategy also provides a general direction of ensuring 10,000 dwellings are provided for across
the region, and under 4.6 of the strategy in the table for Rural Living the minimum lot size is 1 ha.
The strategy describes an existing rural residential area as:Land that has no real potential for efficient or practical agricultural or rural resource use on a
commercial basis where the land use pattern is characterised by:
•
Predominantly residential land use i.e. lifestyle blocks, hobby farms or low density residential
subdivisions; and
•
Fragmentation of the cadastral base and property ownership; and may also include
•
Topographical constraints resulting in physical impediments to rural resource use or
connectivity, which may include bio-diversity protection and/or conservation.
Other relevant and more specific policies are:Rural and Environmental Living Development
Policy
Action
RSN-P21 Rural and environmental lifestyle RSN-A19 Rural living land use patterns will be
opportunities will be provided outside urban identified based on a predominance of
residential use on large lots in rural settings
areas.
with limited service capacity that are outside
RSN-P22 Rural and environmental lifestyle
urban areas.
opportunities will reflect established rural
RSN-A20 Planning schemes should prioritise
Page 6 of 18
residential areas.
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
the consolidation of established rural
residential areas over the creation of new rural
RSN-P23 Growth opportunities will be
residential areas.
provided in strategically preferred locations for
rural living and environmental living based on RSN-A21 Target growth to preferred areas
sustainability criteria and will limit further based on local strategy and consolidation of
existing land use patterns.
fragmentation of rural lands.
RSN-P24 Growth opportunities for rural living
and environmental living will maximise the
efficiency
of
existing
services
and
infrastructure.
RSN-A22 Planning scheme provisions must
specifically enable subdivision opportunity to
preferred areas by setting minimum lot sizes
based on locality.
RSN-P24 (sic) Recognise that the Furneaux
Group of islands are more reliant on local
strategies for rural and environmental living
areas and the protection of agricultural land
that respond to the complexities of remote
area economics and the need to retain or
increase population and visitation
RSN-A23 Ensure future locations of the Rural
Living zone will not require extension of the
Urban Growth Boundary Areas, compromise
productivity of agricultural lands and natural
productive resources.
RSN-A24 Ensure future locations of the
Environmental Living Zone do not compromise
environmental values.
RSN-A25 Consolidation and growth of rural
living and environmental living areas is to be
directed to areas identified in local strategy,
that align with the following criteria (where
relevant):
• proximity
to
existing
containing social services;
settlements
• access to road infrastructure with capacity;
• onsite waste water system suitability;
• consideration of the impact on natural
values or the potential land use limitations
as a result of natural values;
• minimising impacts on agricultural land
and land conversion;
• minimising impacts on water supply
required
for
agricultural
and
environmental purposes;
• consideration
management;
of
natural
hazard
• existing supply within the region;
• potential for future requirement for the
land for urban purposes; and
• the
ability
to
achieve
positive
environmental outcomes through the
rezoning.
Page 7 of 18
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
The commercial viability of the site is low. The characteristics of the site resemble a hobby farm or a
lifestyle lot. The site adjoins other lots that are lifestyle or hobby farms to the south west with a high
percentage of residential use on these lots.
The Delegates find that the site is part of an existing rural residential area in accordance with RSNP22 and RSN-A20 of the strategy. However, at present the site is separated from land currently zoned
Rural Living. This separation could effectively create a ‘spot zoning’, which is not good land use
planning. The Delegates consider that the land to the south west of this site is also part of an existing
rural residential area.
Land use Conflict
The site adjoins a small sheep stud farm to the east, sited in the Rural Resource zone and owned by a
representor, Mrs Helen Scott. Evidence from Mrs Scott detailed previous attacks from dogs that
have come from the rural residential area. Mrs Scott considers that adding additional dwellings so
close to the farm could increase the risk of dog attacks on the stud sheep.
In the development standard for ‘Building Design and Siting’, an acceptable solution for
development in the Rural Living zone is that:
“13.4.1 A4 Buildings must be set back a minimum of:
a)
5m to side and rear boundaries; and
b)
200m to the Rural Resource Zone where a sensitive use is proposed.”
A performance criterion is available to enable lesser setbacks to be considered whilst protecting
residential amenity and protecting agricultural uses on adjoining lots.
This standard will not be invoked at the subdivision permit stage but clearly will be relevant for
subsequent residential development on the subdivided lots.
The Council suggested adding a condition to the permit to require high standards of fencing to
ensure dogs do not enter the farm grounds. The suggested condition is:Fencing of Dog Yards
a)
Prior to the commencement of the use, the section of fencing which spans a shared
title boundary in an area where dogs are to be exercised must be enclosed with a
chain wire mesh fence which is at least 1.8m high.
b)
Fencing must be maintained to the satisfaction of Council.
The Delegates consider that this type of condition will, as far as practicable, ensure the potential for
land use conflict is avoided.
The draft condition has been circulated to the applicant and representor, Mrs Helen Scott. The
applicant agrees to the condition going on the permit, noting that dog attacks could occur from
outside the proposed subdivision.
Subdivision – lot size
The applicant did not specifically apply for the minimum lot size of 2ha in the Rural Living zone to be
waived or relaxed, nor did the Planning Authority refer in the public notice to that necessary
prerequisite of the subdivision permit as part of the dispensation. The proposed dispensation
requested subdivision approval of a specific layout in the Rural Resource zone.
As a consequence of modifying the dispensation into a draft amendment, the proposed lots would
not meet the minimum lot size for the Rural Living zone. Accordingly, the draft amendment needs to
make provisions that will enable consideration of lot sizes less than 2ha.
Page 8 of 18
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
The application proposes to subdivide the land in accordance with the proposal plan drawn by AJ
Phillips Surveying dated 3 July 2013. This part of the draft amendment is expressed in clause 13.4.2
A1.1 a) as follows:By inserting the following words after 2ha “, except on CT 26864/1, where lot size must
be in accordance with subdivision plan DA 2014/53”.
The Delegates consider that it was apparent to the general public and representors at the hearing
that a 3 lot subdivision with lot sizes less than 2ha was proposed. The representors did not object to
those lot sizes. The Planning Authority noted in its decision (Minutes of 15th October 2014) that the
2ha minimum should not be applied. The Delegates consider that the omissions in the application
and the public notice can be excused.
Under the subdivision plan the proposed lot sizes are; 9,764m2, 9,259m2 and 11,410m2 in area. Part
4.6 of the strategy provides guidance for dwellings and settlement densities. For rural living areas in
existing rural living patterns there is no minimum lot size. As this site is considered to be part of an
existing rural residential area, the proposed lot sizes are consistent with the strategy.
The Delegates note that the proposed planning scheme provision is part of an acceptable solution.
The corresponding performance criteria is stated in the Scheme as “No performance criteria”. This
means that development of the site for subdivision will be ‘locked in’ to the layout of the proposed
subdivision plan in DA 2014/53. If for some reason, the developer needed to make a small
adjustment to the lot sizes, then that would only be possible through another amendment to the
scheme. The Delegates consider that some flexibility should be built into the draft amendment
provisions, by modifying the corresponding performance criteria to provide for alternative but
substantially similar lot layouts. The Delegates consider that this flexibility should ensure there are
no additional lots above what is proposed and that any alternative lot layout should take account of
site constraints, avoidance of land use conflict and the existing character of the area.
Objectives of the Resource Management and Planning System
Under section 5 and section 20(1)(a) of the Act, the Delegates, when determining this draft
amendment, are required to further the objectives set out in Schedule 1 of the Act. In that context, it
is considered that the draft amendment, as modified by the Delegates generally fulfills that
obligation.
Strategic Planning
The Delegates note that the Hillwood locality exhibits a combination of Low Density Residential,
Rural Living and Rural Resource zones. The edges of these zones are based upon the previous George
Town planning scheme translated into the current scheme, but do not necessarily follow cadastral
boundaries. This leads to some awkward ‘dual zoned’ titles at the Rural Resource/Rural Living
interface.
That translation process did not include a review of the edge of the Rural Living zone to determine
the edge of the existing Hillwood rural residential community.
Consideration by the Commission of the George Town Interim Planning Scheme 2013 is ongoing and
the Commission is yet to finalise that process. Noting that the process is limited to consideration of
representations received in regard to the scheme, it is unlikely that process will be able to consider
the broader issue of the extent of the Hillwood area in its entirety
The Delegates consider that further strategic work is required to define the outer edge of the
Hillwood rural residential area, as it is likely that Hillwood will be subject to further applications for
changes to the Rural Living and Rural Resource zones.
Page 9 of 18
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
Conclusion
The Delegates consider that the draft amendment is suitable for approval with minor modifications
to enable the proposed dispensation to be expressed as an amendment to the scheme.
In accordance with s.41(ab) of the Act, the Delegates modify the draft amendment as set out in
Annexure A.
Commission’s assessment of the permit
A permit forms part of the application under section 43A of the Act.
The Delegates accept the intent of the Planning Authority’s recommended modifications to the
permit and in accordance with section 43H of the Act modify the permit. The modified permit is set
out in Annexure B.
Attachments
Annexure A – Modified draft amendment
Annexure B – Modified Permit DA 201/53 for subdivision
Annexure C – Certificate from Taswater
Page 10 of 18
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
Annexure A
George Town Interim Planning Scheme 2013
Amendment D3/2014
Amend the George Town Interim Planning Scheme 2013 as follows:
1.
Amend Clause 13.4.2 A1.1 a) by inserting the following words after 2ha “, except on CT
26864/1, where lot size must be in accordance with subdivision plan DA 2014/53”.
2.
Amend Clause 13.4.2 P1 by inserting the following words after criteria “, except on CT
26864/1, where each lot, or a lot proposed in a plan of subdivision, must have sufficient
useable area and dimensions suitable for its intended use having regard to:
a)
The relevant acceptable solutions or performance criteria for development of
buildings on the lots;
b)
The likely location of buildings on the lots;
c)
The likely provision of on-site parking and manoeuvrability for vehicles;
d)
The topography of the site;
e)
The presence of any natural hazards;
f)
Adequate provision of private open space;
g)
Fire hazard management;
h)
Separation from Rural resource zoned land;
i)
The standard of boundary fences;
j)
The ability of vegetation to provide buffering;
k)
The existing pattern of development in the area; and
l)
The total number of lots in the plan of subdivision is not more than 3 (including any
balance lot) and no lot has an area less than 8000m2.
Page 11 of 18
3.
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
Amend the planning scheme maps by inserting the Rural Living zone as follows:
Page 12 of 18
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
Annexure B
George Town Interim Planning Scheme 2013
PLANNING PERMIT
Permit No
DA 2014/53
Applicant
Planning Development Services
Address
49 Hillwood Jetty Road, Hillwood
Description
Permit DA 201/53 is for the subdivision of the site into three lots.
This permit is granted, subject to the following conditions:
CONDITIONS
1.
Period of Approval
In accordance with the Land Use Planning and Approvals Act 1993, the approval will lapse
after a period of two (2) years if the development is not substantially commenced within
that period.
2.
Basis of Approval
The development must be undertaken in accordance with the attached endorsed
drawings, except where specified otherwise in this permit and documents lodged with
this application (DA 2014/53). Any substantial variation from this application will require
the further planning consent of the Council.
3.
Noise
Sounds emitted from any device, source or activity on the land resulting from this permit
must be managed so it does not become an environmental nuisance.
4.
Dust Nuisance
Measures must be taken to minimise dust nuisance from materials stored and used on
site to adjoining properties and passing traffic on windy days.
5.
Spoil from Construction Activities
The developer must ensure that no clay or other spoil or construction materials is tracked
from the construction site into the Council’s road reservation, and any material deposited
within the road reservation must be cleaned up and removed as soon as possible, or at
the direction of Council’s General Manager.
6.
Reinstatement of Works
Any damage that may occur to any Council infrastructure during the construction of the
proposed subdivision must be reinstated to the satisfaction of Council’s General Manager
and at the cost of the developer prior to final sealing of the plan.
Page 13 of 18
7.
TasWater
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
The developer must make application to TasWater for connection of reticulated water
and comply with the amended requirements of the TasWater Submission to Planning
Authority Notice TWDA – 2014/00859-GTC which is attached to this permit.
7.
Bush Fire Management Plan
The development must be in accordance with the recommendations of Agricultural and
Bushfire Hazard Management Report submitted with the application, prepared by AK
Consultants on 18 August 2014.
8.
Vehicular Access
a)
Vehicular access to the new lots shall be constructed at approved locations in
accordance with Council’s standard design drawing SD1009, to the satisfaction of
Council’s General Manager.
b)
The developer must make application to Council for a road opening permit using
Councils designated form and obtain Council’s approval in writing prior to
commencement of any work within the road reservation.
9.
Fencing of Dog Yards
a)
Prior to the commencement of the use, the section of fencing which spans a shared
title boundary in an area where dogs are to be exercised must be replaced with a
chain wire mesh fence which is at least 1.8m high.
b)
Fencing must be maintained to the satisfaction of Council.
10.
Damage to Council Infrastructure
The developer must arrange for a joint site inspection with the Council’s engineering
department to inspect Council’s road and footpath assets at the site frontage before the
commencement of any site work. Any damage to Council infrastructure caused as a result
of the proposed works must be reinstated to original condition at the developers cost.
11.
Power Supply and Telecommunications
Power supply and telecommunications services must be provided to the development in
accordance with the requirements of the relevant service authorities.
12.
Payment in lieu of Public Open Space
Prior to the sealing of the Final Plan, the developer must pay to the Council a sum
equivalent to 5% of the unimproved value of the approved lots.
13.
Final Plan of endorsement
a)
The Final Plan of Survey must be endorsed in accordance with Section 83 (5) of the
Local Government (Building and Miscellaneous Provisions) Act 1993 that Council
cannot provide means of stormwater drainage from land subdivided from Parent
title CT26854/1.
b)
Potential purchasers must be made aware that the land is not connected to a
reticulated storm water management system and that land owners must manage
their own stormwater within the title boundaries.
14.
Sealing of the Final Plan
All conditions of this permit must be completed to the satisfaction of Council, prior to
signing and sealing of the Final Plan of Survey by Council for the subdivision on the subject
site.
Page 14 of 18
ADVISORY NOTES:
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
1.
This permit is granted pursuant to the Land Use Planning and Approvals Act 1993 and
does not imply that any other approval required under any other by-law or legislation has
been granted.
2.
This permit is valid for two (2) years only from the date of approval by the Tasmanian
Planning Commission and will thereafter lapse if the development is not substantially
commenced. A once only extension may be granted if a request is received at least 6
weeks prior to the expiration date.
3.
If any Aboriginal relics are uncovered during works;
a.
All works are to cease within a delineated area sufficient to protect the unearthed
and other possible relics from destruction,
b.
The presence of a relic is to be reported to Aboriginal Heritage Tasmania Phone:
(03) 6233 6613 or 1300 135 513 (ask for Aboriginal Heritage Tasmania Fax: (03)
6233 5555 Email: [email protected]); and
c.
The relevant approval processes will apply with state and federal government
agencies.
Page 15 of 18
Annexure C - Taswater Certificate
Phone: 13 6992
Fax: 1300 862 066
Web: www.taswater.com.au
TasWater
Submission to Planning Authority Notice
Council
Planning Permit DA 2014/53
No.
Council notice date
5/09/2014
TasWater details
TasWater TWDA 2014/00859-GTC
Reference No.
Date of response 10/09/2014
TasWater David Boyle
Contact
Phone No. 6345 6323
Response issued to
Council name GEORGE TOWN COUNCIL
Contact details [email protected]
Development details
Address 49 HILLWOOD JETTY RD, HILLWOOD
Property ID (PID)
6465319
Description of Dispensation & 3 Lot Subdivision
development
Schedule of drawings/documents
Prepared by
A.J Phillips Surveying
Drawing/document No.
5717 03
Revision No.
Date of Issue
3/07/2014
Conditions
Pursuant to the Water and Sewerage Industry Act 2008 (TAS) Section 56P(1) TasWater imposes the
following conditions on the permit for this application:
CONNECTIONS, METERING
1.
A suitably sized water supply with metered connections to each lot of the development must be designed and
constructed to TasWater’s satisfaction and be in accordance with any other conditions in this permit.
2.
Any supply and installation of water meters and/or installation of new property service connections must be
carried out by TasWater at the developer’s cost.
3.
Prior to commencing construction, a water meter must be installed to the satisfaction of TasWater.
Page 16 of 18
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
FINAL PLANS, EASEMENTS & ENDORSEMENTS
4.
Prior to the Sealing of the Final Plan of Survey, the developer must obtain a Consent to Register a Legal
Document from TasWater and the certificate must be submitted to the Council as evidence of compliance with
these conditions when application for sealing is made;
HEADWORKS CHARGES
ADVICE
If the final plan of survey is lodged with Council and practical completion for water and sewerage
infrastructure has been met for the relevant stage(s) in the period 1 April 2014 to 31 March 2016 the
headworks amount(s) will be waived in line with the prevailing State Government Policy.
Please visit www.development.tas.gov.au for further information.
CONDITION
5.
Prior to TasWater issuing a Consent to Register Legal Document, the applicant or landowner as the
case may be, must pay a headworks charge of $9,824.46 to TasWater for water infrastructure for 2.00
additional Equivalent Tenements, indexed as approved by the Economic Regulator from the date of
this Submission to Planning Authority Notice until the date it is paid to TasWater
FEES
6.
The applicant or landowner as the case may be, must pay a Consent to Register a Legal Document fee to
TasWater for this proposal of:
a. $257.00 for Consent to Register a Legal Document as approved by the Economic Regulator and the fees
will be indexed as approved by the Economic Regulator from the date of:
7.
i.
The Submission to Planning Authority Notice for the development assessment fee; and
ii.
The Consent to Register a Legal Document for the Legal Document until the date they are paid to
TasWater; and payment is required within 30 days from the date of the invoice.
In the event Council approves a staging plan, a Consent to Register a Legal Document fee for each stage,
must be paid commensurate with the number of Equivalent Tenements in each stage, as approved by Council.
Advice
The application has a development assessment fee of $284.80 for a medium development assessment which must
be paid to Taswater by the applicant or landowner.
For information on TasWater development standards, please visit
http://www.taswater.com.au/Development/Development-Standards
For information regarding headworks, further assessment fees and other miscellaneous fees, please visit
http://www.taswater.com.au/Development/Fees---Charges
For detailed information on how headworks have been calculated for this development please contact the TasWater
contact as listed above.
For application forms please visit http://www.taswater.com.au/Development/Forms
The developer is responsible for arranging to locate existing TasWater infrastructure and clearly showing it on any
drawings. Existing TasWater infrastructure may be located by TasWater (call 136 992) on site at the developer’s
cost, alternatively a surveyor and/or a private contractor may be engaged at the developers cost to locate the
infrastructure.
Declaration
The drawings/documents and conditions stated above constitute TasWater’s Submission to Planning
Page 17 of 18
George Town Interim Planning Scheme 2013
Draft amendment D3/2014
Permit DA 2014/53
Authority Notice.
If you need any clarification in relation to this document, please contact TasWater. Please quote the TasWater reference
number. Phone: 13 6992, Email: [email protected]
Authorised by
Jason Taylor
Development Assessment Manager
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