GLENORCHY PLANNING AUTHORITY AGENDA MONDAY, 25TH AUGUST 2014 GLENORCHY CITY COUNCIL * The General Manager certifies that the reports contained in this Agenda have been written by qualified persons under Section 65 of the Local Government Act 1993. * Aldermen with an interest or concern in relation to a particular item on this Agenda, are invited to attend the meeting. * All application information is available to Aldermen for inspection upon request to the relevant Planning Officer. Chairperson: Alderman C. Lucas Hour: 3.00 p.m. TABLE OF CONTENTS: 1. PLANNING AUTHORITY DECLARATION......................................................... 3 2. APOLOGIES/LEAVE OF ABSENCE .................................................................. 3 3. PECUNIARY INTERESTS ................................................................................ 3 4. CONFIRMATION OF MINUTES ...................................................................... 3 5 PROPOSED USE AND DEVELOPMENT - STAGED RETIREMENT VILLAGE (80 UNITS) WITH SETBACK BETWEEN BUILDING AND HEIGHT VARIATIONS ON FLOOD PRONE LAND - 33A CLYDESDALE AVENUE, GLENORCHY.................................................................................. 4 6 PROPOSED USE AND DEVELOPMENT - NEW BARBECUE SHELTER WITH TOILETS AND DEMOLITION OF EXISTING TOILET BLOCK WITHIN 30M OF A LISTED WATERCOURSE - 825 BROOKER HIGHWAY, MONTROSE .............................................................................. 24 7 PROPOSED USE AND DEVELOPMENT - CHANGE OF USE TO MISCELLANEOUS (COMMUNITY SERVICES) IN ASSOCIATION WITH GLENVIEW REST HOME WITH ALTERATIONS AND NEW CARPARK - 11 WINDSOR STREET, GLENORCHY .......................................... 33 8 PROPOSED USE AND DEVELOPMENT - CHANGE OF USE TO HOLIDAY ACCOMMODATION - 19 GLENMORE STREET, ROSETTA .............. 43 9 PLANNING SCHEME AMENDMENT REQUEST - REZONING OF LAND FROM COMMUNITY USE TO URBAN RESIDENTIAL AND PUBLIC UTILITY - 95 ABBOTSFIELD ROAD, CLAREMONT AND REZONING OF LAND FROM COMMUNITY USE TO PUBLIC UTILITY AT 95A ABBOTSFIELD ROAD, CLAREMONT................................................. 49 10 PLANNING SCHEME AMENDMENT REQUEST - AMEND THE DEVELOPMENT STANDARDS OF SCHEDULE 11 OF THE GLENORCHY PLANNING SCHEME 1992 TO PROVIDE FOR A SUITABLE ALDERNATE FORM OF RESIDENTIAL DEVELOPMENT 109 CADBURY ROAD, CLAREMONT AND 1 BOURNVILLE CRESCENT, CLAREMONT ............................................................................ 67 CLOSED TO MEMBERS OF THE PUBLIC .................................. 97 11. COMPLIANCE REPORT ............................................................................... 97 II Monday, 25th August 2014 1. Glenorchy Planning Authority Meeting Agenda PLANNING AUTHORITY DECLARATION The Chairperson stated that the Glenorchy Planning Authority intended to act as a Planning Authority under the Land Use Planning and Approvals Act 1993. 2. APOLOGIES/LEAVE OF ABSENCE 3. PECUNIARY INTERESTS 4. CONFIRMATION OF MINUTES That the minutes of the Glenorchy Planning Authority Meeting held on 11th August 2014 be confirmed. 3 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda 0B5. Proposed use and Development - Staged Retirement Village (80 Units) with Setback between Building and Height Variations on Flood Prone Land - 33A Clydesdale Avenue, Glenorchy 5. PROPOSED USE AND DEVELOPMENT - STAGED RETIREMENT VILLAGE (80 UNITS) WITH SETBACK BETWEEN BUILDING AND HEIGHT VARIATIONS ON FLOOD PRONE LAND - 33A CLYDESDALE AVENUE, GLENORCHY Author: Planning Officer (Vanessa Tomlin) Qualified Person: Planning Officer (Vanessa Tomlin) Property ID: 3033932 REPORT SUMMARY: Application No.: PLN-14-089 Applicant: Heffernan Button Voss Owner: One Care Ltd Zoning: Special Residential Zone R1 – Medium Density and Urban Residential Development Category: Retirement Village Development Status: Discretionary Discretions: setback between building and height variations 42 Days Expires: 11 September 2014 Existing Land Use: Retirement Village (vacant land) Proposal In Brief: Staged development Retirement Village (80 Units) with setback between building and height variations on flood prone land Representations: 1 Planning Issues: Nil Recommendation: Approval, subject to conditions 4 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda REPORT IN DETAIL: PROPOSAL: An application for 80 independent living units to form the Retirement Village at 33A Clydesdale Avenue Glenorchy was received. The construction of the proposed 80 independent living (dwelling) units is to occur over four stages, with the construction of proposed units 1–8 and 21–28 constructed in stage one. Stage one will also include a village green adjacent to Barossa Creek and associated landscaping as well as the access from Clydesdale Avenue and 20 overflow parking spaces. Proposed units 9-20 and 29-36, together with the central village green, rotunda, barbeque and associated landscaping are to be constructed in stage two. Stage three is to include proposed units 37-56 and proposed units 57-80 are to be constructed in the fourth stage. Of the proposed 80 dwelling units there are nine different design options. The proposed single-storey units are co-joined in pairs and each has two bedrooms, bathroom, laundry, an open-plan kitchen, living and dining area and a single garage, though in different layouts and external finishes. The proposed double-storey units involve one unit on the lower level and a separate unit on the upper level. All these proposed dwelling units have two bedrooms, a study, bathroom, laundry, an open plan kitchen, living and dining area and a single garage, though in different layouts and external finishes. All of the proposed units have parking for two vehicles, with one parking space in the proposed garage of each dwelling unit and the other parking space in tandem to the garage. Twenty overflow parking spaces are alsoprovided, along with additional spaces adjacent to proposed units 67-70, 63-64, 65-66, 43-44, 45-46, 9 and 13. The proposed dwelling units are serviced by an internal roadway, with the main access to Clydesdale Avenue and two secondary accesses over Barossa Creekto the adjoining Retirement Village facilities, over Barossa Creek. The proposed dwelling units are to be set amongst landscaped gardens, with communal open space provided in two separate village greens. The proposed village green, adjacent to Barossa Creek is to be 640m2 and is to contain a 8m by 5m barbeque structure. The village green in the centre of the proposal is has area of 823m2 and is to contain a rotunda and an octagonal barbeque structure, 8m in diameter. Each of the proposed dwelling units has an area of 25m2 of private outdoor space. Due to the slope of the land, the internal road adjacent to the central village green is to be retained by stepped retaining walls with fence and includes a pedestrian stairway. A roadway retaining wall with fence is to extend along the north-westen side of the internal roadway adjacent to proposed dwelling units 37-56. The internal roadway to the south-east of proposed units 57-76 is to be bound by a stepped retaining walls on both sides of the roadway. The area of the subject site adjacent to Gale Street and single dwellings fronting Kirkland Street, is to be a stepped bank with drainage, above the internal roadway retaining wall. 5 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The proposal is seeking a variation to Clause 2.7.4 Setback from Other Buildings Standard and Clause 2.7.5 Height Standard. In addition, the proposal is to be located on flood prone land and requires consideration in accordance with Clause 9.2. SITE & LOCALITY: The subject site is located on the north-eastern side of Clydesdale Avenue, Glenorchy and is approximately 360m south-east of Tolosa Street. The subject site can be accessed from Clydesdale Avenue, immediately opposite Flamenco Circle and from the adjoining property known as 59C Tolosa Street. The termination (dead-end) of Gale Street, Glenorchy, abuts the subject site. However, access will not be gained to the site from Gale Street (Fig. 1). Figure 1. The proposal site set amongst established residential development The proposal site forms part of a larger site, where a Retirement Village is under construction. The Aged Care Facility component of the Retirement Village, which contains the bed-step down unit and dementia-care hostel and eighteen independent living units within 7 buildings, has been constructed (Fig. 2). 6 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Figure 2. The proposal site forms part of a larger site, where several components of a Retirement Village is under constructed The proposal site is currently vacant and has an area of 32,400m2 with no significant vegetation identified on the site. The proposal site is bordered to the north, east and south by residential development and is bordered to the west by Barossa Creek. Barossa Creek is identified as having the potential for a 1 in 100 year flood event with a flood depth of 0.01 – 0.1 m over parts of the proposal site. Barossa Creek is piped upstream and downstream of the proposal site. The highest point of the proposal site is adjacent to Gale Street and the site slopes down to Barossa Creek, with and average slope gradient of approximately 1 in 13 (Fig. 3). 7 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Figure 3. The proposal site slopes down from the east and flattens toward Barossa Creek BACKGROUND: The site has approval as a Retirement Village under PLN-06-04393.01. The arrangement of the independent living units approved under PLN-06-04393.01 has been changed. The currently proposed changes could not be dealt with pursuant to Section 56 of the Land Use Planning Approvals Act 1993 and therefore required assessment in this application, PLN-14-089. PLASP-10/001 Request to Amend Sealed Plan No 124973, approved 13/05/10 PLN-06-03899 Multiple Dwelling Unit and boundary adjustment, approved 25/09/06 PLN-06-03899-02 S.56 to existing permit - Multiple Dwelling Unit and boundary adjustment, approved 03/11/06 PLN-06-04393 Retirement Village (100 independent living units, 14 apartments above activity centre, 96 bed aged care facility, 32 bed step down unit & dementia care hostel, activity centre & recreation facilities). Access via Clydesdale Avenue (2 places), Tolosa Street & Gale Street. Variations to setback and height standards, approved 18/12/06 8 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda PLN-06-04393.01 S.56 to existing permit - Retirement Village (100 independent living units, 14 apartments above activity centre, 96 bed aged care facility, 32 bed step down unit and dementia care hostel, activity centre and recreation facilities), access via Clydesdale Avenue (2 places), Tolosa Street and Gale Street, variations to setback and height standards, approved 11/01/10 PLN-06-04393.02 S.56 to existing permit - Retirement Village (100 independent living units, 14 apartments above activity centre, 96 bed aged care facility, 32 bed step down unit and dementia care hostel, activity centre and recreation facilities). Access via Clydesdale Avenue (2 places), Tolosa Street and Gale Street. Variations to setback and height standards, withdrawn 01/08/12 PLN-08-0280 Acoustic wall greater than 2 metres in height, withdrawn 19/01/09 PLN-09-0009 Acoustic Wall greater than 2.1 metres in height, approved 12/06/12 PLN-09-0042 One (1) lot subdivision plus balance, approved 18/05/09 PLN-10-204 One (1) lot subdivision plus balance, approved 25/08/10 PLN-10-204.01 S.56 to existing permit - One (1) lot subdivision plus balance, approved 24/08/12 PLC-10-0014 Breach of condition 6 on PLN-06-04393-01 - All outdoor storage areas, outdoor work areas and rubbish receptacles shall be screened for the public to the satisfaction of Council, completed PLN-13-165 Addition of BBQ shelter, shed, carport and 2 shade structures for existing Retirement Village, approved 17/10/13 PLN-14-037 Retirement Village – Physical Therapy Facility with height variation on flood prone land, approved 14 July 2014 PLN-14-118 Internally illuminated sign, greater tha 4m2 in a residential zone, not yet determined. PLN-14-139 Piping of Barossa Creek, not yet determined. APPRAISAL: Representations: The application was advertised for the 14-day statutory time period and one representation was received. The issues raised in that representation are summarised and considred below: Lighting The representor points out that the plans do not address or include a lighting plan and do not demonstrate how lighting pollution will be mitigated to preserve amenity of neighbouring properties. 9 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Also, concerns were raised about light over spill from car head lights travelling uphill on the proposed internal road, which may impact neighbouring properties. Planner’s comments Lighting details have not been provided. However, a condition of approval is recommended such that where outdoor lighting is to be provided to ensure public safety of accesses and parking areas and it must be located, designed and baffled to ensure that no direct light is emitted outside the boundaries of the site. Considering that the proposal is for independent living units for a Retirement Village, the night time traffic volume on the internal access road is expected to be low. However, a condition of approval is recommended that is to ensure appropriate landscaping is provided to mitigate any potential light nuisance to neighbouring properties. Site stability The representor has noted that no geotechnical detail is provided to validate or establish appropriate mitigation to address potential subsidence to neighbouring properties. Planner’s comments Council’s Development Engineer has noted that there are no geotechnical issues identified on the site and a geotechnical report was provided as part of the original application (PLN 06-04393.01) for a Retirement Village, Independent Living Units and Activities Centre. The report concluded that there was no evidence of landslip instability on or near the site and the site was suitable for development. Further soil investigation will be required as part of the issue of a building permit for the development Drainage The representor has noted that no drainage detail of the proposal has been provided and it is not clear how surface drainage in relation to the proposed retaining walls will be addressed. Planner’s comment Council’s Development Engineer has commented that a detailed engineering design of the internal road system and drainage connections to the units will be required to be designed and approved as a requirement of the issue of a building permit for the development. The engineering design will detail drainage in relation to the proposed retaining walls. Consistency with State Policies, Objectives of LUPA: There is no inconsistency with any State Policy or with the objectives of the Land Use Planning and Approvals Act 1993, as the proposal is considered to be orderly and environmentally responsible. 10 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda A condition is recommended requiring appropriate soil and water management to prevent erosion and the transport of sediments into surface waters – consistent with the State Policy on Water Quality Management. Zone Intent: The proposal is predominately located in the Special Residential Zone R1 – Medium Density (89.5 %) and the Urban Residential Zone (10.5 %) (Fig. 4). Figure 4. The proposal site (33A Clydesdale Avenue) is located within the Special Residential Zone R1 – Medium Density (89.5 %) and the Urban Residential Zone (10.5 %) The proposed Retirement Village is expected to protect residential amenity by reducing land use conflict between incompatible uses, the proposal is considered to be consistent with the intent of the Special Residential Zone R1 – Medium Density and Urban Residential Zone. Use: The proposal is in association to a Retirement Village. A Retirement Village is the use and development of land for residential purposes, where the land is managed as an integrated complex, with any non-residential activity carried out in connection to the residential buildings and persons residing on the land are generally retired persons. The proposal forms the basis of the Retirement Village. A Retirement Village is a discretionary use and development within the Special Residential Zone R1 – Medium Density and Urban Residential Zone. Furthermore, the proposal seeks a variation to Clause 2.7.4 Setback from Other Building Standard and Clause 2.7.5 Height Standard, as well as being located on flood prone land which must be considered in accordance with Clause 9.2. Accordingly, the proposal is discretionary. 11 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda It is to be noted that the Planning Authority has sought legal advice in relation to the status of the dementia care component of the Retirement Village. The legal opinion is that the dementia care facility can only operate in conjunction (and be ancillary with, and subservient to) with the Retirement Village, regardless of which planning permit, PLN-06-04393.01 or PLN-14-089, the Retirement Village is approved under. A condition of approval is recommended that clarifies the restricted use of the the dementia care facility. Setbacks: Clause 2.7.4 Setback from Other Building Standard requires the distance between separate buildings containing dwelling units to be a distance equivalent to that required under Clause 2.7.2 as if the buildings were separated by a boundary. Clause 2.7.2 requires a building greater than 2.1m in height to be setback not less than the half the average wall height measured perpendicular to the boundary or 1.5m whichever is greater. The proposal is seeking a variation to Clause 2.7.4, because the required setback between proposed dwelling units 39-40 and 41-42 is 5.36m, when a 4.48m setback is proposed (Fig. 5). Figure 5. The eastern portion of proposed dwelling units 39-40 and 41-42 where a seperation between builidngs of 5.36m is required. Clause 2.7.6 Variations, makes provision for the relaxation of Clause 2.7.4, with consideration given to existing setbacks on neighbouring lots, site characteristics, the design of an integrated residential development designed for the site, crime prevention measures, the intent of the zone and the aim and objectives of Clause 2.7.1. 12 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The relaxation of Clause 2.7.4 is considered to be reasonable as the habitable rooms on the south-eastern elevation of proposed dwelling units 39-40 and the northeastern elevation of proposed dwelling units 41-42, are not expected to be unreasonably over-shadowed and the proposed dwelling units are designed to maximise privacy and minimise visual intrusion. Building Height: Proposed dwelling units 57-58 and 59-60 have a maximum height from natural ground level of 9m (Fig. 6). Figure 6. Proposed dwelling units 57-58 and 59-60 are to be stepped into the slope of the land. The dashed line is natural ground level. Clause 2.7.5 Height Standard states that buildings shall not exceed 7.5 m in height. Clause 2.7.6 makes provision for the relaxation of Clause 2.7.5, where consideration is given to setbacks of adjoining lots, site characteristics such as slope, the design of an integrated residential development designed for the site, adjoining land uses, crime prevention and the aim and objectives of Clause 2.7.1. The aim and objectives are to protect residential character and amenity of the area, through maximising sunlight to habitable rooms, minimising the loss of privacy and to preserve existing streetscape. Given that proposed dwelling units 57-58 and 59-60 are designed for the slope of the land and are not expected to unreasonably overshadow habitable areas of neighbouring dwelling units, the relaxation of Clause 2.7.5 is considered to be reasonable. Density: Clause 2.8.2 Dwelling Density specifically relates to the number of dwelling units proposed on the land. The proposal has a dwelling unit factor of 405m2 and is in accordance with Clause 2.8.2, where a minimum dwelling unit factor of 325m2 is required. 13 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Outdoor Space: Clause 2.8.3 Outdoor Space Standard advocates a minimum of 2 m2 of communal outdoor space per dwelling unit. Proposed dwelling units 1-26 and 77-80 are to have 25m2 of private outdoor space per unit, as is the lower ground floor of proposed units 37-76. The proposal includes two village greens with a collective communal open space area of 1463m2. The proposedopen space exceeds the required 2,000m2 pursuant to Clause 2.8.3. Accordingly, the proposed is in accordance with Clause 2.8.3. A detailed landscaping plan was not provided, although it was requested by Council. A condition of approval is recommended requiring a landscaping plan to be provided. Traffic, Access & Parking: Council’s Traffic Engineer and Development Engineer have provided detailed comment about the traffic generation and parking demand of the proposal in the ‘Referrals’ section of this report. In summary, 193 parking spaces are proposed and this exceeds the number of spaces approved under PLN-06-04393.01, the original approval. All of the proposed units have parking for two vehicles, with one parking space in the proposed garage of each dwelling unit and the other parking space in tandem to the garage. The proposed dwelling units are serviced by an internal roadway, with the main access to Clydesdale Avenue and two secondary accesses to the adjoining Retirement Village facilities, over Barossa Creek (Fig. 7). Figure 7. Each dwelling unit has provison for two parking spaces and access is gained from Clydesdale Avenue and from within the Reitrement Village complex 14 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Heritage: The site is not listed under Schedule 5 (Heritage Places) of the Glenorchy Planning Scheme 1992. Other Provisions: (Land Stability, Flooding, Fire, Listed Watercourses) Flooding The proposal site is identified as being situated within a 1 in 100 year flood event of Barossa Creek. Council’s Development Engineer has provided comment with regard to the analysis of flooding scenarios. However, the proposal is to be set above the existing 1 in 100 year flood event inundation levels and a condition of approval is recommended to ensure the lowest floor level is above the that level. As such, the proposal is considered to not cause any undue risk to the occupants or users of the proposed development. In addition, the proposal is not expected to restrict the free flow of the watercourse. Crime Prevention The proposal is considered to have made reasonable provision of crime prevention measures by providing the opportunity for passive surveillance with windows on all elevations of the building. In addition, a condition of approval is recommended to ensure the proposal is suitably lit, so as to improve night-time safety without causing an environmental nuisance. REFERRALS: Development Engineer: Council’s Development Engineer has made the following comments and recommended conditions and/or advice. Traffic, Access & Parking The site is part of a previously approved application (PLN 06-04393.01) for a Retirement Village, Independent Living Units and Activities Centre. The site has since been subdivided under permit PLN09-0042 into two lots roughly adjacent to the line of Barossa Creek that runs through the site. Access to the site is available from Clydesdale Avenue. Please refer to Council’s Traffic Engineers Report for a detailed discussion of traffic, access and parking issues. This application is to replace the layout of the previously approved Independent Living Units with a new layout. The number of units reduces from 84 to 80. Each unit has two bedrooms with an internal garage and provision for a visitor parking in front of the garage. There are also 7 on street parallel parking bay areas that contain a total of 16 parking spaces. The submitted drawings also indicate a separate overflow parking area containing 20 parking bays. However this will be reduced to 17 parking spaces including provision of 3 accessible parking spaces in accordance with the planning scheme. This is included as a condition of approval below. 15 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The total number of parking spaces provided as indicated on the submitted drawings is 193 spaces for this application. This is well in excess of the original approved number of spaces under the original permit for this section of the site. The separate overflow parking area is located adjacent to Barossa Creek and the recently approved Hydrotherapy Centre (PLN-14-037) and will be available for both sites. The proposal includes staging of construction of the site as follows: Stage 1; Units 1-8, 21-28 (16 units total), access road and overflow parking area, Stage 2; Units 9-20 & 29-36 (20 units total), Stage 3; Units 37-56 (20 units total), Stage 4; Units 57-80 (24 units total), The minimum number of spaces approved with the original permit and total site (both sides of Barossa Creek) was 232. This included the Aged Care Centre and several numbers of constructed Independent Living Units already constructed on the site. A total of 62 spaces have already been constructed on site as part of these existing works and 36 spaces have recently been approved as part of PLN 14-037 Hydrotherapy Centre. With this current application the total parking spaces is 292 for the original total site as compared to the minimum required of 232. The original approved application (PLN 06-04393.01) included the following condition: “Prior to seek building approval for Stage 2 of the Development, pay Council a contribution of $40,000 (forty thousand dollars) for the future upgrading of the Clydesdale Avenue/Tolosa Street junction.” This condition refers to the future construction of a dedicated left turn lane at the above intersection due to concerns with the capacity of the intersection causing delays at the time the original permit was approved. The original permit appears to refer to Stage 2 being the construction of the Independent Living Units (ILUs) although some minor amendments were made to allow construction of a number of ILUs on the Tolosa Street side of Barossa Creek. These ILUs have been completed without the requirement of the payment of the financial contribution as per the above condition. The majority of the ILUs approved with the original permit were located on the site of this current application, being on the east side of Barossa Creek. It is considered reasonable that due to the proposed staging of this application that the first stage (16 units) can be constructed prior to payment of this financial contribution. The payment of this financial contribution is conditioned below to be made to Council prior to building approval of Stage 2 of this current application. GCC Services (Stormwater) Please refer to Flooding/Inundation issues below. A representation has been has been received in regards to drainage from the development affecting an adjacent property. 16 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The detailed engineering design of the internal road system and drainage connections to the units will be required to be designed and approved as a requirement of the issue of a building permit for the development. The development of the site will not affect the stability of adjacent properties. Other Lighting Issues A representation has been has been received in regards to ‘light pollution’ from the development affecting an adjacent property. The permit is conditioned that all outdoor lighting must be provided in accordance with the Australian/New Zealand standard AS/NZS 1158. Geoscience issues There are no geotechnical issues identified through Council records that affect this development. A representation has been received in regards to geotechnical issues from the development affecting an adjacent property. A geotechnical report was provided as part of the original application (PLN 06-04393.01) for a Retirement Village, Independent Living Units and Activities Centre. This report concluded there was no evidence of landslip instability on or near the site and the site was suitable for development. Soil investigation and classification for building foundation designs will be required as part of the issue of a building permit for the development. The development of the site will not affect the stability of adjacent properties. Flooding/Inundation issues The proposed development is located adjacent to Barossa Creek. The previously approved application for the site included improvement works to Barossa Creek including minor on-stream detention works. The applicant has provided additional flood analysis by Entura (Hydro Tasmania) from the previously approved application (PLN 06-04393.01), that the storage capacity of the proposed on-stream works is insignificant in comparison to the volume of the 1 in 100 year flood and is thus ineffective for flood protection measures. This analysis models extension of the twin 1500mm pipes from Clydesdale Avenue through the site and concludes this is preferred to on-stream detention works. The applicant has also lodged an application (PLN 14-139) for the piping of Barossa Creek through the site. Regardless of either option the floor level of the current application is to be set above the existing 1 in 100 year flood event as with the existing Aged Care Facility. This is included as a condition of approval below. Traffic Engineer: Council’s Traffic Engineer has made the following comments and recommended conditions I have reviewed the proposed Retirement Village (80 units) at 33a Clydesdale Avenue, Glenorchy. The proposed development is part of a previously approved application (PLN 06.04393.01) for a Retirement Village, Independent Living Units and Activities Centre. The original permit allowed for 84 Independent Living Units on this site. 17 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The current application has reduced the number to 80 units, made up of 40 single level units and 40 units configured over two levels (20 on lower ground and 20 on upper ground). It should be noted that each unit is reduced in floor area compared to the original permit. In terms of traffic generation, as the proposed development intends to reduce the number of units from 84 to 80, there will not be any significant adverse impact on the surrounding road network, compared to the previous application, as the traffic generated by the proposed development is lower than the traffic generation of the previously approved application. A careful consideration of the site plan also shows that adequate sight distances are available at the access points of the proposed development. In terms of parking provisions of the scheme, states parking spaces should be determined by Council. Based on the submitted plan, each unit has an internal garage and the provision for a visitor parking in front of the garage. There are also 7 on street parallel parking bays areas that contain a total of 16 parking spaces. The plan also shows a separate overflow parking area containing 20 parking bays. As a result, the total number of parking spaces provided would be 196 spaces (i.e. 2 × 80 units + 20 overflow car park +16 on-street parking bays) for this application. I agree that this car parking provision on the site is adequate to service the parking demand from the proposed development. However, based on Clause 10.9.1 of the Glenorchy Planning Scheme 1992, the proposed development requires 3 parking spaces for persons with a disability which should be conditioned in the planning permit. It should be noted that the previously approved planning permit contains the following condition: “Prior to seek building approval for Stage 2 of the Development, pay Council a contribution of $40,000 (forty thousand dollars) for the future upgrading of the Clydesdale Avenue/Tolosa Street junction.” The above condition was based on the Development Engineer’s Referral for the original application (dated 12th December 2006). The report considered the following reason for recommending the condition: “The effect of the increased traffic upon the Council roads is not considered to have a detrimental impact except there are concerns that the intersection of Clydesdale Avenue and Tolosa Street is already close to traffic saturation. It is recommended that Council consider upgrading of this intersection by the addition of a dedicated left turn lane and it would be reasonable for the developer to pay a contribution to the costs involved. It is noted that property acquisition is required to achieve this and considerable costs will also be involved in the relocation of the Telstra pit and connection column. Costs for the project are likely to exceed $150,000.” It is recommended that the condition be considered in the planning permit associated with the proposed development. Based on the above points, the proposed development is not expected to have any detrimental impacts on the surrounding road network in terms of traffic efficiency or road safety. 18 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda However, consistent with the previous planning permit, it is recommended that a contribution be required for future upgrading of the Clydesdale Avenue/Tolosa Street junction. As a result, I have no objection to the development of the proposed Retirement Village (80 units) at 33a Clydesdale Avenue, Glenorchy on traffic engineering or road safety grounds, subject to the following condition being met: • Three (3) accessible car parking spaces must be provided in accordance with Australian Standard AS2890.6 – 2009 Off-street Parking for persons with a disability; • A contribution of $40,000 (forty thousand dollars) for the future upgrading of the Clydesdale Avenue/Tolosa Street junction must be paid by applicant. Waste Services Co-ordinator: Council’s Waste Services Co-ordinator has made the following comments. Waste Services to the development at 33a Clydesdale Ave Glenorchy would be the responsibility of the developer. This is a large commercial site which is not covered by Council’s Household Waste Services Contract. External Referrals: TasWater TasWater is in support of the proposal and has included conditions and/or advice. Metro Tasmania No comment was provided from Metro Tasmania DISCUSSION: The proposed development at 33A Clydesdale Avenue, Glenorchy, is considered to accord with the objectives of the Land Use Planning and Approvals Act 1993, with the State Policies and the intent of the Urban Residential Zone. The proposal sought a variation to the setback from other buildings standard and height standard and is located on flood prone land. The relaxation of the setback from other buildings standard and the height standard is considered to be reasonable as the proposal is designed to maximise privacy and minimise visual intrusion and is not expected to unreasonably overshadow habitable areas of neighbouring dwelling unit. Consideration has been given to the impact of the proposal on flood prone land. It is considered that the proposal will not cause any undue risk to the occupants or users of the proposal, as the proposal is to be set above the existing 1 in 100 year flood event inundation levels. The application was advertised for the 14-day statutory time period and one representation was received. Concerns raised included lighting over spill, site stability and drainage. Lighting over spill and drainage issues are addressed by conditions of approval and no geotechnical issues have been identified on the site. However, detailed engineering design, required as a condition of approval, will address the construction of retaining walls and associated works. 19 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda CONCLUSION: The proposal is assessed to substantially comply with the requirements of Schedule 1 of the Land Use Planning and Approvals Act 1993 and the Glenorchy Planning Scheme 1992, subject to the recommended conditions. 14BRecommendation Recommendation: That a permit be granted for the proposed use and development of Retirement Village (80 Units) with setback between building and height variations at 33a Clydesdale Avenue Glenorchy subject to the following conditions: Planning: 1. Use and development shall be substantially in accordance with planning permit application No. PLN-14-037 and Drawing No. P1 (pages 1-3 & 6-13) submitted on 17 April 2014 and Drawing No. P2 (page 3) submitted on 7 May 2014 and Drawing No. P3 (pages 1-3) submitted on 19 May 2014 and Drawing No. P4 submitted on 7 July 2014, except as otherwise required by this permit. 2. Any conditions and/or advice as determined by TasWater, and set out in the attached Appendix A, form part of this permit. 3. This permit allows for the Use of the land as a Retirement Village, where the land is managed as an integrated complex, with any non-residential activity, such as the Wellness and Community Facility (physical therapy/hydrotherapy facility), Age Care Facility and Dementia Care Unit, are carried out predominately in connection with the residential (independent living units) buildings and persons residing on the land are generally retired persons. 4. A detailed Landscaping Plan must be submitted for approval in association with or prior to the lodgement of the building permit application. The landscaping plan is to be prepared at a suitable scale and indicate the following: a) Outline of the proposed buildings; b) c) Earth shaping proposals, including retaining wall (s); d) e) The location and type of proposed plantings (including expected mature height and plant size). Particular detail is to be given to boundary plantings to mitigate potential effects of light over spill from car head lights to neighbouring properties; Fencing, paths and paving (including materials and surface finish); and Proposed maintenance program. Engineering: 5. Soil and water management is to comply with best practice to prevent any transfer of soil material outside of the area specifically and necessarily disturbed for construction. 20 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Particular attention is to be paid to ensure no soil material is tracked onto roads and footpaths or to enter the Council’s stormwater system. All aspects and protection measures in connection with soil and water management are to comply with the requirements of Council’s Development Engineer and be installed prior to the removal of and/or disturbance of any soil or vegetation. 6. The loading and unloading of goods, including building materials and equipment, from vehicles must only be carried out on the land. 7. The development must be constructed in accordance with the following stages as indicated on the submitted plans: Stage 1: Units 1-8, 21-28 (16 units total), access road and overflow parking area; Stage 2: Units 9-20 & 29-36 (20 units total); Stage 3: Units 37-56 (20 units total); Stage 4: Units 57-80 (24 units total). 8. Prior to the lodgement of a building application for Stage 2 of the development, a financial contribution of $40,000 (forty thousand dollars) must be paid to Council for the future upgrading of the Clydesdale Avenue / Tolosa Street intersection. This amount is subject to annual adjustment in accordance with the Council Cost Index (CCI) Tasmania from the date of issue of the permit. 9. Each unit within any completed stage must have one permanent and one visitor parking space as indicated on the submitted plans. At the completion of the final stage a total of 193 clearly marked car parking spaces must be provided as shown on the Site Plan submitted with the development application and kept available for these purposes at all times. Car parking spaces, manoeuvring areas and aisles must be provided in accordance with the Australian Standard AS 2890.1 – 2004 Off-Street Parking. The overflow parking area including 17 parking spaces must be constructed within Stage 1 of the development. 10. In addition to the above, a minimum of three (3) of the 17 car parking spaces within the overflow parking area must be provided for the exclusive use of persons with a disability and kept available for these purposes at all times. These car spaces must be provided in accordance with Australian Standard AS 2890.6 – 2009 Off-Street Parking for persons with a disability. 11. Driveways, car parking and turning areas must be constructed and sealed with an approved impervious surface treatment. All runoff from paved and driveway areas must be retained within site boundaries, collected into a grated drain and silt pit and discharged into Council’s stormwater system. Construction details must generally be in accordance with Council’s standard requirements. 21 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda 12. In areas set aside for car parking and turning bays, securely fixed wheel stops or kerbing must be provided to the satisfaction of Council to prevent damage to fences or landscaped areas. 13. Outdoor lighting must be provided to ensure public safety of accesses and parking areas and must be located, designed and baffled to ensure that no direct light is emitted outside the boundaries of the site in accordance with the current standard AS/NZS 1158. 14. The habitable floor level of the proposed buildings must be set at a minimum of 300mm above the 1% AEP flood level (1 in 100 years) for the site. Prior to the use of the building, certification must be provided by a qualified and experienced Hydraulic Engineer to the satisfaction of Council’s Development Engineer that the floor level is constructed to this requirement. 15. The developer shall be responsible for locating existing service connections on site. Where existing service connections cannot be found or existing service connections require upgrading for the development, new connections must be provided by Council or other relevant service Authority at the developer’s cost. 16. All internal hydraulic service works required for the development shall be at the Developer’s expense and must comply with the requirements of Council’s Plumbing Surveyor. Any relocation of internal stormwater and sewerage lines required as a result of the development are required to be approved and constructed in accordance with an issued Plumbing Permit to the requirements of Council’s Plumbing Surveyor. 17. Detailed engineering drawings including the car park design and manoeuvring areas, any building foundation details near Council’s main(s), stormwater main extension, internal service lines and connections to service mains, surface drainage collection including grated drains and silt collection pits, pavement composition and levels and finished floor levels must be submitted with the Building Application for approval by Council’s Development Engineer. Advice to Applicant: This advice does not form part of the permit but is provided for the information of the applicant. All development applications that result in an increase in the impervious area of the site, and therefore the peak stormwater discharge rate must incorporate an On-Site Detention System (OSD) in accordance with Council Policy No 28-4. The proposed OSD must provide a runoff storage volume equivalent to the difference between the allowable site discharge and the anticipated maximum discharge over the period of the design storm. An OSD proposal must be submitted with the Plumbing Permit Application and detailed in a hydraulic design for assessment and approval by Council’s Plumbing Permit Authority. 22 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Water Sensitive Urban Design (WSUD) elements are encouraged. If the developer has any enquiries relating to acceptable methods of providing On-site detention, they should contact Council’s Plumbing Surveyor on (03) 6216 6800. 1BAttachments/Annexures Attachments/Annexures 2BAttachments/Annexures Attachments/Annexures 1 Attachment - 33A Clydesdale Avenue, Glenorchy 3B6. Proposed use and Development - New Barbecue Shelter with Toilets and Demolition of Existing Toilet Block within 30M of a Listed Watercourse - 825 Brooker Highway, Montrose 23 21 Pages Monday, 25th August 2014 6. Glenorchy Planning Authority Meeting Agenda PROPOSED USE AND DEVELOPMENT - NEW BARBECUE SHELTER WITH TOILETS AND DEMOLITION OF EXISTING TOILET BLOCK WITHIN 30M OF A LISTED WATERCOURSE - 825 BROOKER HIGHWAY, MONTROSE Author: Planning Officer (Vanessa Tomlin) Qualified Person: Planning Officer (Vanessa Tomlin) Property ID: 2060752 REPORT SUMMARY: Application No.: PLN-14-169 Applicant: Glenorchy City Council Owner: Glenorchy City Council Zoning: Special Community Use CU2 Development Category: Miscellaneous Development Status: Discretionary Discretions: Use, within 30m of a listed watercourse 42 Days Expires: 28 Aug 2014 Existing Land Use: Public Park Proposal In Brief: New barbecue shelter with toilets and demolition of existing toilet block within 30m of a listed watercourse. Representations: 0 Planning Issues: Nil Recommendation: Approval, subject to conditions 24 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda REPORT IN DETAIL: PROPOSAL: An application for the demolition of an existing toilet block and construction of a new foreshore shelter, including toilet and barbeque facilities, was received. The proposal involves construction of a 34.5m by 4.95m pavilion, designed to complement the existing GASP boardwalk pavilions. The proposal is to be located in the existing parking area for Montrose Bay Foreshore Community Park. The existing parking area will be restricted by the proposal and temporary parking along the access strip is to be made available to the public during construction. The proposal is open sided to the north and south and is orientated to capture views of the foreshore and existing playground. Landscaping is proposed. The proposal is located within 30m of a listed watercourse, the Derwent River and is prone to low-risk coastal inundation. The site is subject to the provisions of Schedule 10 – Special Community Use Zone CU3 – Wilkinsons Point and Elwick Bay Precinct Masterplan. SITE & LOCALITY: The subject site is Montrose Bay Foreshore Community Park and is situated on the northern side of the Brooker Highway, adjacent to Montrose Bay High School. The subject site is located within 30m of the Derwent River (Fig. 1). Figure 1. The subject site is a public park on the foreshore of Montrose Bay A sea wall extends along the foreshore of the site and is used for coastal erosion control. As a result the site is elevated from high water mark by at least 1m (Fig. 2). 25 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Figure 2. The site is bound by a sea wall. The subject site is prone to low-risk coastal inundation owing to storm urge and sea level rise. There is no significant vegetation identified on the subject site (Fig. 3). Figure 3. The subject site is prone to a low risk of coastal inundation BACKGROUND: PLN-02-01283 Paddle Boats on the Derwent River at Montrose Reserve. Part of Lot 5 on SP135852, approved 22/07/02 PLN-02-01283-02 Hire of Paddle Boats - Section 56 Amendment to original permit dated 22/7/02, approved ,13/03/03 PLN-03-01803 Promotional Sign - Rotary International, approved 16/05/03 26 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda PLN-04-02784 Gazebo, approved 20/09/04 PLN-09-0379 Temporary installation of boardwalk markers (Miscellaneous Use) within 30m of a listed watercourse, approved 25/01/10 PLN-10-212 Construction of a boardwalk (Public Utility) within 30m of a listed watercourse, approved 20/09/10 PLN-11-002 Boardwalk Pavilions located within 30m of a listed watercourse (miscellaneous use), approved 07/02/11 PLN-11-212 22/08/11 Shared path within 30m of a listed watercourse, approved PLN-14-174 New access road and car parking for Public Park (Montrose Bay Foreshore Community Park), not yet determined. APPRAISAL: Representations: The application was advertised for the 14-day statutory time period with no representations received. Consistency with State Policies, Objectives of LUPA: There is no inconsistency with any State Policy or with the objectives of the Land Use Planning and Approvals Act 1993, as the proposal is considered to be orderly and environmentally responsible. A condition is recommended requiring appropriate soil and water management to prevent erosion and the transport of sediments into surface waters – consistent with the State Policy on Water Quality Management. Zone Intent: The subject site is situated in the Special Community Use C2. The intent of the Wilkinsons Point and Elwick Bay Precinct Masterplan for Montrose Foreshore Community Park Area is to strengthen this area as the major hub for recreational facilities and activities within the Wilkinsons Point and Elwick Bay Precinct. The proposal is considered to support passive recreational activities in a highly visible section of the Wilkinsons Point and Elwick Bay Precinct and is consistent with the intent of the Wilkinsons Point and Elwick Bay Precinct Masterplan. Use: The proposal has the use and development status of Miscellaneous, as the pavilion is not otherwise defined in the Scheme. A Miscellaneous use and development is discretionary within the Special Community Use C2 and owing to the proposal being within 30m of the Derwent River, a listed watercourse pursuant to Clause 9.6, the proposal is discretionary. 27 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda S10.9.4 (a) sets the limit on Private Commercial Uses, where uses of Miscellaneous, Outdoor Recreation Complex, Place of Assembly, Restaurant, Sales and Hire Premises and Marine Development are not, in aggregate, to occupy an area greater than 5000 m2. However, the proposal is not a private commercial use. Limit on Buildings: The acceptable solution of S10.9.5 (a) states that buildings or extensions to buildings are not allowed within the Area, except for barbeque or picnic shelters and public amenities. The proposal is considered to be consistent with the acceptable solution and objective of S10.9.5 (a). Building Height: The acceptable solution of S10.9.5 (b) restricts the height of buildings to 5m above natural ground level. The proposal is to be 2.9m in height and consistent with the objective of S10.9.5 (b). Setback from High Water Mark: The acceptable solution of S10.9.5 (c) prescribes a minimum 10m setback from high water mark for all buildings except marine structures. The proposed pavilion is to be setback more than 10m from high water mark and consistent with the objective of S10.9.5 (c). Roof mounted building plant: The proposal does not include roof-mounted building plant and is consistent with the objective of S10.9.5 (d). Crime Prevention through Environmental Design: The proposal facilitates natural surveillance of the pedestrian routes and car park, due the pavilion’s open-sided design and it’s orientation toward the foreshore and parking areas. The building is considered to be free of concealment and entrapment spots and access and egress points are clearly visible from the public domain. The proposal is considered to be consistent with the performance criteria and objective of S10.9.5 (e). Sea level rise and storm surge: The proposal is to be located in an area with a low-risk to coastal inundation. The siting of the proposal is considered to not increase the level of coastal inundation risk for the site. Water pollution caused from possible inundation of the proposal is minimised by the robust materials of which the proposal is to be constructed. Furthermore, the proposal is a non-habitable space protected by a sea wall and risk to users of the site is considered to be low. The proposal is considered to be consistent with the performance criteria and objective of S10.9.5 (f). However, an advice clause is recommended, to inform the applicant about potential sea level rise and coastal inundation risk. 28 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Traffic, Access & Parking: The proposal is not expected to significantly increase the local traffic volume and access to the site is gained by the existing access road. A portion of the existing parking area is to be taken up by the proposal. Council’s Development Engineer has requested a traffic management plan as a condition of approval to ensure access to the site is safe and orderly for pedestrians, cyclists and motorists. The applicant has indicated that temporary parking arrangements will be made along the existing access road during the construction of the proposal. Accordingly, Council’s Development Engineer has recommended a condition of approval. Heritage: The site is not listed under Schedule 5 (Heritage Places) of the Glenorchy Planning Scheme 1992. Other Provisions: The subject site is located within 3 m of listed watercourse, the Derwent River and is subject to Clause 9.6. The proposal is not expected to adversely impact the existing landscape, recreational and environmental qualities of the watercourse. Owing to the fact that the proposal is designed to complement the landscape and recreational qualities of the area and no works are proposed on the foreshore. Accordingly, the proposal is in accordance with Clause 9. REFERRALS: Development Engineer: Council’s Development Engineer has made the following comments and recommended conditions. Traffic, Access & Parking Access to the site is available from Foreshore Road. The new barbecue shelter is to be located on the existing parking area adjacent to the Montrose Bay foreshore. The applicant also has a separate application for the construction of 76 new car parking spaces along the existing Foreshore Road prior to the existing parking area. The applicant has advised that during construction of the barbecue shelter, additional temporary parking will be provided on site for the existing spaces removed. These spaces will be temporary and constructed or marked along the existing Foreshore Road. This is included as a condition of approval below. GCC Services (Stormwater) The site of the new barbecue shelter is traversed by an existing 600mm Council stormwater main that outfalls to Montrose Bay. The applicant is required to submit a condition inspection of the stormwater main in conjunction with Council’s Hydraulic Engineer and arrange for any protection works including pipe replacement if necessary to the requirements of Council’s Hydraulics Engineer. 29 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Other Geoscience issues There are no geotechnical issues identified through Council records that affect this development. Flooding/Inundation issues There are no flooding issues identified through Council records that affect this development. Environment Co-ordinator: Council’s Environment Co-ordinator has made the following comments and recommended conditions. Having reviewed the documentation and conducted a site inspection I have no concerns at all about this proposal. The site is highly modified and natural values in the vicinity (either coastal or riparian) are very limited. I have no request for further information or conditions to suggest, to improve this development with respect to the natural environment. External Referrals: TasWater TasWater is in support of the proposal and has included conditions and/or advice. Aboriginal Heritage Tasmania Aboriginal Heritage Tasmania (AHT) has completed a search of the Tasmanian Aboriginal Site Index (TASI) regarding the proposed barbeque and toilet block construction at 825 Brooker Highway, Montrose and has advised that there are no Aboriginal heritage sites recorded within the property. Due to a review of previous reports and the area being highly disturbed it is believed that the area has a low probability of Aboriginal heritage being present. This area was recorded as being refill by Ian Officer in the 1980s when he undertook a survey of the Derwent River for Aboriginal heritage. Accordingly there is no requirement for an Aboriginal heritage investigation and AHT has no objection to the project proceeding, subject to appropriate advice being included in any permit regarding the legislative requirements in the event of any aboriginal relics being discovered during works.. DISCUSSION: The proposed development at 825 Brooker Highway, Montrose is a miscellaneous use within 30m of a listed watercourse. The proposal is considered to accord with the objectives of the Land Use Planning and Approvals Act 1993, with the State Policies and the provisions of Schedule 10 – Special Community Use Zone CU3 – Wilkinsons Point and Elwick Bay Precinct Master plan. 30 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The proposal is not expected to adversely impact the existing landscape, recreational and environmental qualities of the Watercourse. The application was advertised for the 14-day statutory time period with no representations being made. CONCLUSION: The proposal is assessed to substantially comply with the requirements of Schedule 1 of the Land Use Planning and Approvals Act 1993 and the Glenorchy Planning Scheme 1992, subject to the recommended conditions. 15BRecommendation Recommendation: That a permit be granted for the proposed use and development of New barbecue shelter with toilets and demolition of existing toilet block within 30m of a listed watercourse. at 825 Brooker Highway Montrose subject to the following conditions: Planning: 1. Use and development shall be substantially in accordance with planning permit application No. PLN-14-169 and Drawing No. P1 submitted on 10 July 2014, except as otherwise required by this permit. 2. Any conditions and/or advice as determined by TasWater, and set out in the attached Appendix A, form part of this permit. Engineering: 3. Soil and water management is to comply with best practice to prevent any transfer of soil material outside of the area specifically and necessarily disturbed for construction. Particular attention is to be paid to ensure no soil material is tracked onto roads and footpaths or to enter the Council’s stormwater system. All aspects and protection measures in connection with soil and water management are to comply with the requirements of Council’s Development Engineer and be installed prior to the removal of and/or disturbance of any soil or vegetation. 4. The loading and unloading of goods, including building materials and equipment, from vehicles must only be carried out on the land. 5. Prior to submission of a Building Application, the applicant is required to submit a condition inspection of the 600mm stormwater main crossing the site of the proposed development in accordance with Council’s Hydraulic Engineer’s requirements. The applicant must also arrange for any protection works of the main including pipe replacement if necessary to the requirements of Council’s Hydraulics Engineer. 6. A Traffic Management Plan must be submitted to and approved by Council’s Traffic Engineer, prior to the commencement of construction. The Traffic Management Plan must detail temporary closure of footpaths or roads and/or parking control alterations, during construction of the development. 31 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The Traffic Management Plan must demonstrate how pedestrians, cyclists and motorists are to achieve safe and convenient movement and access around the site, in accordance with Australian Standards. Traffic management on and adjacent to the site must conform to this approved plan. 7. Additional temporary parking must be provided on site for any spaces removed from the existing parking area at the end of Foreshore Road. These spaces may be temporary and constructed with gravel and marked along the existing Foreshore Road. 8. The temporary parking must be removed (including reinstatement to original condition) and the original number of existing spaces reinstated within a period of 3 months upon completion of construction to requirements of Council’s Development Engineer. 9. The developer shall be responsible for locating existing service connections on site. Where existing service connections cannot be found or existing service connections require upgrading for the development, new connections must be provided by Council or other relevant service Authority at the developer’s cost. Advice to Applicant: This advice does not form part of the permit but is provided for the information of the applicant. The applicant is advised to have regard for the ‘Unanticipated Discovery Plan’ (DPIPWE), so that the applicant may meet their obligations with respect to Aboriginal heritage in accordance with the Aboriginal Relics Act 1975 and the Coroners Act 1995. The site is located on the River Derwent and areas directly adjacent to the river may be subject to future sea level rise. The Inundation Prone Areas Level in a 1 in 100 year ARI event in the year 2100 is detailed in the following publication; Version 1, 2014 – M.J.Lacey, J.R.Hunter and R.E.Mount (2012). Coastal Inundation Mapping for Tasmania - Stage 2. Report to the DPAC by the Blue Wren Group, School of Geog and Enviro Studies, UTAS, Antarctic Climate and Ecosystems Cooperative Research. Before works commence, the applicant is required to submit a Risk Assessment and Safe Work Method Statement to Glenorchy City Council’s Insurance & Risk Officer and Council’s Work Health & Safety Officer. 4BAttachments/Annexures Attachments/Annexures 1 Attachment - 825 Brooker Highway, Montrose 5B7. Proposed Use and Development - Change of Use to Miscellaneous (Community Services) in Association with Glenview Rest Home with Alterations and New Carpark - 11 Windsor Street, Glenorchy 32 9 Pages Monday, 25th August 2014 7. Glenorchy Planning Authority Meeting Agenda PROPOSED USE AND DEVELOPMENT - CHANGE OF USE TO MISCELLANEOUS (COMMUNITY SERVICES) IN ASSOCIATION WITH GLENVIEW REST HOME WITH ALTERATIONS AND NEW CARPARK - 11 WINDSOR STREET, GLENORCHY Author: Planning Officer (Sylvia Jeffreys) Qualified Person: Planning Officer (Sylvia Jeffreys) Property ID: 5401751 REPORT SUMMARY: Application No.: PLN-14-126 Applicant: Tim Penny Architecture & Interiors Pty Ltd Owner: Glenview Community Services Inc. Zoning: Urban Residential Development Category: Miscellaneous Development Status: Discretionary Discretions: Use 42 Days Expires: Extension of Time to 25 Aug 2014 Existing Land Use: Single Dwelling Proposal In Brief: Change of Use to Miscellaneous (Community Services) in association with Glenview Rest Home, with alterations and new carpark. Representations: 0 Planning Issues: Use Recommendation: Approval, subject to conditions 33 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda REPORT IN DETAIL: PROPOSAL: The application proposes to convert a dwelling into office space in connection with a neighbouring respite centre for the elderly. It is proposed to relocate the office from the retirement home on the opposite side of the street. The office organises respite care and activities for the elderly in care. It is considered that the office space would be in association with the respite centre, which was approved as a miscellaneous use. Therefore it is considered that the proposal should also be classed as a miscellaneous use rather than business premises, which would otherwise be the case. The conversion of the dwelling would result in four rooms with offices, a store room, a toilet and a kitchenette. The exterior would largely remain the same with minor changes to windows, new paintwork and minor demolition of an existing rear addition. The proposal also includes the removal of three outbuildings and construction of a new driveway and parking area. The parking area would be at the rear and would provide for six carparking spaces. It is proposed to link the parking area with the neighbouring parking area so as to provide separate entry and exit. There are no works proposed for the neighbouring property but it is proposed to adhere the titles of 11 and 13 Windsor Street. The subject building and the proposed floor plan are shown in Figures 1 and 2 below. Figure 1: Subject Building Figure 2: Proposed Floor Plan Source: Tim Penny Architecture SITE & LOCALITY: The subject site is located on the eastern side of Windsor Street, opposite the entrance to Glenview Rest Home. The property is rectangular in shape with an area of 464m2 and contains a single dwelling and three outbuildings. 34 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The property lies within the Urban Residential Zone, as are most of the properties fronting the eastern side of Windsor Street. The property backs onto the Community Use Zone at the rear, which contains Cosgrove High School. The subject property is adjacent to a property at 13 Windsor Street, which contains a respite centre for the elderly. The site and zoning map are shown in Figure 4 and 5 below. Figure 1: Subject Site Figure 2: Zoning Map BACKGROUND: Application A meeting was held with the applicant and the manager of the nursing home to clarify the use of the site. Ordinarily, an office would be classified a Business Premises which is a Prohibited use within the Urban Residential Zone. Alternatively if the proposed use was in connection with the retirement village over the street, then both titles would have needed adhesion. Subsequent to the meeting, the applicant provided a statement to the effect that the use was in connection with the neighbouring property at 13 Windsor Street that functions as a day respite centre for elderly persons and Glenview Rest Home. The proposed office space would be used to organise support and activity programmes associated predominantly with the respite centre. This information provides the basis for the classification of the Miscellaneous use and for a recommendation to adhere tiles of 11 and 13 Windsor Street. A request for an Adhesion Order for these properties is currently being processed. Permits: The following permit was granted for both 11 and 13 Windsor Street: DA 154-99 (Amendment) – Elderly Care Facility … – Approved 16/12/1999 The above permit included provision of 6 carparking spaces at 11 Windsor Street. These spaces were never constructed. 35 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Later, a new application was made for only one of the properties at 13 Windsor Street as follows: DA 13-00 – Elderly Day Care Facility (including alterations and additions) – Approved 1 March 2000 The above permit required the provision of 4 carparking spaces on the Glenview site by way of a Part 5 Agreement for 13 Windsor Street From the above permits it appears that both addresses were utilised for elderly care (miscellaneous), with 13 Windsor Street renovated and 11 Windsor Street retaining the layout of the former dwelling, but used to accommodate elderly persons. Four parking spaces for 13 Windsor Street were required at the main site. APPRAISAL: Representations: The application was advertised for the statutory 14-day advertising period. There were no representations received during that time. Consistency with State Policies, Objectives of LUPA: There is no inconsistency with any State Policy and with the objectives of the Land Use Planning and Approvals Act 1993. A condition is recommended requiring the appropriate soil and water management to prevent erosion and the transport of sediments into surface waters – consistent with the State Policy on Water Quality Management. Zone Intent: The subject site is located within the Urban Residential Zone. The intent of the Urban Residential Zone is set forth in Clause 2.2 of the Glenorchy Planning Scheme 1992, which is as follows: The intent of this Zone is: (a) to ensure sufficient serviced residential land is available within the City to meet anticipated demand in the future; (b) to foster a safe and healthy residential environment; (c) to facilitate urban consolidation by encouraging the utilisation of existing serviced land; (d) to protect residential Amenity by reducing the potential for land use conflicts between residential use and other land use activities; (e) to encourage a range of housing types and housing designs to suit different needs within the community; and (f) to retain and improve the existing Streetscape/townscape. (g) to promote housing design, landscaping and construction techniques which make a positive contribution to crime prevention at the local level. 36 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda In addition, Clause 2.1.1 of the Scheme provides for the following: The Scheme places most residential areas of the City into an Urban Residential Zone. The primary purpose of the Zone is to ensure that residential uses have priority. Industrial, commercial and other incompatible uses are generally prohibited in the Zone. It is considered that the proposed miscellaneous use would be acceptable at this location, although it does not represent a residential use. Whilst the proposed use cannot accord with the main objective of the Zone Intent which is to foster residential uses, it would not represent a land use conflict with neighbouring properties. In particular, the proposed use forms part of the operations of the respite centre which more closely aligns with residential uses. Furthermore, it is considered that there would not be any adverse impact on residential amenity, with the exception perhaps of carpark noise. However, any noise potential would be reduced by restricting operating hours. It is also noted that the properties on either side are owned by Glenview so that there would be no third party impact and that the property at the rear is a school. The proposal is also considered acceptable in terms of streetscape, as the residential character of the street would be preserved, as the building would remain intact. Overall, it is considered that the proposal would at least in part accord with the intent of the Urban Residential Zone in regards to the objectives in Clause 2.2 (d) and (f) above. Use: The use was classified as Miscellaneous. The Use and Development Categories are defined in Schedule 2 of the Glenorchy Planning Scheme 1992 where the use is as follows: Miscellaneous means the use or Development of any Land not specifically defined in this Schedule. The use of an office is normally defined as follows: Business Premises: means the use or Development of any Land which has a Floor Area not exceeding 200m2, for an office providing professional advice or services, or for an office for business or commercial purposes including a bank, Building society or the like. The term does not include a Shop, Consulting Rooms, Showroom or Major Business Premises. Whilst the proposed use would normally be classified as a Business Premises, in this instance the use classified Miscellaneous as it would form an integral part of the respite centre, which was also categorised as Miscellaneous. The merit of the use at this location is discussed above with reference to the Zone Intent. 37 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Hours of Operation: The proposed operating hours would be as follows: Weekdays: 8:00am to 6:00pm Setbacks: Not applicable. There is no new building or additions proposed. Building Height: Not applicable. There is no new building or additions proposed. Landscaping: There would be no opportunity for landscaping. However, it is proposed to retain the front garden. Traffic, Access & Parking: The application proposes a new driveway and parking area. It is proposed to link the parking area with the parking area on the neighbouring property so as to use the new driveway for entry and the existing driveway on the neighbouring property for exit. As such, there would be on-site turning, in accordance with 10.4.1 of the Glenorchy Planning Scheme 1992. The application was referred to Council’s Development Engineer who found the arrangement acceptable. There would be no passing bay required pursuant to Clause 10.4.7 of the Scheme as there would be separate entry and exit points. The proposal provides for 6 carparking spaces. The requirements are set forth in Clause 10.5.1 of the Scheme as follows: Miscellaneous As determined by the Council The nearest comparable use would be a Business Premises as follows: Business Premises Gross floor area 1 per 30m2 The converted building would have a Gross Floor Area of 64m2. A Gross floor area of 64m2 would require 3 carparking spaces if it was a Business Premises. Therefore, it is considered that there would be sufficient parking. Signage: The application does not propose any signage. Heritage: The site is not listed under Schedule 5 of the Glenorchy Planning Scheme 1992. 38 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Other Provisions: There are no Other Provisions applicable. REFERRALS: Development Engineer: Traffic, Access & Parking Access to the development and proposed six car parking spaces is from Windsor Street. The development proposes separate entry and exit points with entry via 11 Windsor Street and exit via the adjacent property at 13 Windsor Street. This arrangement is considered acceptable providing the two properties is either adhered or alternatively an appropriate Right Of Way is endorsed over the adjacent lot. Six car parking spaces are proposed for the development and this is considered adequate to meet the requirements of the Glenorchy Planning Scheme 1992. The additional traffic movements generated by the development are not expected to significantly affect local traffic conditions. The developer is proposing to extend the existing crossover to facilitate entry to the proposed car park. This will need to be undertaken by a council-approved contractor at the developer’s cost. GCC Services (Stormwater) There does not appear to be any GCC stormwater mains affected by this application. Other Geoscience issues There are no geotechnical issues identified through Council records that affect this application. Flooding/Inundation issues There are no flooding issues identified through Council records that affect this application. External Referrals: TasWater Pursuant to the Water and Sewerage Industry Act 2008 (TAS) Section 56P(2)(a) TasWater does not object to the proposed development and no conditions are imposed. DISCUSSION: The application proposes to convert a dwelling into office space in connection with an adjoining respite centre for the elderly, opposite Glenview Rest Home. The property is located within the Urban Residential Zone, where a Business Premises is Prohibited. 39 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Nevertheless, given that the use forms an essential part of the respite centre, it was concluded that it should be classified as part of that use, contingent on the titles being adhered. The use of the respite centre is Miscellaneous. Other than not utilising the property for a residential use, which is a priority within the Urban Residential Zone, there is little about the proposal which could cause a land use conflict with adjacent properties. Any potential for carpark noise would be limited by restricting operating hours. It was also considered that the dwelling would remain intact so as not to change the residential character of the street. In addition, the adhesion of the titles and a recommended condition would ensure that the converted dwelling would not be used for a commercial office. The proposal does not raise any other issues and is recommended for approval. CONCLUSION: The proposal is assessed to substantially comply with the requirements of Schedule 1 of the Land Use Planning and Approvals Act 1993 and the Glenorchy Planning Scheme 1992, subject to the recommended conditions. 16BRecommendation Recommendation: That a permit be granted for the proposed use and development of Change of Use to Miscellaneous (Community Services) in association with Glenview Rest Home, with alterations and new carpark at 11 Windsor Street Glenorchy subject to the following conditions: Planning: 1. Use and development shall be substantially in accordance with planning permit application No. PLN-14-126 and Drawing No. P1 submitted on 13 June 2014, except as otherwise required by this permit. 2. Any conditions and/or advice as determined by TasWater, and set out in the attached Appendix A, form part of this permit. 3. The use must only operate in connection with the adjacent respite centre for elderly persons and must not be used for a commercial office otherwise defined as a Business Premises. 4. Titles for the land subject to the proposed use (CT 59825/50 and CT59825/51) must be adhered prior to the lodging of the building permit application for approval by Council’s Senior Statutory Planner. 5. Outdoor lighting, where provided, must be located, designed and baffled to ensure that no direct light is emitted outside the boundaries of the site. 6. This permit does not include approval for any sign(s). 40 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Engineering: 7. Soil and water management is to comply with best practice to prevent any transfer of soil material outside of the area specifically and necessarily disturbed for construction. Particular attention is to be paid to ensure no soil material is tracked onto roads and footpaths or to enter the Council’s stormwater system. All aspects and protection measures in connection with soil and water management are to comply with the requirements of Council’s Development Engineer and be installed prior to the removal of and/or disturbance of any soil or vegetation. 8. The loading and unloading of goods, including building materials and equipment, from vehicles must only be carried out on the land. 9. Any driveway crossover work within Council’s road reservation must be carried out by a Council approved contractor. A road-opening permit from Council’s Planning Services is required to be completed and approved by Council prior to any work within Council’s road reservation being undertaken. 10. Detailed engineering drawings showing the driveway and manoeuvring areas, internal service lines and connections to service mains including surface drainage, pavement composition, levels and finished floor levels must be submitted with the Building Application for approval by Council’s Development Engineer. 11. Driveways, car parking and turning areas must be constructed and sealed with an approved impervious surface treatment. All runoff from paved and driveway areas must be retained within site boundaries and discharged into Council’s stormwater system. Construction details must generally be in accordance with Council’s standard requirements. The driveway, parking and manoeuvring areas must be kept clear of obstructions, such as service authority infrastructure, letterboxes or bin enclosures, so that vehicle paths are not restricted. 12. Six (6) clearly marked car parking spaces must be provided generally as shown on the Site Plan submitted with the development application and kept available for these purposes at all times. Car parking spaces, manoeuvring areas and aisles must be provided in accordance with the Australian Standard AS 2890.1 – 2004 Off-Street Parking. In areas set aside for car parking, securely fixed wheel stops or kerbing must be provided to the satisfaction of Council to prevent damage to fences or landscaped areas. 13. The developer shall be responsible for locating existing service connections on site. Where existing service connections cannot be found or existing service connections require upgrading for the development, new connections must be provided by Council or other relevant service Authority at the developer’s cost. 41 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda 6BAttachments/Annexures Attachments/Annexures 1 Attachment 1 - 11 Windsor Street 1 Page 2 Attachment 2 - 11 Windsor Street 3 Pages 3 Attachment 3 - 11 Windsor Street 2 Pages 7B8. Proposed Use and Development - Change of Use to Holiday Accommodation - 19 Glenmore Street, Rosetta 42 Monday, 25th August 2014 8. Glenorchy Planning Authority Meeting Agenda PROPOSED USE AND DEVELOPMENT - CHANGE OF USE TO HOLIDAY ACCOMMODATION - 19 GLENMORE STREET, ROSETTA Author: Planning Officer (Sylvia Jeffreys) Qualified Person: Planning Officer (Sylvia Jeffreys) Property ID: 7283699 REPORT SUMMARY: Application No.: PLN-14-162 Applicant: M Strommer and P Strommer Owner: R A Di Narzo Zoning: Urban Residential Development Category: Holiday Accommodation Development Status: Discretionary Discretions: Use 42 Days Expires: Extension of time grated to 25 Aug 2014 Existing Land Use: Single Dwelling Proposal In Brief: Change of Use to Holiday Accommodation Representations: 0 Planning Issues: Use Recommendation: Approval, subject to conditions REPORT IN DETAIL: PROPOSAL: The application proposes to convert an existing dwelling into Holiday Accommodation. There are no other changes proposed. The existing dwelling is a double storey three-bedroom dwelling with integrated single garage. There is parking on the side and in front of the garage so that there would be three parking spaces available. The dwelling is shown in Figure 1 below. 43 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Figure 1: Subject Dwelling SITE & LOCALITY: The subject property is located at the end of a cul-de-sac that is Glenmore Street, off Mitchell Avenue and Riverview Parade in Rosetta. The property has an irregular shape of 552m2, with a moderate slope falling to the northeast. There is a single dwelling on site with a garden at the rear and parking at the front. The property lies within the Urban Residential Zone, which also covers most of the locality. The adjoining properties all contain single dwellings. The location and zoning of the property are shown in Figures 3 and 4 below. BACKGROUND: Figure3: Zoning Map Figure 2: Subject Site 44 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda There is no background information relevant to the assessment of this application. APPRAISAL: Representations: The application was advertised for the statutory 14-day advertising period. There were no representations received during that time. Consistency with State Policies, Objectives of LUPA: There is no inconsistency with any State Policy and with the objectives of the Land Use Planning and Approvals Act 1993. Zone Intent: The subject property lies within the Urban Residential Zone. The intent of the Urban Residential Zone is set forth in Clause 2.2 of the Glenorchy Planning Scheme 1992 and is as follows: The intent of this Zone is: (a) to ensure sufficient serviced residential land is available within the City to meet anticipated demand in the future; (b) to foster a safe and healthy residential environment; (c) to facilitate urban consolidation by encouraging the utilisation of existing serviced land; (d) to protect residential Amenity by reducing the potential for land use conflicts between residential use and other land use activities; (e) to encourage a range of housing types and housing designs to suit different needs within the community; and (f) to retain and improve the existing Streetscape/townscape. (g) to promote housing design, landscaping and construction techniques which make a positive contribution to crime prevention at the local level. It is considered that the proposed change of use would be in accordance with the above intent. The use of small scale Holiday Accommodation using an existing dwelling is not considered to be significantly different to neighbouring residential development. It is not considered that the change of use would result in a land use conflict in terms of adverse impact on residential amenity. Use: The proposed use is for Holiday Accommodation which is defined in Schedule 2 of the Glenorchy Planning Scheme 1992 as follows: Holiday Accommodation: means the use or Development of any Land to provide holiday units or holiday cabins each used by one family or group, where provision is made for: 45 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Ensuite facilities, or alternatively communal facilities if a holiday cabin Private kitchen and dining facilities Either communal or individual laundry facilities All domestic tableware, utensils, line and cleaning equipment. The term does not include a Motel. The use of Holiday Accommodation is Discretionary, pursuant to Clause 2.6 of the Scheme. Setbacks: Not applicable. There are no works proposed. Building Height: Not applicable. There are no works proposed. Density: Not applicable. There are no works proposed. Outdoor Space: Not applicable. There are no works proposed. Traffic, Access & Parking: The number of carparking spaces standard is set forth in Clause 10.5 of the Glenorchy Planning Scheme 1992 and is as follows: Guest House/Holiday Accommodation Bedroom 2 per 3 Cabin 1 Employee 1 per 1.5 The proposal provides for 3 parking spaces which is in accordance with the Scheme. Heritage: The site is not listed under Schedule 5 of the Glenorchy Planning Scheme 1992. Other Provisions: (Land Stability, Flooding, Fire, Listed Watercourses) There are no Other Provisions applicable. REFERRALS: Development Engineer: Traffic, Access & Parking Access to the site is available from an existing crossover in Glenmore Street within a cul-de-sac. There are no Traffic or Parking issues associated with this application. 46 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Any additional traffic movements generated by the development are not expected to affect local traffic conditions. To meet the requirements of the Glenorchy Planning Scheme 1992 for the proposed use, three (3) car parking spaces are required to be provided. This can be achieved within an existing double garage and an existing external paved area adequate for the remaining parking space. GCC Services (Stormwater) There are no GCC stormwater mains affected by this application. Other Geoscience issues There are no geotechnical issues identified through Council records that affect this application. Flooding/Inundation issues There are no flooding issues identified through Council records that affect this application. Environmental Health: This Development Application is for the change of use of a residential property to holiday accommodation located at 19 Glenmore Street, Rosetta. This site is zoned residential with neighbouring zone being residential also. The applicants have outlined in a cover letter submitted to Council that they intend to manage the property so that there would be no noise being generated late at night or any other disturbances of surrounding residence occurring. Due to the proposed nature and management of the site, it is believed that the proposed change in use would not result in any noise nuisance under Environmental Management and Pollution Control Act 1994. Therefore Environmental Health does not recommend any conditions to be applied to this application. If any concerns are raised regarding the creation of a noise nuisance at these premises, action can be taken under the Environment Management and Pollution Control Act 1994. External Referrals: TasWater Pursuant to the Water and Sewerage Industry Act 2008 (TAS) Section 56P(2)(a) TasWater does not object to the proposed development and no conditions are imposed. DISCUSSION: The application proposes a change of use to Holiday Accommodation within a residential area. The proposed use is Discretionary within the Urban Residential Zone. 47 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Nevertheless, it is not considered that the use would represent a land use conflict with neighbouring properties. The use would be small in scale and would utilise an existing dwelling. The dwelling would accommodate one family, a small group, a couple or an individual at any one time so that the only difference to a residential dwelling would be that the occupants would be temporary. The property provides sufficient parking and the application does not raise any other issue. There were no representations received in response to the advertising. Overall, the application is assessed as acceptable and is recommended for approval. CONCLUSION: The proposal is assessed to substantially comply with the requirements of Schedule 1 of the Land Use Planning and Approvals Act 1993 and the Glenorchy Planning Scheme 1992, subject to the recommended conditions. 17BRecommendation Recommendation: That a permit be granted for the proposed use and development of Change of Use to Holiday Accommodation at 19 Glenmore Street Rosetta subject to the following conditions: Planning 1. Use and development shall be substantially in accordance with planning permit application No. PLN-14-162 and Drawing No. P1 submitted on 8 July 2014, except as otherwise required by this permit. 2. Any conditions and/or advice as determined by TasWater, and set out in the attached Appendix A, form part of this permit. Engineering 3. The loading and unloading of goods, including building materials and equipment, from vehicles must only be carried out on the land. 4. Three (3) clearly marked car parking spaces must be provided and kept available for these purposes at all times. Car parking spaces must be provided in accordance with the Australian Standard AS 2890.1 – 2004 Off-Street Parking. 8BAttachments/Annexures Attachments/Annexures 1 Attachment 1 - 19 Glenmore Street 1 Page 2 Attachment 2 - 19 Glenmore Street 5 Pages 3 Attachment 3 - 19 Glenmore Street 2 Pages 9B9. Planning Scheme Amendment Request - Rezoning of Land from Community Use to Urban Residential and Public Utility - 95 Abbotsfield Road, Claremont and Rezoning of Land from Community Use to Public Utility at 95A Abbotsfield Road, Claremont 48 Monday, 25th August 2014 9. Glenorchy Planning Authority Meeting Agenda PLANNING SCHEME AMENDMENT REQUEST - REZONING OF LAND FROM COMMUNITY USE TO URBAN RESIDENTIAL AND PUBLIC UTILITY - 95 ABBOTSFIELD ROAD, CLAREMONT AND REZONING OF LAND FROM COMMUNITY USE TO PUBLIC UTILITY AT 95A ABBOTSFIELD ROAD, CLAREMONT Author: Co-ordinator Planning Services (Kylie Williams) Qualified Person: Co-ordinator Planning Services (Kylie Williams) Property ID: 5294589 REPORT SUMMARY: To seek the Planning Authority’s decision on a planning scheme amendment request involving rezoning of land from Community Use to Urban Residential and Public Utility and a small parcel of land containing a utility to Public Utility. Application No.: PLAM-14/04 Applicant: RJ Graham and Associates on behalf of Wilson Homes Owner: Wilson Homes and Centacare Services, Tasnetworks (formerly Aurora and Transend) Existing Zoning: Community Use Existing Land Use: Former School site, now vacant Proposal in Brief: Rezoning of the Land from Community Use to Urban Residential and Public Utility Representations: Not Applicable Advertised) Recommendation: Approval (Proposal Yet to be REPORT IN DETAIL: PROPOSAL:The proposal seeks the Planning Authority’s decision on a S33 amendment request PLAM 12/04 involving the rezoning of the land at 95 Abbotsfield Road, Claremont from Community Use to Urban Residential and Public Utility. 49 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The proposal would see the conversion of one land use zone to another without any other scheme modification. There are no other provisions requested to be changed. At this stage the subsequent further development of the site has not been decided. However recently, the applicant indicated that discussion with the land owners suggest either a residential subdivision to include affordable housing initiatives or independent living units for people of retirement age. Either of these uses would be facilitated by the change in zone. Following a detailed assessment of the initial request the draft amendment has required adjustment to take into account the presence of utilities owned and managed by Tasnetworks and Taswater. The amendment was changed to allow for the land subject to these services to be zoned Public Utilities to match their function. THE SITE AND LOCALITY: The site is located on Abbotsfield Road and its eastern boundary adjoins the Brooker Highway. It comprises an area of 3.137 hectares and is a rectangular shape with two frontages to Abbotsfield Road. The site is currently vacant and contains the former school buildings associated carparking, recreation areas and some scattered areas of vegetation. The site is split into roughly two levels, each level relatively flat. Pipeline and Electricity infrastructure exists on site located on the western end and Abbotsfield Road frontage respectively. THE BACKGROUND: The site is the location of the former Abbotsfield Primary School which became surplus to the Department of Education’s requirements due to a decline in school attendances. The site was offered for tender by the Department of Housing to enable the provision of quality affordable housing. Detail of the circumstances surrounding the alliance bid for the tender are available in detail in the consultant’s report which is available upon request. Further information received during the assessment of the proposal suggests that alternatives such as the provision of independent living units for aged accommodation are being considered. The initial request from the applicant was only for the rezoning of the land to residential. However, consultation with utilities providers has resulted in a public utility zone also being incorporated into the proposed amendment. The diagram below shows that this would be consistent with the areas on the opposite side of the road. 50 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Existing Zoning of the site and surrounds and below the proposed zoning changes: 51 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda STATUTORY REQUIREMENTS:Matters for consideration under the Land Use Planning and Approvals Act 1993 (LUPAA) Section 33(2B) of LUPAA requires that: Before making a decision as to whether or not to initiate an amendment of the planning scheme, the planning authority must consider: whether the requested amendment is consistent with the requirements of section 32; i.e. Must seek to further the objectives set out in Schedule 1. Must be prepared in accordance with State Policies. May make any provision which relates to the use, development, protection or conservation of land. Must have regard to the safety requirements set out in the standards prescribed under the Gas Pipelines Act 2000. 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. Must have regard to the impact that the use and development permissible under the amendment will have on use and development of the region as an entity in environmental, economic and social terms. The advice of a person with the necessary qualifications and experience (section 65 of the Local Government Act 1993). ASSESSMENT OF AMENDMENT REQUEST Planning Assessment: A planning assessment of the merits of the proposed amendment is provided below. It is noted the planning submission made in association with the proposal also addresses these matters on behalf of the proponents. Where appropriate some comments from this submission are included in the Planning Authority’s assessment below. Consistency with the Objectives of Schedule 1 of LUPAA The “Part 1” objectives of the resource management and planning system of Tasmania are – (a) to promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity; Planner’s Comment: The site has been cleared for use as the school for many years; there are several varieties of native trees on site mostly in the north western entrance section. 52 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The proposed re-zoning in itself will not result in any on-site works and in the event of future development of the land there is the opportunity to consider the retention of these natural areas and features, in turn encouraging sustainable development practices. It is considered that in the context of the area, it is unlikely to be of significance in terms of the provision of natural habitats or wildlife corridors. There are no wetlands or watercourses identified on or within proximity to the site. The proposed rezoning will not result in increased land degradation and any future development will be assessed under the provisions of the Scheme in this regard. (b) to provide for the fair, orderly and sustainable use and development of air, land and water; The proposed rezoning will see land currently zoned for a community purpose converted to a zoning that will encourage a variety of residential uses. It is necessary therefore to assess the application in terms of the demand for community use land versus the demand for land used for residential purposes within the locational context. In the wider context the site is located within an extensive area of longstanding residential use with the predominant form being single dwellings on individual lots. Scattered minor infill developments increase density (adjacent to the middle of the frontage to the site), and further south on Adelphi Road. The establishment of these dwellings in the area ranges from the 1930s to 1960s. As previously outlined in this report, whilst the site is directly adjacent to the Abbostfield Recreational Park complex to the south, it is located in an area predominantly characterised by residential use. To the east, on the other side of the Brooker Highway is a Local Shopping Centre Precinct, School and Church facilities. The rezoning of the site to Urban Residential is therefore consistent with the prevailing patterns of land use. In terms of its locational context, therefore, the proposed Urban Residential zoning is considered appropriate for the site. The change in zoning, however, will result in the loss of land zoned for Community Use, and it is necessary to consider the impact this may have in terms of the demand for community use land. The planning submission made in association with the application was required to address this matter and includes as follows: “It is understood that the ILUS recommends Community Purpose zoning. This implies public ownership. The site is privately owned and has been earmarked for affordable housing by the State Government. The request referred us to this strategy and “ whether the strategy recognises there is shortage of land zoned for this purpose”. There is no reference to this matter in the strategy and it provides no justification as to why this zoning is appropriate for the land. We would note, however, that in a meeting held with Council on 21 November it was stated that “Council feels there is merit in rezoning from Community Use to Residential. 53 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda There is an abundance of land available for community purposes in the vicinity- Abbotsfield Park (zoned open space, but there are substantial areas available community use, building or facilities), Roseneath school site, private school site off Wyndham Road, Claremont College, Lady Clarke House, smaller lots off Wyndham road, Box Hill road and Adelphi Road. At the same time the strategy does not identify any demand for community purposes activities, but does identify a significant demand for serviced land for residential purposes and specifically targets infill site for such development. The strategy provides strong evidence of the need for residential development on infill sites. The Interim Planning Scheme only recognises the need for community purpose zoning through acceptance of the current zoning as a given rather than it being the result of any strategic analysis.” By way of background, this land has not specifically been considered for a change in zone in the Draft Interim Planning Scheme as the Planning Authority was restricted in the re-zoning process due to advice from the Solicitor General. This advice was that the process for Interim Schemes, potentially denied natural justice to some parties and so all zoning changes recommended in Interim Schemes were required to either be “like for like translations” or necessary to give effect to the Regional Strategy. Therefore, in the Draft Interim Scheme the recommended zone for this land is the equivalent of the Community Use zone. In recent years the Department of Education have confirmed, in the sale of the land, that there were no plans to expand the subject site and in fact that the site was surplus to the area’s needs both now and into the future. Enrolment data would suggest numbers are static or declining. ABS data also would suggest an ageing demographic in Claremont. It appears to be sufficient information to conclude that the subject site will not be required for the purposes of the school. In any event the land is now privately owned and is unlikely to be used for this purpose. Future demand for the community use land may arise as a result of urban densification within the area. The STRLUS identifies a densification area under the Residential Strategy that is considerable and extensive throughout the northern suburbs and located in proximity to the site. With the intensification of residential development, it is expected that demand for community use land will increase. Whilst the need for community use land in the future can be anticipated, at present there does not appear to be evidence of an existing undersupply of it. The Glenorchy City Council Interim Land Use planning Strategy ( ILUPS) does not identify a need for a significant amount of Community Use land within the municipality. Both the Interim Land Use Planning Strategy and the Regional Strategy are more explicitly concerned with the location of social infrastructure, with both documents promoting its co-location with activity centres and residential areas with access to multiple forms of transport. Of further consideration is the fact that the site is privately owned now, which limits the scope of community uses likely to establish on it. Due to location disadvantages and land tenure arrangements therefore, community use of the site is expected to be somewhat limited. 54 Monday, 25th August 2014 (c) Glenorchy Planning Authority Meeting Agenda to encourage public involvement in resource management and planning; Planner’s Comment The statutory process for a s. 33 and s 34 amendment request involves a public notification period. Any representations received will be considered by the Planning Authority. The Planning Authority is required to report on any representations to the Tasmanian Planning Commission (TPC), which in turn may hold public hearings into representations. (d) to facilitate economic development in accordance with the objectives set out in paragraphs (a), (b) and (c); HU UH HU UH HU UH Planner’s Comment The proposal represents a conversion of land identified as surplus for the purpose of social infrastructure (a school) and would allow for the establishment of residential development in areas with sufficient servicing capacity. (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; Planner’s Comment Enquiries with the Department of Education and utilities providers Tasnetworks, and Taswater encouraged the communication between government agencies and Council in the strategic land use planning decision making process. (a) to require sound strategic planning and co-ordinated action by State and local government; Planner’s Comment The Southern Tasmanian Regional Land Use Strategy (STRLUS) is a statutory planning instrument under Section 30C(3) of the Land Use Planning and Approvals Act 1993(LUPAA) . All interim planning schemes within the Southern Region are to be consistent with and further the objectives and outcomes of the Strategy pursuant to Section 30E(6) of the Act. The Regional Strategy is not specifically identified as relevant to consideration of existing planning schemes. However, it is prudent to ensure the proposal is consistent with the objectives of the Regional Strategy and it is also necessary to consider the implication that the proposed zone will have on the site and its immediate surrounds once the provisions have been translated into the Draft Interim Planning Scheme. An assessment of the proposal against the Regional Strategy’s policies considered relevant to the rezoning is provided below. 55 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Social Infrastructure - Section 11.5 – Regional Policies SI1 Provide high quality social and community facilities to meet the education, health and care needs of the community and facilitate healthy happy and productive lives. SI1.2 Match location and delivery of social infrastructure with the needs of the community and, where relevant, in sequence with residential land release. SI1.3 Provide social infrastructure that is well located and accessible in relation to residential development, public transport services, and employment and education opportunities. SI1.4 Identify and protect sites for social infrastructure, particularly in high social dependency areas, targeted urban growth areas (both infill and greenfield) and in identified Activity Centres. SI1.6 Co-locate and integrate community facilities and services to improve service delivery, and form accessible hubs and focus points for community activity, in a manner consistent with the Activity Centre hierarchy As demonstrated by the above policies, there is a strong focus in the Regional Strategy for the location of social infrastructure into activity centres or residential areas where it can be co-located with other compatible and supportive uses, and where it is well serviced by a range of transport options. The conversion of the subject land from Community Use to Urban Residential will not conflict with this intent. Settlement and Residential Development – Section 19.7 –Regional Policies The Southern Tasmanian Regional Land Use Strategy (STRLUS) considers Glenorchy as part of the greater Hobart Region, which is the primary urban centre for the broader region, providing for significant housing and employment opportunities. Similar to the Glenorchy Interim Land Use Strategy (ILUPS) the findings of the STRLUS are that based solely on available and appropriately zoned land the current land supply in the region could cater (adequately) for forecast demand. However a 50/50 % approach to the use of infill and green field sites was advocated to cater for this demand and land release through the operation of greenfield areas or precinct plans was advocated. Accordingly the proposal is in accordance with these policies. The subject site is located within the Urban Growth boundary as identified in the STRLUS. The site is therefore appropriate for a zoning of Urban Residential which would allow for the potential infill development of the land to a minimum of 15 dwellings per hectare. 56 Monday, 25th August 2014 (b) Glenorchy Planning Authority Meeting Agenda to establish a system of planning instruments to be the principal way of setting objectives, policies and controls for the use, development and protection of land; Planner’s Comment It is not considered necessary to put in place any additional land use controls other that those which currently exist in the Planning Scheme. Setback standards apply to all Residential Zones that adjoin other zones. As demonstrated above in the assessment of the proposal against the Regional Strategy, significant consideration was not required at this stage in terms of the potential siting of residential uses in relation to nearby uses because the future development of the land and its impacts can be given full merits based assessment at the later stage. The proposed amendment of the current Scheme therefore will effectively represent a transition to the approach likely to be taken in the Interim Planning Scheme and will have a greater degree of consistency with the Regional Strategy. See “Impact on Glenorchy Planning Scheme 1992” below. (c) to ensure that the effects on the environment are considered and provide for explicit consideration of social and economic effects when decisions are made about the use and development of land; Planner’s Comment The environmental impacts associated with future residential development are capable of being addressed through existing legislation and land use planning controls. The proposed rezoning is expected to return an improved economic outcome than the current use of the land as discussed previously in this report. The proposal will result in the loss of land for community purposes. The social impact of this loss is not considered to be significant. As outlined there is no evidence that there is a significant shortage of community purpose zoned land in the City, overall it is considered that social infrastructure should be much more conveniently located to residential areas and activity centres than what the subject site can provide. (d) to require land use and development planning and policy to be easily integrated with environmental, social, economic, conservation and resource management policies at State, regional and municipal levels; Planner’s Comment The proposal is assessed against the relevant State policies below. It has been assessed against the relevant regional and municipal policies and strategies in previous sections of this report. On the whole the proposal is found to be consistent with all relevant State, regional and municipal policies and is considered to be supportive of the above objective. 57 Monday, 25th August 2014 (e) Glenorchy Planning Authority Meeting Agenda to provide for the consolidation of approvals for land use or development and related matters, and to co-ordinate planning approvals with related approvals; Planner’s Comment The proposal does not conflict with this intent. (f) to secure a pleasant, efficient and safe working, living and recreational environment for all Tasmanians and visitors to Tasmania; Planner’s Comment The proposal represents the conversion of community use to residential land which is consistent with the surrounding pattern of land use. It is also consistent with the above objective that encourages residential and associated uses within land with compatible zoning. (g) to conserve those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value; Planner’s Comment The proposed rezoning does not apply to any place of cultural heritage significance. (h) to protect public infrastructure and other assets and enable the orderly provision and co-ordination of public utilities and other facilities for the benefit of the community; Planner’s Comment The straight rezoning will not pose any implications for existing public utilities, however the utility providers have adopted a precautionary approach in their advice (see below). Future development will be contained within the site, and will not pose any impediment this infrastructure. It is not considered that the future residential development of the site will cause interference more broadly to any public infrastructure or service. Traffic and Safety The matter was referred to Council’s Transport Engineer as to whether the potential change in zone (particularly the resultant change in range of permitted land uses) was likely to prevent the Planning Authority being satisfied this objective could be met. Based on the information provided in the traffic assessment document, the preferred form of residential development for the site is a retirement village with 55 independent living units. Using the traffic generation rate of maximum 2 vehicle trips per dwelling per day for housing for aged and disabled persons (refer to the MSW RTA Guide to Traffic Generating Developments), the maximum traffic generation associated with the proposed development would be 110 trips per day. 58 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda This amount of traffic is well below the generated traffic by the previous primary school which was approximately 200 trips per day (i.e. assuming 1 trip per child per day and 200 enrolled children). It should be noted that the rezoning application, in itself, has no traffic implications. However, a Traffic Impact Assessment (TIA) will be required once a detailed proposal for development of the site is submitted for development approval. A TIA for any detailed development proposal should consider access, parking, road safety and the impacts on the surrounding road network. As a result there were no objections to the development of the proposed rezoning of land from Community Use to Urban Residential at 95 Abbotsfield Road, Claremont on traffic engineering or road safety grounds. Services and Access The previous use of the site was a primary school and the site has frontage to Brooker Highway and Abbotsfield Road at two separate locations. The site has frontage to Abbotsfield road adjacent to the exit lane from the Brooker Highway. Vehicular access to the site from this section of frontage or Brooker Highway will not be permitted. The current vehicular access is from Abbotsfield Road approximately 260m west of the Brooker Highway. This will remain the vehicular access point for any future development proposal for the site. Council’s Traffic Engineer has recommended that a detailed Traffic Impact Assessment would be required to be completed as part of any future development application. The parking assessment would also be required to be completed as part of any future development application. The site falls towards the south and east towards the Brooker Highway and Abbotsfield Park Sports Oval. Council stormwater mains are located adjacent the southern boundary of the site within Abbotsfield Park. This connects to an existing culvert system located at the Brooker Highway. Further development of the site can be serviced with stormwater mains extension from the existing Council mains. However, the detailed stormwater design and capacity assessment would be required to be completed as part of any future development application. TasWater The following response was received from TasWater when the matter was referred for consideration: “Southern Water (sic) objects to the application to rezone the land from Community Use to Urban Residential and these are the reasons why: 1) The proposal would allow additional uses in the TasWater Pipeline Easement and pipeline corridor shaded in green on Document D3 which are inconsistent with the exercise of rights over the rezoned land that currently exists. For example, Urban Residential zone allows development over the land where none is permitted in a Public Utility zone. 59 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda 2) Encumbrances such as accesses, water service, electricity, telecommunications and private landscape infrastructure would be permitted in and over the TasWater Pipeline Easement and pipeline corridor which TasWater would then be obliged to protect, repair or renew whenever work must be undertaken on the pipelines. 3) No condition on any planning permit can ameliorate these encumbrances in point 2. TasWater would support partial rezoning provided that the relevant area is protected by Public Utility land use zone.” Whilst it is considered that some of the above comment in relation to land uses is true, the practical effect of pipelines and easements are that they prevent and constrain development regardless of the development/use categories that apply to the land by virtue of the zoning. Notwithstanding this, it is possible to consider (as has previously been foreshadowed in the report) that the part of the land subject to the location of these utilities be zoned Public Utility, thereby nominally reflecting the function. Tasnetworks (quote extracted from advice received): “I have attached an extract from TasNetworks’s mapping system indicating the location of existing distribution network assets running through the relevant titles. You will note that the titles are affected by an underground 11kV distribution feeder. It is planned to also install a 33kV feeder on the eastern side of this existing infrastructure. The land affected by the rezoning is currently subject to a notable interest under the Electricity and Wayleaves Easement Act 2000. This puts the developer on notice that there is electricity infrastructure on this site, however, does not specify its location. The rezoning proposal does not, by itself, raise concerns for the protection of TasNetworks existing and planned infrastructure. However, once the land is rezoned, it will be capable of intensive residential subdivision or other residential style development. It will be important to ensure that appropriate easements are reflected on the titles to: 1. Facilitate protection of existing and planned assets at either subdivision stage or prior to other development commencing, and 2. Provide clarity regarding restrictions on this site for future development. To this end, either at subdivision stage, or prior to the commencement of new development on the site, TasNetworks requires an electricity infrastructure easement 6 metres wide. 60 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Standard terms are attached for the developer’s information. In locating this easement, it is important to ensure the existing 11kV underground cable is protected by a 1.5 metre wide easement on its western side with the remainder of the 6 metre wide easement (4.5m) located on the eastern side of the existing 11kV cable. This will protect the existing 11kV cable and enable safe location of the planned 33kV underground cable. It is also important to ensure that this easement is not affected by other infrastructure or development. It is noted that in the Site Analysis document, a ‘Restricted Area (easements)’ is indicated for the benefit of a TasWater pipeline easement. It is not anticipated that this area will encroach upon the area required for existing and planned electricity infrastructure. However, it is important that this be clarified. I would be happy for you to pass our contact details on to the developer and TasWater to enable this to occur. I also note that a small title, CT 85282/1 at 95a Abbotsfield Rd, owned by TasNetworks is surrounded by CT 126814/1. This land is currently zoned community purposes. After discussions with you, I can confirm that TasNetworks has no objection to Council rezoning this land to Public Utility.” Small title le at 95 A Abbostfield Road 61 Monday, 25th August 2014 (i) Glenorchy Planning Authority Meeting Agenda to provide a planning framework which fully considers land capability. Planner’s Comment This objective is not relevant to consideration of the proposal. Consistency with State Policies State Policy on Water Quality Management 1997 The proposed amendment per se would not result in an increase in sediment transport to surface waters. Future development of the site would be subject to the necessary approvals under LUPAA and/or EMPCA, which would require water management issues to be addressed as appropriate to the proposed use. State Policy on the Protection of Agricultural Land 2000. The proposal does not involve the conversion of prime agricultural land to nonagricultural use. State Coastal Policy 1996. The subject land lies outside of the coastal zone. Gas Pipelines Act 2000 The site is not located in the vicinity of the gas secondary distributor pipeline. Potential for Land Use Conflict with Adjacent Planning Scheme Areas The proposal will not result in land use conflict with adjacent planning scheme areas. Impact of Permissible Use and Development on the Region The proposal will not have impacts for the wider region. It is assessed as being consistent with the relevant regional policies. Consistency with the Glenorchy Planning Scheme 1992 (Criteria as set out in Tasmanian Planning Commission Advisory Note Planning Advisory Note, Assessment of a Draft Amendment to a Planning Scheme under s. 32, July 2004). U U Is the proposed amendment clear and concise and will it achieve its intended purpose? As outlined the amendment involves a rezoning proposed by the applicant and based upon the application’s initial assessment it was considered appropriate to recommend additional controls to address potential land use conflict. The rezoning will achieve its purpose of allowing residential and related uses on site. Is the proposed amendment consistent with the strategy, intent and all relevant objectives and provisions of the planning scheme? The proposed conversion of the land from Community Use to Residential and Public Utility Zoning is considered to further consistency with the objectives and provisions, strategies and intents as stated in the Glenorchy Planning Scheme 1992. 62 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Similarly (although not the current statutory document) the amendment has also been considered in respect to some provisions in the Glenorchy Draft Interim Planning Scheme What is the effect of the proposed amendment on the status of use and development? The following table demonstrates a comparison respective uses and development in Zones before and after the amendment (derived from Clauses 6.7 and 2.6). USE AND DEVELOPMENT COMMUNITY USE ZONE URBAN RESIDENTIAL ZONE Car Park P X Child Care Centre P D Civic Building P X Educational Establishment P D Guest house, Accommodation X D Home Activity X P1 Home Business X D Home Child Care Centre X P1 Hospital P D Indoor Sports Facility D D Institutional Building D X Local Shop X D Marine Development D D Miscellaneous D D Multiple Dwelling Units X D Multi-Storey Dwelling Units X D Outdoor Complex D X Place of Assembly P D Public Park P P1 Public Utility D D Single Dwelling X P1 Two Dwelling Units X P CATEGORIES Holiday Recreational Note: P1 = The use or Development of the Land may take place without obtaining a permit, provided the use or Development complies with all relevant Development Standards of this Scheme (refer Clause 7.3). 63 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda P = The Council will grant a permit for the use or Development of the Land conditionally or otherwise provided it complies with all relevant Development Standards of this Scheme (refer Clause 7.4). D = The Council has the discretion to grant a permit or refuse to grant a permit for the use or Development of the Land (refer Clause 7.5). X = The use or Development of the Land is prohibited (refer Clause 7.6). The proposed rezoning would therefore result in the loss of four community use functions, these being: Car Park Civic Building, Institutional Building Outdoor Recreation Facility Alternatively the proposed rezoning will secure residential uses, these being: Guest House Holiday Accommodation, Home Activity Home Business, Home Child Care Centre, Local Shop, Multiple Dwelling Units, Multi-Storey Dwelling Units, Single Dwelling and Two Dwelling Units. It is considered that, possibly with the exception of the Outdoor Recreation Facility, the use categories lost from the list in the conversion of zoning would in any event, be more appropriately located on land in proximity to an Activity Centre. Additionally recent scheme amendments and development applications have seen the increased provision for outdoor recreational facilities closer to the Glenorchy CBD. According to the table above, a range of uses applicable to both zones, would change use status but would nevertheless be able to be considered. What is the effect of the proposed amendment on any specific land and adjacent land? The impact of the proposal on adjacent land has been discussed extensively throughout this report, and it is considered that the proposed site specific amendment, as well as the legislation provided under LUPAA and EMPCA, are capable of satisfactorily mitigating any potential land use conflict. 64 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda THE PROCESS FROM HERE: Draft amendments to the Glenorchy Planning Scheme 1992, once initiated by the Planning Authority, require public notification in accordance with the requirements of the Land Use Planning and Approvals Act 1993 – which includes advertising in The Mercury on two occasions, one of which is to be on a Saturday and letters to adjoining owners and occupiers of land – where the proposed amendment is site specific. Any representations received would be reported to a future meeting of the Glenorchy Planning Authority for consideration, as the Planning Authority is required to report to the Tasmanian Planning Commission as to the public notification outcomes and any recommendations leading out of them. If no representations are received, the senior planning staff have delegation to forward a report to that effect to the Commission. The Commission would then assess and decide upon the draft amendment and planning permit application, after taking into account the outcomes of any hearings it may hold. CONCLUSION The rezoning will constitute the conversion of community use land into residential land in a strategic residential location. There is also consideration of the utilities on site, and the need for any future zoning to reflect this function. In this respect it will strengthen operational efficiencies in turn promoting economic development within the City. The proposal will result in the loss of land zoned for community use, but the site is considered to be at a locational disadvantage in terms of attracting community uses and on balance, the residential zoning is considered to be more appropriate. Any potential land use conflict issues that may arise have been given thorough consideration as far as is possible without a particular development to assess. For this reason a site specific departure comprises a further recommendation of the application in order to address potential land use conflict. Future development will also be subject to meeting the requirements of both LUPAA and EMPCA. Given these controls it is considered that potential impacts can be adequately mitigated. For the above reasons, it is assessed that the proposed amendment is consistent with the objectives and other requirements of the Land Use Planning and Approvals Act 1993, the tenor of the Glenorchy Planning Scheme 1992 and is not contrary to any State Policies. 18BRecommendation Recommendation: A. That pursuant to Section 33 of the Land Use Planning and Approvals Act 1993, the Planning Authority agree to initiate Amendment PLAM-14/04 to the Glenorchy Planning Scheme 1992, to Rezoning of land from Community Use to Urban Residential and Public Utility at 95 Abbotsfield Road Claremont, as shown in the Attachments to this report. 65 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda B. That pursuant to Section 34(b) of the Land Use Planning and Approvals Act 1993, the Planning Authority agree to initiate Amendment PLAM-14/04 to the Glenorchy Planning Scheme 1992, to Rezoning of land from Community Use to Public Utility at 95a Abbotsfield Road Claremont, as shown in the Attachments to this report. C. That having decided to initiate an amendment, and having prepared that amendment, the Planning Authority certifies pursuant to Section 35 of the Land Use Planning and Approvals Act 1993 that the draft amendment meets the requirements specified in Section 32 of the Act. 10BAttachments/Annexures Attachments/Annexures 1 Attachment 1 - Abbotfield Road 15 Pages 2 Attachment 2 - Abbotsfield Road 1 Page 3 Attachment 3 - Abbotfield Road 8 Pages 1B10. Planning Scheme Amendment Request - Amend the Development Standards of Schedule 11 of the Glenorchy Planning Scheme 1992 to Provide for a Suitable Aldernate Form of Residential Development - 109 Cadbury Road, Claremont and 1 Bournville Crescent, Clare 66 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda 10. PLANNING SCHEME AMENDMENT REQUEST - AMEND THE DEVELOPMENT STANDARDS OF SCHEDULE 11 OF THE GLENORCHY PLANNING SCHEME 1992 TO PROVIDE FOR A SUITABLE ALDERNATE FORM OF RESIDENTIAL DEVELOPMENT - 109 CADBURY ROAD, CLAREMONT AND 1 BOURNVILLE CRESCENT, CLAREMONT Author: Strategic Planning Officer (Grietje van Randen) Qualified Person: Strategic Planning Officer (Grietje van Randen) Property ID: PLAM-14/05 REPORT SUMMARY: Application No.: PLAM-14/05 Applicant: Ireneinc Planning Owner: Claremont Golf Club and Claremont Bowls Club. Existing Zoning: Open Space Existing Land Use: Golf Course Proposal in Brief: Amendment to development standards of Schedule 11 of the Claremont Peninsular Specific Area Plan Representations: Not Applicable Advertised) Recommendation: Approval (Proposal Yet to be To seek the Planning Authority’s decision on a planning scheme amendment request involving an amendment to the development standards of Schedule 11-Claremont Peninsular Specific Area Plan (CPSAP) of the Glenorchy Planning Scheme 1992. The Amendment seeks to remove the requirement that the residential development be in accordance with the architectural plans by Bullock Consulting (Drawing Ref. AP00 – AP21 dated 6 June 2012 and amend existing provisions as well as insert new provisions within the Schedule, to provide for a suitable alternate form of residential development. 67 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The proposal seeks to provide greater flexibility in the form of residential development that can be developed within the Residential Precinct without having to go through a planning scheme amendment. Assessment of the proposal sought to ensure that any future development proposal would able to be assessed on all matters considered as part of the original planning scheme amendment, including the requirement to ensure a landmark development on this prime site. In light of the pending declaration of the draft Glenorchy Interim Planning Scheme 2014 (DGIPS 2014), the amendment has been considered in the context of both the Glenorchy Planning Scheme 1992 (GPS 1992) and the Glenorchy Draft Interim Planning Scheme 2014 (GDIPS 2014). As such it is recommended that minor errors in the current provisions be amended and that terminology and syntax be changed to align with relevant drafting guidelines to enable easy translation into the GDIPS 2014 as and when required. REPORT IN DETAIL: PROPOSAL: The proposal seeks to amend the development standards of Schedule 11 of the Glenorchy Planning Scheme 1992, the Claremont Specific Area Plan (CPSAP), to remove the requirement that the residential development be in accordance with the architectural plans by Bullock Consulting (Drawing Ref. AP00 --AP21 dated 6 June 2012) and insert or amend existing provisions within the schedule to provide for a suitable alternate form of residential development. (Submission from applicants Introduction page 5) In consultation with the applicant, the proposal was reviewed to ensure that the proposed standards would be consistent with the intent of the original amendment by achieving all of the following: permitted development application pathways where possible; a form of development that: o without prescribing a particular design outcome, will ensure a landmark development with a ‘stand alone’ identity that acknowledges, responds to and is respectful of, the unique context of the Claremont Peninsula; o is experienced in the round and would be located within, rather than at the edge of, a continuous parkland by providing; pedestrian links adjacent to and through the development; a landscaped transition between the publicly accessible foreshore (and from the surrounding golf course and environs) through semi-private spaces, to the privacy of individual dwellings; vehicular space that is designed as a landscaped feature; 68 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda o will provide an alternative form of housing to that generally available in the area; o will minimise land use conflict between the adjacent golf course and nearby industrial use; o will ensure safe public access to the foreshore; o will continue to protect the foreshore along the northern boundary of the site from inappropriate development and ensure suitable setbacks for development. In addition, it is proposed to: more accurately define the boundaries of the precincts; correct errors in Scheme text and numbering. In order to achieve the above a comprehensive set of standards has been proposed. The standards aim to allow for a wide range of design solutions which nevertheless should achieve a high quality of design and other desired outcomes. Where possible, standards have been based on standards provided in PD4, though where necessary, wording has been changed to accommodate site-specific variations. Where possible, the standards proposed provide acceptable solutions thus providing a measure of surety for potential developers whilst at the same time providing performance criteria that would allow for creative alternative solutions. Whilst the intent of the amendment largely relates to development within the Residential Precinct (RES-P), access for any development within this precinct may include access through the Commercial Precinct (COMM-P) and the Golf Course Precinct (GOLF-P) as such the proposal includes amendments to the provisions of those precincts. The current standard provides for seventy five dwellings, which would be provided in a modular podium and tower design. All dwellings would be provided with either a balcony or courtyard area with shared open space to the north and south of the podium/tower configuration. As such, the current provisions provide an alternative form of housing where individual dwellings largely rely on shared open space for their open space needs and individual dwellings do not have private backyards in the traditional sense of the word. Whilst no longer requiring a tower or apartment style development, the proposed provisions would still require this approach to use of open space, to provide an alternative form of housing and to respect the landscape setting of the peninsula. The current provisions provide for car parking at basement level. In the event that a proposal seeks to provide car parking at ground level, additional standards are proposed to ensure that vehicle movement areas and car parking spaces are integrated into the landscape. 69 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The precinct is zoned Open Space under the Glenorchy Planning Scheme 1992 and is proposed to be zoned Environmental Management Zone (a 30 m wide strip of land along the foreshore) and Recreation Zone (the remainder of the precinct) by the GDIPS 2014. To ensure that the long-term future of recreational uses in a parkland setting on the Claremont Peninsula is protected, it is proposed that the underlying zone of the land remains. Note that where there is a conflict between a provision in this SAP and a provision in a zone or schedule in the GPS 1992, or a provision in a zone or a code in the GDIPS 2014, the SAP provisions prevail. Signage and other specific provisions that are not dealt with by the SAP would be assessed against the standard specific provisions of the applicable planning scheme as and when an application is made. The proposed amended precinct plan included boundaries that were undefined, the applicant was requested to provide information that would enable surveying of precinct boundaries. The format of the amended precinct plan is proposed to be consistent with the new format used for figures describing heritage places in the GDIPS 2014. For details on proposed changes refer to Attachments. SITE AND LOCALITY: The site is located on the Claremont Peninsula. Landform in the area is typified by a series of headlands and bays. One of the largest is Elwick Bay defined to the north by the Claremont Peninsula extending out to Dogshear Point. The Specific Area Plan comprises the properties of Claremont Golf Club (109 Cadbury Road C/T 65330/1) and Claremont Bowls Club (1 Bournville Crescent CT 134788/1). The area is located towards the centre and east of the peninsula, also locally known as the Cadbury peninsula. Access to both properties is via Cadbury Road and Bourneville Crescent. The site extends to some 40 ha. The topography of the peninsula is generally gently sloping. Steeper sections exist especially along the foreshore edges. Much of the area has been modified from its natural state through past developments and extensive areas of fill have been placed on the site. A central high point rises to a height of approximately 25m with land dropping down to the foreshore from this. Vegetation on the peninsula comprises mature vegetation of exotic and native species. This is often more dense along foreshore edges and the higher contours of the land. The trees around the Cadbury Factory are visually significant having been planted at the time of the construction of the factory. Other development on the peninsula includes extensive residential accommodation and the Cadburys Factory. Cadburys acquired the land in 1922 and the factory, golf course and residential development was established. The existing primary settlement approach and broad scale pattern was derived from Cadburys conceptual ‘garden city planning’ and was comprised of a centrally located factory with surrounding neighbourhoods linked by recreation spaces. 70 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The housing along Bourneville Crescent now provides one of the most extensive listed streetscapes in the state. Many of the significant trees of the peninsula were also planted at this time. The current golf course and bowls green buildings are located towards the north western corner of the site with the majority of the site occupied by the golf greens and fairways. Architect and Urban Design Consultant Leigh Woolley and Council’s Heritage Officer have both provided more extensive histories of the site and the context in their reports, refer to attachments. Heritage listings: The Clubhouse at 109 Cadbury Road, Claremont Golf Club is listed in schedule 5 (a) Heritage of the Glenorchy Planning Scheme 1992. The site is identified as part of the Cadbury Bourneville Estate Heritage Conservation Area in: Ian Terry & Paul Davies, April 2004. Glenorchy Heritage Place Assessment Project. Inventory. Heritage Conservation Areas. The clubhouse has also been nominated for entry in the Tasmanian Heritage Register but, as yet, has not been assessed. Ian Terry & Paul Davies, April 2004. Glenorchy Heritage Place Assessment Project. Inventory. Heritage Conservation Areas. Ian Terry & Paul Davies, April 2004. Glenorchy Heritage Place Assessment Project. Inventory. Heritage Conservation Areas. Ian Terry & Paul Davies, April 2004. Glenorchy Heritage Place Assessment Project. Inventory. Heritage Conservation Areas. Ian Terry & Paul Davies, April 2004. Glenorchy Heritage Place Assessment Project. Inventory. Heritage Conservation Areas. Ian Terry & Paul Davies, April 2004. Glenorchy Heritage Place Assessment Project. Inventory. Heritage Conservation Areas. Ian Terry & Paul Davies, April 2004. Glenorchy Heritage Place Assessment Project. Inventory. Heritage Conservation Areas. Ian Terry & Paul Davies, April 2004. Glenorchy Heritage Place Assessment Project. Inventory. Heritage Conservation Areas. Ian Terry & Paul Davies, April 2004. Glenorchy Heritage Place Assessment Project. Inventory. Heritage Conservation Areas. BACKGROUND: Relevant previous applications: PLS43A-11/01: Combined planning scheme amendment request and planning permit application. This proposal resulted in the CPSAP and provides for a Recreational, Commercial and Residential Complex in a series of precincts. 71 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda PLN-13-081: Two (2) lot subdivision plus balance of 109 Cadbury Road. Prior to the application for PLS43A-11/01 Council Officers met for a number of years with representatives and developers regarding the Golf Club and potential redevelopment. Previous enquiries for the development of the site had been varied. At least two related to separating a small parcel of the land for development or on-selling for development for multiple residential development. Council had very much discouraged incremental or piecemeal development of the site and previous discussions had been themed with the proviso that future development should be related to the use of the site and should be of landmark quality in terms of design. It had long been Council's view that any change to the status quo would be a pity but that the planning process would need to consider any proposal for a change put forward. Advice given also indicated that a straight rezoning of the site would be unlikely to be acceptable, and that some form of Master Plan process would be necessary, whether by s. 43A application or otherwise. Advice given to both the Golf Club and their representatives had been that it was firmly considered that it would be necessary to proceed to carefully identify the values of the site and then to design any solution to fit with those values. Some of the general issues identified, at that stage were: Need to address the objectives of LUPAA and the State Coastal Policy in any proposal. Heritage – layering of aboriginal cultural heritage, WW1 army camp and RAIA 20C building significance for golf clubhouse. An archaeological survey (both aboriginal and historic heritage) would be required prior to the lodgement of any application. Open Space –Foreshore access would be necessary around the Point and that the traditional yardstick is a 30m littoral reserve. It is envisaged that this would form only part of the open space network offered. Need to guard against potential for land use conflict given proximity to the Cadbury site – which is zoned Major Impact Industrial. An environmental study on likely impacts and mitigation measures would be required. The proximity to the Clubhouse and other course activities and any potential land use conflict should also be addressed. The site is prominent in the sub-regional landscape and any development needs to manage its impacts carefully, including tree removals and density of development. The local community is heavily engaged on planning issues and it would need to be ensured that any proposal provided tangible benefits to the community – e.g. public access, preservation of views etc. Council would encourage early stage consultation with the local community prior to the lodgement of any applications. 72 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda A traffic impact assessment would be required to demonstrate the likely impact on the road network. After lodgement of the application numerous meetings took place between Council Officers and the applicants. Council engaged Architect Urban Design Consultant Leigh Woolley to assist with the assessment of the proposal (see “Dogshear Point and Cadbury Peninsula, urban design considerations to assist development appraisal”, Leigh Woolley, 13 June 2012 in Attachments). As a result, PLS43A-11/01 created SCHEDULE 11 - Claremont Peninsula Specific Area Plan (CPSAP). The CPSAP created a series of precincts together with development and use provisions for those precincts. Relevantly, the Residential Precinct (RES – P) provided for a residential development where the development was to be in accordance with specific architectural plans by Bullock Consulting. During the planning scheme amendment approval process, the applicant was repeatedly advised that limiting development standards to specific architectural plans would result in having to undertake a further planning scheme amendment in the event that a developer wanted to make changes to the design. As foreshadowed, a new design is now likely and the applicant is seeking to amend the planning scheme accordingly. To prevent a recurrence of the same problem, Council staff, assisted by Leigh Woolley, negotiated with the applicant to create a comprehensive set of standards that would not predetermine a particular design outcome, but would achieve the objectives addressed during the original planning scheme amendment proposal PLS43A-11/001 required the construction and maintenance of a foreshore path that provided for public access from Bourneville Avenue through the commercial precinct to the foreshore and then along the foreshore through and to the eastern boundary of the residential precinct. Subdivision permit PLN-13-081 subdivided 109 Cadbury Road such that the boundaries between the commercial, residential and golf precincts more or less coincide with precinct boundaries as defined by the CPSAP. Additionally, subdivision permit PLN-13-081 required the owner to enter into a Part 5 Agreement that would ensure that any board walk would be constructed in a proper and safe manner and maintain that boardwalk in accordance with a management plan to the satisfaction of the planning authority. Whilst the terminology used in the permit changed, the foreshore path and the boardwalk refer to the same footway. At the time of writing this report, the Council had sealed the new titles, the Part 5 Agreement was registered, but new titles had not yet been issued. EXTERNAL REFERRALS: TasWater The proposed amendment was referred to Tas Water. They do not object to the proposal as the proposed amendment can be provided for within the existing infrastructure. 73 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Aboriginal Heritage Tasmania PLS43A-11/01 was referred to AHT. They advised that: ‘AHT have reviewed the report and note that no sites of Aboriginal significance were recorded in the area. Therefore at this stage, AHT have no issue with this project proceeding. (email 9 November 2011)’ The current proposal relates to the same site as such it was considered unnecessary to refer the current application. Crown Land Services The proposed amendment was referred to Crown Land Services. No reply was received. INTERNAL REFERRALS:Heritage Officer Three key aspects were assessed from the heritage perspective: - - The potential for negative heritage impacts to the Golf Club, clubhouse and setting arising from future development in the adjacent Residential Precinct, The potential for negative heritage impacts to the Golf Club, clubhouse and setting arising from the provision of access within and through the Commercial Precinct, and; The potential for negative heritage impacts to the Golf Club, clubhouse and setting arising from the provision of access through the Golf Course Precinct. The findings of the Heritage Officer’s assessment indicate that adequate standards, objectives and performance criteria have been included in the wording of the proposed draft amendment to allow for future development in a manner that is responsive to heritage considerations. Development within the Residential Precinct is subject to design and traffic management principles cognisant of the surrounding character including the topography of the peninsula with an emphasis on building ‘in the round’ and in limiting regular overspill of carparking. The heritage provisions in either the existing Planning Scheme or the Heritage Code in the Draft Interim Planning Scheme are the standards against which future development proposal/s for access through the Commercial Precinct containing the Golf Club clubhouse will be assessed. Any provision of access through the Golf Course Precinct will be controlled by Access Development Standards that will prompt active consideration of the key attributes of the Golf Club clubhouse including the importance of maintaining the relationship between the clubhouse and the golf course, and views to and from the building. 74 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The heritage provisions in the existing Planning Scheme or the Heritage Code in the Draft Interim Planning Scheme will also apply to all the land corresponding to 109 Cadbury Rd until such time as the Title for the sub-divided Lot containing the Golf Club clubhouse is issued. Full detail of the Heritage Officer’s referral is available upon request. Traffic Engineer Proposal U It should be noted that the previously approved application (PLS43A-11/001 2011) was in relation to the development of 77 residential apartments at 109 Cadbury Road and 1 Bournville Crescent, Claremont. The application was supported by a Traffic Impact Assessment (TIA) prepared by Midson Traffic (dated May 2014). Traffic Generation U The TIA associated with the previously approved application recognised that the proposed residential development (i.e. 25 two-bedroom units and 52 three-bedroom units) would generate approximately 425 vehicle trips per day which was not expected to have any detrimental impact on the surrounding road network. In addition, the acceptable solution A1 in relation the Clause S11.11.4 (f) of the proposed amendment states that: “A1 The development must be consistent with an expected traffic generation of not more than 425 vehicle movements per day.” The proposed performance criteria associated with the above acceptable solution also states that: “P1 Traffic generated by the use within the precinct must be such that can be accommodated without detrimental impact on the safety or efficiency of the road network.” Since the proposed amendment does not intend to increase the traffic generation associated with the residential area from the previously approved application, I do not have any objection to the proposed amendment. Parking U Based on the Clause S11.11.4 (f) of the proposed amendment, the acceptable solution A2 in relation to the required car parking spaces indicates that: “A2 Parking spaces must be provided at the following minimum rate: a) 1.5 spaces per 1 or 2 bedroom dwelling or serviced apartment; 75 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda b) 2 spaces per dwelling, or serviced apartment, with more than 2 bedrooms; c) 20% of all spaces must be available as visitor spaces in shared parking areas.” It should be noted that the NSW Guide to Traffic Generating Developments indicates that the recommended minimum number of off-street, resident parking spaces for medium density residential flat buildings is 1 space for each unit, plus an additional 1 space per each 5×2 bedroom unit or part thereof, while an additional 1 space per 2×3 or more bedroom unit or part thereof is recommended. The Guide also recommends an additional one space per each five units for visitor parking or part thereof. As the proposed development standard exceeds the recommended minimum parking spaces of the NSW Guide to Traffic Generating Developments, I concur that the parking provision is considered sufficient. In terms of accessible parking, it should be noted that the Parking and Access schedule in the Glenorchy Planning Scheme 1992 includes a standard requiring the provision of accessible parking spaces. As a result, any application made under the current scheme would require compliance with that standard. In addition, in line with regional drafting guideline 3 (which states the planning schemes should not purport to bring into force the other laws or regulations), the Parking and Access Code in the Glenorchy Draft Interim Planning Scheme 2014 does not include a standard that requires the provision of accessible parking spaces. Consequently, to be consistent with the regional approach, it is considered inappropriate to include a standard in this SAP requiring the provision of accessible parking spaces. It is noted, however, that whilst the BCA requires a specific number of accessible parking spaces, it does not consider the location of such spaces. Conclusion U Based on the above points, as the proposed amendment of the development standards is not expected to result in any future detrimental impacts on the surrounding road network in terms of traffic efficiency or road safety, I have no objection to the development on traffic engineering or road safety grounds. Development Engineer Traffic, Access & Parking Access to the site is available from Bournville Crescent and right of way over the Cadbury Golf Course Club house lot. The standard of access through the commercial precinct is to be in accordance with the Austroads design guidelines. The standard includes provision of footway standard through the commercial precinct connecting to the residential precinct. 76 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda This footway connection may be temporary in the sense that it may proceed the development of the commercial precinct, however the permanent connection must be integrated with the future commercial development. The vehicular access width standards within the residential precinct have been determined in accordance with the requirements of service vehicles (waste management) and Emergency Services (Tas Fire, etc.). The parking standards are generally in accordance with the requirements of the current planning scheme with 1.5 spaces per 1 or 2 bedroom dwelling or serviced apartment and 2 spaces per dwelling or serviced apartment with more than 2 bedrooms. The standard also requires that 30% of all spaces must be dedicated as visitor spaces in shared parking areas. As an alternative the applicant proposed that 1 visitor space for every 4 dwellings be provided in separate parking areas. This has not been included in the development standard as it is considered in excess of the minimum requirements. The applicant can provide additional parking as part of a future development application if considered necessary. The footway standard within the residential precinct is in accordance with the Local Government Association Tasmania standard and applies for pedestrian ways integrated with vehicular access and pedestrian connection between buildings. GCC Services (Stormwater) There are no GCC stormwater mains affected by this application. The development standards include the use of water sensitive urban design principles. Other Geoscience issues There are no geotechnical issues identified through Council records that affect this development. Flooding/Inundation issues The site is located on the River Derwent and areas directly adjacent to the river may be subject to future sea level rise. The Inundation Prone Areas Level in a 1 in 100 year ARI event in the year 2100 is detailed in the following publication; Version 1, 2014 – M.J.Lacey, J.R.Hunter and R.E.Mount (2012). Coastal Inundation Mapping for Tasmania - Stage 2. Report to the DPAC by the Blue Wren Group, School of Geog and Enviro Studies, UTAS, Antarctic Climate and Ecosystems Cooperative Research. Environmental Health The Environmental Health issues associated with amendment include noise from the nearby Cadbury’s site, setback distances to the existing wastewater re-use scheme, and potential soil contamination. The noise issue is proposed to be addressed through a development standard which ensures that the residential development is constructed to a standard that provides suitable noise attenuation from neighbouring uses. 77 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda A further development standard on attenuation distances from wastewater re-use programs is also proposed to ensure that there are minimum setback distances are achieved. These distances should ensure that the re-use program does not cause environmental harm and/or a risk to public health. Finally the application was assessed for potential soil contamination issues where it was concluded that there is no evidence to suggest the area is contaminated, and further investigations were not considered necessary. Natural Areas Co-ordinator Natural Values Vegetation on the peninsula comprises mature vegetation of exotic and native species. This is often more dense along foreshore edges and the higher contours of the land. The trees around the Cadbury Factory are visually significant having been planted at the time of the construction of the factory. There are no threatened flora or fauna values on this site according to ECOtas (2011). Further there are no threatened vegetation communities or native vegetation communities documented on the site in accordance with TASVEG 3.0. I agree with ECOtas (2011) that there is potential foraging habitat for the endangered swift parrot (Lathamus discolour) to occur on the overall peninsula area in the form of mature blue gums (Eucalyptus globulus), however the likely disturbance footprint from future development does not support either breeding or foraging habitat of the species. Due to the localised food source ECOtas (2011) point out that there is likely to be individuals or flocks of swift parrots flying around the development, especially during spring and summer. The increased risk of “bird strike” in the area is difficult to estimate (there are already numerous buildings in the area), however some mitigation measures should be applied to minimise the risk of “bird strike”. Weeds Several species of “declared” and “environmental” weed species occur on the site which will require ongoing management to prevent the spread and to eradicate. Recreation Access Informal pedestrian access around and to Dogshear Point has occurred historically and still occurs today. Council have formalised access routes to the Cadbury precinct encouraging walking groups and individuals to both walk and ride to and from the area. Any development that occurs on this site must consider the movement of residents around the peninsula and connecting with other formal access routes in the area. 78 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda MITIGATION MEASURES U Fencing: Fences must not be constructed using chain wire or similar construction, where such fencing is required during construction; it must be covered with a non-transparent mesh or similar. Landscaping: Must protect, complement and enhance the natural values of the site and adjoining foreshore area. Must accurately define the boundaries of the precincts. Vegetation Management Plan to be submitted prior to construction which considers: o Weed Management and weed hygiene o Landscaping Development must include landscaping of all footways, car parks, other vehicular access areas, publicly accessible, private and shared spaces and must satisfy all of the following: o the definition of publicly accessible, shared and private spaces; o measures which limit opportunities for crime or antisocial behaviour; o planting within 20 m of the foreshore must use locally endemic species; o not include the planting of Eucalyptus globulus and Eucalyptus ovata species o Provide for weed removal. Recreation Access & Foreshore Land Ensure appropriate development setbacks from the foreshore. Maintain and enhance the foreshore area. Construct and maintain a publicly accessible pedestrian footway along the foreshore from the west boundary to the north-east boundary of the precinct; which is to be designed and constructed to comply with all of the following: (i) AS 2156.1-2001, Table 1, Class 1; (ii) minimum width of 2 m; (iii) IPWEA Tasmanian Standard Drawing TSD-R11 –v 1. Where possible construct access tracks from local natural material to reduce maintenance. Waste Management Waste Services have indicated that it could provide the collection of residential household waste and recycling from a future development, however this will be dependent upon the design. 79 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda When the Development Application and final design is received by Council’s Planning Section, Waste Services will then assess the type of waste and recycling service to the proposed unit development. The design of the residential development must show a turnaround area to ensure the continuous forward movement of the collection vehicles. For a waste service to be provided to a proposed private residential development an Indemnity must be provided to Council prior to the waste services being provided, to enable Council’s Waste Service collection vehicles to enter the private property to enable the collection of waste and recycling. An Indemnity must also be in place prior to the waste services being provided, from the owners of the private land with which the collection vehicles need to pass through to enter any future proposed residential development. STATUTORY REQUIREMENTS: Matters for consideration under the Land Use Planning and Approvals Act 1993 (LUPAA) Section 33(2B) of LUPAA requires that: Before making a decision as to whether or not to initiate an amendment of the planning scheme, the planning authority must consider: whether the requested amendment is consistent with the requirements of section 32; i.e. Must seek to further the objectives set out in Schedule 1. Must be prepared in accordance with State Policies. May make any provision which relates to the use, development, protection or conservation of land. Must have regard to the safety requirements set out in the standards prescribed under the Gas Pipelines Act 2000. 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. Must have regard to the impact that the use and development permissible under the amendment will have on use and development of the region as an entity in environmental, economic and social terms. The advice of a person with the necessary qualifications and experience (section 65 of the Local Government Act 1993). 80 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda ASSESSMENT OF AMENDMENT REQUEST Planning Assessment: A planning assessment of the merits of the proposed amendment is provided below. Consistency with the Objectives of Schedule 1 of LUPAA The “Part 1” objectives of the resource management and planning system of Tasmania are – (a) to promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity; Planner’s Comment: The site area has been largely modified from its natural state with the Golf Club having been in occupation for a number of years since the 1920s. The proposed standards should ensure removal of weeds and the re-establishment of coastal vegetation. (b) to provide for the fair, orderly and sustainable use and development of air, land and water; Planner’s Comment: The protection of the viability of the industrially zoned land and the extension of residential activities with the location of the nearby factory have been considered. Information submitted with PLS43A-11/01 included a noise assessment which confirmed where the Cadbury activities took place on the site and confirmed the existing noise monitoring regime currently undertaken by the Cadbury Factory. The conclusions of the submitted noise report included : ‘Although noise monitoring showed a potential night time breach of 1dBA at site 16 it is reasonable to assume that noise at the proposed golf course development site would be below acceptable levels (based on the current Cadburys EPN) given the additional distance from the factory. ‘ Given the multi storey nature of the (previous) development and following discussions with the applicant and Council’s Environmental Health Officer at the time it was considered reasonable to deal with the issue through permit conditions which would allow for a detailed noise assessment to inform the construction standard of the building. The proposed amendment does not prescribe a particular building form but, Council’s Environmental Health Officer has reviewed the proposal and agreed that the current proposed noise attenuation standard would be adequate to ensure ongoing viability of the industrially zoned land. 81 Monday, 25th August 2014 (c) Glenorchy Planning Authority Meeting Agenda to encourage public involvement in resource management and planning; Planner’s Comment The draft amendment, if initiated, would be publicly notified for three weeks and be subject to the representation rights and public hearing processes set out in the Land Use Planning and Approvals Act 1993. (d) to facilitate economic development in accordance with the objectives set out in paragraphs (a), (b) and (c); HU UH HU UH HU UH Planner’s Comment If the current amendment was approved it would facilitate the economic development of the area through the creation of a more flexible SAP which would enable the development application process to consider a greater range of design options for the residential precinct. (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; Planner’s Comment The consultation and subsequent hearing process put in place a way for the community to be heard in relation to the proposals. Any issue that has relevance for the community or industry can be raised through this process. (a) to require sound strategic planning and co-ordinated action by State and local government; Planner’s Comment The consistency with Council strategies including the Glenorchy Interim Land Use Strategy, State Policies and the Regional Land Use Strategy is discussed in more detail later in this report. (b) to establish a system of planning instruments to be the principal way of setting objectives, policies and controls for the use, development and protection of land; Planner’s Comment The proposed amendment to the current scheme will provide more comprehensive standards that will better facilitate development of the Residential Precinct in line with the objectives of the land. 82 Monday, 25th August 2014 (c) Glenorchy Planning Authority Meeting Agenda to ensure that the effects on the environment are considered and provide for explicit consideration of social and economic effects when decisions are made about the use and development of land; Planner’s Comment The land has for many years been used as a Golf Club and is largely modified from its natural state. Standards are proposed to ensure weed management and replanting of endemic vegetation along the foreshore. In terms of social and economic effects it is considered that the proposal adequately addresses these as the proposal seeks to ensure that alternative forms of development can be considered without requiring the applicant to seek another planning scheme amendment. At the same time, it is considered that the long term viability of the recreational needs of both nearby residents and the wider community remain secured. (d) to require land use and development planning and policy to be easily integrated with environmental, social, economic, conservation and resource management policies at State, regional and municipal levels; Planner’s Comment The proposal has been developed to set provisions for land use and development within the broader sustainable development policy regime. (e) to provide for the consolidation of approvals for land use or development and related matters, and to co-ordinate planning approvals with related approvals; Planner’s Comment The proposed amendment fits into the structure of the Glenorchy Planning Scheme 1992, and would easily be able to be converted to fit in the structure of the Draft Glenorchy Interim Planning Scheme 2014. The planning control regime is therefore not being altered and effective coordination of planning approvals with other related approvals and considerations would not be adversely affected. (f) to secure a pleasant, efficient and safe working, living and recreational environment for all Tasmanians and visitors to Tasmania; Planner’s Comment The aim of the proposal is to continue to provide for residential facilities and to continue to ensure that a recreational area along the foreshore will be enhanced as and when the precinct is developed, but to do so in a manner that would not require planning scheme amendments as and when changes to the design of any buildings are proposed. It is therefore considered that the proposal is consistent with this objective. 83 Monday, 25th August 2014 (g) Glenorchy Planning Authority Meeting Agenda to conserve those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value; Planner’s Comment Council’s Heritage Officer and architect Leigh Woolley (see attachments) confirm that the proposed standards would ensure that any future development would respect the heritage listed golf clubhouse as well as the broader context of the precinct which includes significant heritage values and other matters of cultural or historic significance. It is therefore considered that the proposal is consistent with this objective. (h) to protect public infrastructure and other assets and enable the orderly provision and co-ordination of public utilities and other facilities for the benefit of the community; Planner’s Comment The capability of infrastructure and services has been fully considered through consultation with Council’s Development Engineer, Traffic Engineer and TasWater (see attachments) and is found to be adequate. (i) to provide a planning framework which fully considers land capability. Planner’s Comment The constraints of the site were fully considered as part of the assessment when the CPSAP was created. The proposed changes to standards would not impact on land capability. As such the proposed amendment considered to be consistent with this objective. Consistency with State Policies State Policy on Water Quality Management 1997 The proposed amendment per se would not result in an increase in sediment transport to surface waters. State Policy on the Protection of Agricultural Land 2000. The proposal does not involve the conversion of prime agricultural land to nonagricultural use. The site has been in use as a Golf Club and Bowls Club for many years and is highly modified. State Coastal Policy 1996. The site lies adjacent to the coast, accordingly the State Coastal Policy 1996 is relevant to the amendment. The main principles that guide State Coastal Policy are as follows: Natural and cultural values of the coast should be protected. The coast shall be developed in a sustainable manner. 84 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Integrated management and protection of the coastal zone is shared responsibility. The proposed amendment, together with standard planning scheme provisions, would provide standards that address matters relating to: weed management; re-establishment of locally endemic vegetation within 20 m of high water mark; landscaping of the remainder of the site to ensure that future development would be integrated into the parkland setting of the golf course and the wider peninsula; heritage values; stormwater management. In addition, sites of Aboriginal significance are protected by State legislation. Map E15 Overlay to Inundation Prone Areas Code in the Glenorchy Draft Interim Planning Scheme 2014 shows that coastal inundation hazard areas are restricted to be within the 20 m wide publicly accessible and would not impact on the area proposed to be able to be developed for residential purposes. Map E16 Overlay to Coastal Erosion Hazard Code in the Glenorchy Draft Interim Planning Scheme 2014 shows that part of the residential precinct would be located in a “Coastal erosion investigation area”. Discussions with Luke Roberts of the Department of Premier and Cabinet indicates that the hatched area is an “artefact” (mapping inaccuracy) and can be ignored for the purpose of considering development on the site. The mapping inaccuracy is a matter that needs to be separately addressed with the Commission. As such, it is considered that the proposed amendment would be consistent with the State Coastal Policy 1996. Gas Pipelines Act 2000 The site is not located in the vicinity of the gas secondary distributor pipeline. Potential for Land Use Conflict with Adjacent Planning Scheme Areas The site is not located in the vicinity of any adjacent planning scheme area. Impact of Permissible Use and Development on the Region Southern Tasmania Regional Land Use Strategy 2010-2035 The Regional Strategy was recently declared by the Minister for Planning under s. 30C of LUPAA. While the Act requires only an interim planning scheme to be consistent with the regional strategy, planning scheme amendments are required to be prepared having regard to the region as an entity in social, environmental and economic terms. The Regional Strategy is the best available expression of that regional interest. 85 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Performance of the proposal against the relevant policies of the Southern Tasmania Regional Land Use Strategy 2010 to 2035 has therefore been considered. Regional Policy WR2 Manage wetlands and waterways for their water quality, scenic, biodiversity, tourism and recreational values. WR2.2 Provide public access along waterways via tracks and trails where land tenure allows, where there is management capacity and where impacts on biodiversity, native vegetation and geology can be kept to acceptable levels. Comment The CPSAP provides for development in a waterfront location. The existing site includes areas of fill and environmental weeds along the foreshore. Proposed standards would ensure: construction of a publicly accessible footway along the foreshore; revegetation and weed management along the foreshore. Construction and ongoing management of public access to and along the foreshore. MRH4 Protect land and groundwater from site contamination and require progressive remediation of contaminated land where a risk to the environment or human health exists. CV1 Recognise, retain and protect Aboriginal heritage values within the region for their character, culture, sense of place, contribution to our understanding history and contribution to the region’s competitive advantage. CV2 Recognise, retain and protect historic cultural heritage values within the region for their character, culture, sense of place, contribution to our understanding history and contribution to the region’s competitive advantage. Information submitted following the issue of permit PLS43A-11/001 indicated that the site is very unlikely to contain any contamination. Investigations by an archaeological consultant undertaken in support of PLS 43A-11/001 indicated that the site is heavily modified and that the presence of artefacts is unlikely. Having said that, sites of Aboriginal significance are protected by State legislation in any event. Investigations by an archaeological consultant undertaken in support of PLS 43A-11/001 indicated that that extensive areas of fill on the site have obliterated traces of the WW1 army camp. The golf clubhouse is listed in Schedule 5 of the Glenorchy Planning Scheme 1992 and proposed to be listed in the Glenorchy Draft Interim Planning Scheme 2014. The golf club house has been nominated ( but not yet listed) in the Tasmanian Heritage Register levels for its architectural merit and other contexts. In addition to the application of heritage provisions in the current and proposed planning schemes, development standards are proposed to ensure that future development on this site will respect both the golf clubhouse as well as the heritage values of the Cadbury factory and the Bourneville estate. 86 Monday, 25th August 2014 Regional Policy CV4 Recognise and manage significant cultural landscapes throughout the region to protect their key values. CV4.2 Ensure the key values of regionally significant landscapes are not significantly compromised by new development through appropriate provisions in planning schemes. ROS1 Plan for an integrated open space and recreation system that responds to existing and emerging needs in the community and contributes to social inclusion, community connectivity, community health and wellbeing, amenity, environmental sustainability and the economy. SI1.8 Provide for the aged to continue living within their communities and with their families, for as long as possible by providing appropriate options and flexibility within planning schemes. LUTI1.11 Encourage walking and cycling as alternative modes of transport through the provision of suitable infrastructure and developing safe, attractive and convenient walking and cycling environments. T1.1 Protect and enhance authentic and distinctive local features and landscapes throughout the region. T1.2 Identify and protect regional landscapes, which contribute to the region’s sense of place, through planning schemes. IA2 Protect and manage existing strategically located export orientated industries. Glenorchy Planning Authority Meeting Agenda Comment Dogshear Point is an important landscape element in the Derwent Estuary. It forms a “bookend” to the open expanse of Elwick Bay to the south. Despite its relatively low profile, it can be viewed from the well-visited areas of Moorilla Estate/MONA and Wilkinsons Point – and of course from the more elevated parts of Glenorchy and beyond. As such, it is considered that there is a public benefit in maintaining Dogshear Point primarily as a landscaped feature. The proposed standards would ensure that the development within the Residential Precinct would be viewed as a development located in a parkland setting and viewed in the round. Whilst the Claremont Golf Course is 1 of 2 golf courses in Glenorchy. It is the only 18 hole golf course in the City. It would be categorised as a locally-significant recreational facility. The proposed amendments to standards would ensure that development within this precinct would not fetter the use of this recreational facility. The proposed amendments to standards would provide for a housing development located in a parkland setting where individual dwellings rely largely on shared open space for their open space requirements. While not earmarked as housing for the elderly, the development would offer an alternative accommodation choice to the traditional single dwelling or unit development. The proposed standards will ensure the construction pedestrian access from Bourneville Crescent to and along the foreshore in, the residential precinct. Given the important landscape context, Council has engaged a design expert to assist with determining requirements for design standards to ensure that proposed standards would deliver a landmark development suitable for the site. The Cadbury factory adjoins the land and the CPSAP locates residential land uses in reasonable proximity. The existing provisions include a noise attenuation standard to ensure that residential development is constructed to a standard that provides suitable noise attenuation from neighbouring uses. 87 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Regional Policy SRD2 Manage residential growth for Greater Hobart on a whole of settlement basis and in a manner that balances the need for greater sustainability, housing choice and affordability. Comment The proposed changes to standards enable consideration of alternative design solutions yet continue to ensure the delivery of an alternative form of housing, thus providing greater housing choice in the municipality. Consistency with the Glenorchy City Council Interim Land Use Planning Strategy This Strategy was formally adopted by Council on 13th September 2010 after a period of public consultation. Its general purpose is to provide the local strategic framework to guide the development of Council’s new planning scheme. The following comments are made about the performance of the proposal against the relevant elements of the Glenorchy City Council Interim Land Use Planning Strategy. Local Strategy 4.1.4(d) Promote housing choice by encouraging a range of housing types to meet the needs of an ageing community. Comment The proposed changes to standards will continue to provide a form of accommodation which is “underrepresented” within the City, particularly given Glenorchy’s ageing population profile. The proposed standards would ensure the construction and ongoing maintenance of a publicly accessible footway along the foreshore of the subject site. 4.2.4(b) Implement the recommendations of the City of Glenorchy Recreation Plan 20082013 within the planning scheme. Specific actions under the Recreation Plan include: 19 to secure access to strategically important corridors for recreation (such as the River foreshore, creek corridors and Wellington Park) 20 Prepare the long term vision for the River Derwent foreshore as a public asset. 4.2.4(c) Encourage the use and development of public and private land for recreational use. 4.2.4(f) Enhance the community’s benefit from open spaces by protecting their environmental, landscape, heritage and recreational values. 4.3.6(a) Protect the amenity of the City’s community through the appropriate application of land use zones and welldrafted and comprehensive use and development standards. 88 Proposed standards should ensure that development in the residential precinct will not compromise the use of the golf precinct as a golf course. The proposed building envelope and design standards have been developed in consultation with Council staff and architect Leigh Woolley acting for Council to ensure that proposed standards will result in a landmark development that protects the landscape, heritage and recreational values of this special site. See comments on drafting of standards throughout this report. Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Local Strategy 5.3.4(b) Maintain planning provisions which protect natural values in the City’s treed hills, riparian areas and the River Derwent foreshore. 5.5.4(a) Protect the City’s heritage places and precincts including places of significance to the Aboriginal community. 6.2.7(d) Minimise land use conflict in order to protect industry viability and the safety and amenity of sensitive land uses. 6.3.5(b) Adopt planning provisions which encourage tourism accommodation and experience, where appropriate. 6.3.5(c) Enrich the City as a tourist attraction by value adding to the City’s heritage and natural assets. Comment Proposed development standards would minimise impact on swift parrots, provide for weed removal and revegetation with endemic species along the foreshore of the Residential Precinct. Information provided with PLS43A-11/001 indicated that while some TASI places are identified elsewhere on Dogshear Point, the aboriginal heritage consultant notes that the site itself is heavily modified with 1 to 5m of fill and the presence of artefacts is unlikely. The existing CPSAP includes a noise attenuation standard which is proposed to remain. The proposed amendment would continue to provide for possible use of dwellings as visitor accommodation. See 4.2.4(b)&(f) and 6.3.5(b) above. The development of dwellings that rely on shared and public spaces for their open space requirements is a form of accommodation which is under represented in the City and therefore would fill a need for an alternative accommodation. The acknowledgement of the peninsula as an important landscape feature is recognised by the proposal providing extensive design standards to mitigate any visual impact. It is considered that the proposed use and development is generally consistent with the Glenorchy Interim Land Use Planning Strategy. Consistency with the Glenorchy Planning Scheme 1992 (Criteria as set out in Tasmanian Planning Commission Advisory Note Planning Advisory Note, Assessment of a Draft Amendment to a Planning Scheme under s. 32, July 2004). U U Is the proposed amendment clear and concise and will it achieve its intended purpose? The existing CPSAP is based on a precinct plan comprised of precincts which provide future development areas (residential, commercial and recreational). Included in the purpose of each precinct is to provide guidance on the character and form of development in each precinct. The current SAP provides for residential development in the form of a very concise standard that requires compliance with a set of plans and a planning permit. Whilst that is a concise standard, it is too restrictive to enable development of the site because it locks in a single design as the only solution for development on the site. The proposed standards, which are clear, but less concise, should achieve the outcomes envisaged in the original development plan without specifying a specific design solution. 89 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda Signage and other specific provisions would not be dealt with by the SAP which will mean that in relation to those types of matters, future development would be assessed against the common provisions of the Scheme. Is the proposed amendment consistent with the strategy, intent and all relevant objectives and provisions of the planning scheme? The underlying Open Space zone would be retained and the proposed Special Area Plan provisions would continue to override the existing provision of the zone as is the case now. However, it is appropriate to consider the existing Open Space provisions to ensure the outcomes in the SAP are appropriate. The aims and objectives of the Open Space zone are: (a) to encourage use and Development of public and private land for recreational use; (b) to set aside areas that are required for public recreation use and development in the future; (c) to protect the scenic and environmental values of open space areas; (d) to provide for safe and convenient access to open space areas; (e) to provide facilities for a range of leisure activities; (f) to act as a buffer between potentially conflicting uses and Development; (g) to encourage public involvement in the development of land for recreational use; and (h) to provide for the safety and security of recreational users and minimise the potential for crime and vandalism. The aims and objectives of the siting, setbacks and building height provisions of the Open Space zone are as follows: The aim of these provisions is to ensure that use and Development will have a minimal impact on the landscape and other land uses. The objectives to satisfy this aim are: (a) to retain the rural character of the area and protect the natural skyline; (b) to minimise the impact of uses and Development on adjoining uses; (c) to restrict the use and Development of land which is flood prone, subject to high bush fire risk or affected by other environmental or physical hazards; (d) to protect Watercourses and the natural landscape; and (e) to maximise opportunities for natural surveillance. Council has long stated that the Claremont Peninsula is an important landscape element in the Derwent Estuary and the regional landscape and it forms a ‘bookend’ to the open expanse of Elwick Bay to the south. It is considered that there is clear public benefit in maintaining the peninsula as primarily a landscape feature. 90 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda As such, design standards need to ensure that any development in the residential precinct will: be designed in the round and set in a parkland setting, ensure that the most visually dominant building forms on the peninsula remain the Cadbury buildings. By providing a building envelope and the proposed design standards, instead of an approved design, this would still be achieved. Furthermore, the proposed standards would continue to ensure safe public access to the foreshore of the commercial and residential precincts. What is the effect of the proposed amendment on the status of use and development? The CPSAP essentially provides for the long term retention of the Claremont Golf and Bowls Clubs while allowing for residential and commercial development where it would support and not conflict with the ongoing recreational use of the land. As such, the underlying Open Space zone would be retained and the CPSAP provisions would continue to override the existing provisions of the zone. In respect of the use and development of the golf and residential precincts, the following is a comparison of use and development status of the land before and after the proposed amendment: Use and Development within the Golf Course Precinct (Golf-P): Permitted Use Class Existing Qualification Sports and recreation For Proposed Qualification a golf course, discretionary. otherwise Only if for golf course Discretionary Passive recreation Sports and recreation For an outdoor recreation facility. Except if permitted Only if an outdoor recreation facility. All other use classes For emergency access. Only if for access. Prohibited All other uses Use and Development within the Residential Precinct: Permitted Use Class Existing Qualification Residential For other dwelling. than a 91 Proposed Qualification single Except if single dwelling. Monday, 25th August 2014 Visitor accommodation Glenorchy Planning Authority Meeting Agenda For serviced apartments only, where the number of serviced apartments does not exceed 10% of the number of residential apartments on the site, otherwise discretionary. Only if for serviced apartments, where the number of serviced apartments does not exceed 10% of the number of residential apartments dwellings in the precinct. For serviced apartments only, where the number of serviced apartments exceeds 10% of the number of residential apartments on the site. Except if permitted Discretionary Sports and recreation Visitor accommodation Only if for serviced apartments where the number of serviced apartments exceeds 10% of the number of dwellings in the precinct. Prohibited All other uses Effectively, most of the amendments relate to changes in form of expression to bring the expression of qualifications in line with the expressions used in the Glenorchy Draft Planning Scheme 2014. The only material difference is a change in status for ‘all other uses’ in the Golf Precinct, where it is proposed to make all ‘access’ discretionary, no longer limiting the qualification to ‘emergency access’ only. To ensure that this change would not result in fettering of the use of the golf course, additional design standards have been proposed. The existing SAP includes the following standard for residential development: 92 Monday, 25th August 2014 S11.10.4 Glenorchy Planning Authority Meeting Agenda Development standards (a) Height and setback Objective: To provide for multi storey development which is designed to sit appropriately within the landscape setting of the peninsula and surrounding golf course with a design that: a) integrates the scale and form of development with the landform and adjacent established residential settlement pattern, and b) protects the foreshore area from development which would impact upon its character or prevent pedestrian access or enhancement of the amenity for users. Acceptable Solution Performance Criteria A1 Development is to be in accordance P1 Building additions (except with architectural plans by Bullock additions in building height) and Consulting Drawing Ref. AP00 -– internal alterations to the AP21 dated 6 June 2012 and Permit architectural plans by Bullock PLS43A-11/001, approved on Consulting Drawing Ref. AP00 -– 30 January 2013. AP21 dated 6 June 2012 and Permit PLS43A-11/001, approved on 30 January 2013, are compatible with the character and amenity of the site, taking into account: a) the particular shape, contours or slope of the subject land, or of adjoining land; b) the adjoining residential development; c) the impacts on the peninsula and foreshore; and d) a diversity of building scale and mass reducing with individual elements of buildings reading as 2 to 3 storeys and the architectural language seeking to reduce the perception of height. Whilst this standard purports to manage, height and setback only, it effectively manages a whole range of matters, including design considerations as well as the provision of a public footway along the foreshore, landscaping and weed control, access standards etcetera. As such, any changes to the standards need to address all of the matters contemplated by the original standard. This was achieved by reviewing both the approved plans and the conditions on permit Permit PLS43A11/001, approved on 30 January 2013 and included consideration of the following: 93 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda The existing plans provided for primary access through the commercial precinct and emergency access only through the golf course precinct. Because those accesses could be changed with any changed development proposal within the residential precinct, standards in those precincts also needed to be reviewed. The applicant proposed to make Residential use, if for services, access or visitor parking, a permitted use in the Commercial Precinct and provide standards for the design of any such visitor parking. The change of status that would provide for visitor parking is considered inappropriate, given the potential to fetter opportunities for commercial use and development in the Commercial Precinct. The change of status that would provide for services is considered unnecessary. The current CPSAP effectively fixes the location of the access through the commercial precinct. The title sealed subsequent to the subdivision permit shows a right of way in favour of the Residential Precinct in a location different to that shown on the CPSAP. Preliminary discussions with the developer appeared to contemplate a different location for the access again. As such it is considered necessary to include an additional standard that would enable assessment of the location and design of any access. In addition to the matters considered for access within the residential precinct, any such standard needs to consider impact on the heritage values of the site as well as the impact on the potential to develop the commercial precinct in accordance with its objectives. The applicant proposed to make the use of the golf course for residential purposes a permitted use if it was for access only. In addition, they proposed to provide an acceptable solution for the design of any such access. These changes are not considered to be appropriate given the potential encroachment within the golf precinct as well as the complexity of matters that would need to be considered in assessing the impact from an access through the Golf Precinct. Accordingly, it is recommended that the amendment provides that: any access for ‘all other use’ classes remains discretionary and a standard be provided with no acceptable solution and comprehensive performance criterion. The original proposal provided that the treated waste water storage dam was to be decommissioned. This matter was able to be considered under general provisions in the Glenorchy Planning Scheme 1992. The Glenorchy Draft Interim Planning Scheme 2014 includes an attenuation code, but the code is silent on attenuation distances to storage dams. To provide surety for developers, it is proposed to include a specific standard as part of the SAP that is in line with the standard proposed in the attenuation code, but with the inclusion of a new standard setting a setback distance to the storage dam. It is envisaged that if the Tasmania Planning Commission is willing to contemplate an amendment to the attenuation code by including the setback to a storage dam that this standard would then be deleted from this SAP. The planning permit PLS43A-11/001 was assessed at the parking rate applicable under the Glenorchy Planning Scheme 1992. The Glenorchy Draft Interim Planning Scheme 2014 proposes a different method for calculating car parking. 94 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda To ensure that any developer who is already designing a proposal for the site will not be penalized by amended parking requirements halfway through a project, it is considered appropriate to fix the parking requirement as part of this amendment. To provide surety about the number of spaces that are to be provided for visitors, it is proposed to include a requirement that 30% of the required spaces be provided as visitors spaces. It is noted that this requirement would not prevent allocation of additional private spaces should the developer deem those necessary. The applicant preferred a requirement that a minimum of one additional visitor space be provided for every four dwellings. This would in fact increase the number of parking spaces required for the use and the developer proposed that in the event that such spaces could not be provided within the residential precinct, visitor parking be permitted in the commercial precinct. This concept can’t be supported as it would result in a material change to the development potential within the commercial precinct as outlined above. What is the effect of the proposed amendment on any specific land and adjacent land. The proposed amendment should not result in adverse impacts on adjoining land. THE PROCESS FROM HERE: Draft amendments to the Glenorchy Planning Scheme 1992, once initiated by the Planning Authority, require public notification in accordance with the requirements of the Land Use Planning and Approvals Act 1993 – which includes advertising in The Mercury on two occasions, one of which is to be on a Saturday and letters to adjoining owners and occupiers of land – where the proposed amendment is site specific. Any representations received would be reported to a future meeting of the Glenorchy Planning Authority for consideration, as the Planning Authority is required to report to the Tasmanian Planning Commission as to the public notification outcomes and any recommendations leading out of them. If no representations are received, the senior planning staff have delegation to forward a report to that effect to the Commission. The Commission would then assess and decide upon the draft amendment and planning permit application, after taking into account the outcomes of any hearings it may hold. CONCLUSION It is noted that Council had long held the view that the significance of the site in terms of its landscape setting and for that reason required knowing what was to be built on the site before initiating the amendment that created the current CPSAP. However, a restriction limiting development of the residential precinct to a single design proved unviable for the developer and it is considered appropriate that planning provisions should provide for alternative design solutions. 95 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda To ensure a good design outcome it was considered imperative that any amendment to the current provisions must allow for assessment with the same level of rigor as was undertaken during the assessment of application PLS43A-11/001. Extensive negotiations between the applicant and council staff regarding appropriate provisions for design, access, land use conflict and other matters, have resulted in an amendment which can be supported. The agreed standards, with some minor changes, acknowledge and reinforce the peninsula as an important landscape feature and protect the recreational use on the peninsula. For the above reasons, it is assessed that the proposed amendment, subject to changes as indicated in the report and attachments, is consistent with the objectives and other requirements of the Land Use Planning and Approvals Act 1993, the tenor of the Glenorchy Planning Scheme 1992 and is not contrary to any State Policies. 19BRecommendation Recommendation: A. B. That pursuant to Section 33 of the Land Use Planning and Approvals Act 1993, the Planning Authority agree to initiate Amendment PLAM-14/05 to the Glenorchy Planning Scheme 1992, by amending provisions in Schedule 11 of the Glenorchy Planning Scheme 1992 to provide for a suitable alternate form of residential development at 109 Cadbury Road Claremont and 1 Bournville Crescent Claremont, as shown in the Attachments to this report. That having decided to initiate an amendment, and having prepared that amendment, the Planning Authority certifies pursuant to Section 35 of the Land Use Planning and Approvals Act 1993 that the draft amendment meets the requirements specified in Section 32 of the Act. 12BAttachments/Annexures Attachments/Annexures 1 Attachment 1 17 Pages 2 Attachment 2 26 Pages 3 Attachment 3 1 Page 4 Attachment 4 1 Page 5 Attachment 5 1 Page 96 Monday, 25th August 2014 Glenorchy Planning Authority Meeting Agenda CLOSED TO MEMBERS OF THE PUBLIC 13B11. Compliance Report 11. COMPLIANCE REPORT This item is to be considered at a closed meeting of the Glenorchy Planning Authority by authority of the Local Government (Meeting Procedures) Regulations 2005 Section 15(4). 97
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