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
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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.
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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
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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.
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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).
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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).
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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).
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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
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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.
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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
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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:
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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.
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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.
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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
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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.
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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.
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Existing Zoning of the site and surrounds and below the proposed zoning changes:
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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.
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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.
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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.
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(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.
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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.
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(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.
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(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.
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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.
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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.
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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
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(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.
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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).
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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.
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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.
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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
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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.
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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;
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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.
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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
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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:
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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:
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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.
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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.
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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