PART THREE - Latrobe Council

Transcription

Annexure "O"
SUBJECT:
SECTION 43A APPLICATION
PLANNING SCHEME AMENDMENT AND PAINTBALL FACILITY
37 SPEEDWAY DRIVE, LATROBE
AUTHOR:
MANAGER PLANNING SERVICES – SHARON HOLLAND
DATE:
8 DECEMBER 2015
FILE REF:
DA 184/2015
ATTACHMENTS:
DRAFT AMENDMENT 04/15 AND SUPPORTING SUBMISSION
1.
PURPOSE OF REPORT
The purpose of this report is to:
1. Initiate an amendment to the Latrobe Interim Planning Scheme 2013 to:

Rezone land contained in Certificate of Title 162285/1 located at 37
Speedway Drive, Latrobe from General Residential to Particular Zone 2 –
Latrobe Speedway Site;

Amend the Latrobe Plan in regard to the proposed zoning; and

Amend the Latrobe Planning Scheme ordinance through insertion of a site
specific set of standards, for use and development of Certificate of Title
162285/1, as Clause 33.0 into Part D of the Planning Scheme; and
2. Consider an application for a paintball facility at 37 Speedway Drive, Latrobe.
2.
BACKGROUND INFORMATION
Council has been approached by a couple wanting to open a paintball facility in the area.
This is a sport and according to the Tasmanian Police website, it has only recently been
legalised in Tasmania and is licensed under the control of the Tasmanian Police Force. It
is now possible for anyone who wishes to open a paintball business to apply to register as
a paintball operator.
There has been good interest in the prospect of paintball, and several potential paintball
business operators have shown interest around the State.
Strong requirements exist for applicants to operate a licensed paintball range, including
inspections and certifications of the venue.
The applicant has investigated many sites on the north-west coast of Tasmania and has
found the Latrobe Speedway to offer many advantages including a large outdoor area with
existing toilet facilities, change rooms and car parking areas, convenient access to the
Bass Highway and Devonport Airport and buffered from residential use by adjoining
industrial use and areas of native vegetation. There are redundant areas to the east of
the Speedway facilities on the title that the Speedway operators have given permission to
be used for the paintball facility.
3.
SITE LOCALITY AND CHARACTERISTICS
The subject title (CT 162285/1) is located at 37 Speedway Drive, Latrobe and comprises
16.92ha. It is an irregular shaped lot and contains facilities associated with the Latrobe
Speedway. These include the racing track, pits, control building, scoreboard, offices,
kiosk facility, toilets and change rooms, various grandstands within a fenced area and car
parking areas.
It is surrounded by land owned by Crown Land Services that contains bush. This land is
bounded to the north by Shaw Street, which services lots developed for residential use in
a rural setting. The land owned by Crown Land Services is bounded to the west by the
Latrobe Council OPEN Agenda
14th December, 2015
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Henry Street unmade road reservation, to the east by the unmade York Street road
reservation and to the south by the Latrobe Industrial Estate.
Access is off Speedway Drive through the Latrobe Industrial Estate.
A copy of the survey plan for the subject titles is shown in Figure 1.
Figure 1 Survey Plan for CT 162285/1
An aerial view illustrating existing use and developments on the subject title is shown in
Figure 2 and use and development on adjacent land it is shown in Figure 3.
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Figure 2 Aerial View of Subject TItle
Figure 3 Aerial view of Subject Title and Adjacent Land
The subject title is zoned Light Industrial under the Latrobe Interim Planning Scheme 2013
and those adjoining it to the north, east and west are zoned Rural Resource as can be
seen in the zoning map in Figure 3.
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Slope and Drainage
Figure 4 Zoning Map
The subject site is relatively flat. Kings Creek runs just outside the southern boundary of
the title.
Flora and Fauna
An assessment of land owned by Crown Lands in the area identified the dominant native
vegetation around the speedway area to be Eucalyptus ovata forest. The extent of this
community is illustrated in Figure 5.
Figure 5 TasVeg Identification Map - Latrobe Industrial Area
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The Eucalyptus ovata forest is identified by the dark olive green hatching and marked with
the TasVeg classification code DOV.
Eucalyptus ovata forest is classified as a threatened forest type statewide. It is protected
from clearance or conversion under the Forest Practices Act 1985 and Forest Practices
Regulations 2007.
The subject title is mainly cleared of vegetation. It is classified as agricultural, urban and
exotic vegetation (FUM).
A desktop review of the area reveals some sightings of the endangered fauna species,
Engaeus granulatas - Central North Burrowing crayfish and Parameles gunnii – Eastern
Barred Bandicoot. A map identifying these sightings is shown in Figure 6. All are outside
the subject title.
Bushfire Hazard
Figure 6 Location of Sightings of Threatened Species
A bushfire Hazard Risk Assessment by Ian Abernethy of Pitt & Sherry was lodged with the
paintball application detail. This assessment found the site to be a combination of rough
grass, gravel, rock and tracks. Bushfire risk is evident on adjacent land where the
vegetation is classified as forest. Water supply is available within the Speedway complex.
Public access is via a Council maintained road and tracks within the property that are
constructed with either bitumen or compacted gravel.
The site was considered exempt from assessment against the provisions of the Bushfire
Area Code under the Latrobe Interim Planning Scheme 2013.
Land Stability and Geology
The subject site is basically flat and not within any identified landslip area.
Provision of Services
The subject title is an internal lot accessed from a fully constructed Council maintained
road. It has existing connections to TasWater’s reticulated water and sewer mains,
Council’s stormwater network, TasNetworks electricity infrastructure and Telstra’s
telecommunications infrastructure.
Heritage
The site has been significantly modified. It has been used as a Speedway and for
associated events for many years. Combined with its inland location, it is unlikely that any
items of aboriginal cultural heritage are on the site.
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It is noted that should any suspected Aboriginal site be uncovered during the course of
development, work should cease immediately and the Manager of TALSC or an Aboriginal
Heritage Officer be contacted for advice.
There are no buildings or works of cultural significance on the site listed in Local Heritage
Code of the Latrobe Interim Planning Scheme 2013 or on the Tasmanian Heritage
Register.
Site Contamination
The site has been used as a Speedway and for associated events for many years. Table
E6.1 of the Latrobe Interim Planning Scheme 2013 lists activities likely to cause
contamination. A motor racing facility is not listed.
Bass Highway Bypass Corridor
For a number of years Latrobe Council has been faced with uncertainty in regard to the
construction of the proposed Bass Highway bypass. An area was marked on the previous
scheme map identifying the corridor through which the proposed route was planned to
pass. A map showing the location of the proposed bypass corridor is shown in Figure 7.
Figure 7 Map showing location of proposed Bass Highway Bypass Corridor
Council received advice this week from the Department of State Growth (DSG) that they
have finalised investigations to determine the feasibility of upgrading within the existing
Bass Highway corridor to meet future demand. The investigations have confirmed that,
although there are a number of issues to be managed, such an upgrade is possible and
that in line with their policy of maximizing the benefit from existing investment in the road
network, this option would be preferable.
The DSG advice states that the section of the bypass corridor west of Henry Street is
surplus to DSG’s requirement; however the section east of Henry Street could assist in
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improving the transport flow around the industrial estate. The advice flags the benefits of
working with Council on options, both for the short and long term, to ensure the optimum
outcome in terms of safety and efficient land use planning is achieved.
4.
COMPLIANCE WITH STRATEGIC PLAN
Living on the Coast: The Cradle Coast Regional Land Use Strategy 2010 - 2030 is a
statutory planning instrument under the Tasmanian Resource Management and Planning
System. The purpose of the Strategy is to provide a consistent policy foundation for the
regulatory intentions and requirements contained in local planning schemes prepared for
each municipal area.
The proposed amendment and paintball facility directly support many of the identified
strategic outcomes in this document.
Part A is the Cradle Coast Regional Land Use Planning Framework.
Section 3.5 of the Framework discusses employment land and identifies it to be locations
designated for clusters of industry, business, or other economic activity, including but not
limited to manufacturing, processing, transport, storage, business and retail, institutions
and tourism
It goes further to say that a core challenge for supporting economic activity is to ensure
the right land is available in the right location at the right time with the right level of
infrastructure and services and that each industry type has distinct characteristics which
determine land demand, location, relationship and infrastructure requirements.
The Framework supports planning that provides for industry, business and commerce that
is accessible, serviced with an adequate level of infrastructure, safe from natural hazards,
buffered against sensitive land use, and does not compromise natural, cultural and
community values.
Part C is the Cradle Coast Land Use Strategy. Section 3 discusses support for economic
activity. It states that tourism and visitor services and renewable energy generation are
established and evidence emerging strengths; although considerable infrastructure
development and secure access to reliable markets is required. Increasing capacity in
digital communication will assist to diminish isolation and provide the Region with
competitive equality and opportunity for new business ventures to enhance and extend
existing advantage and established capacity. The Strategy finds it imperative that the
region build on advantage to future diversify and expand economic activity in order to
remain competitive and secure.
Sections 3.35 d), f) and h) read as follows;
d)
promote tourism incidental to resource, industrial and settlement activity;
f.)
integrate tourist experience and infrastructure into settlement centres to support
and reinforce economic function;
h)
ensure regulatory requirements and approval processes do not unduly direct or
restrain the location, nature and flexibility of tourism operations and visitor
accommodation
Section 4.5 of the Strategy outlines land use policies for facilitating access to business
services.
The Strategy recognizes that support can be given to economic activity by recognising a
strong connectedness between the success of economic endeavour and security of
access to land and resources. It acknowledges the compliance costs for business and the
risk of constraint on competition that arise from unnecessary regulatory intervention.
5
RISK ISSUES
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The combined amendment and development application process requires a public
exhibition period that has the potential to result in representations being made against the
proposal. If the Tasmanian Planning Commission upholds these objections, then the
amendment could be refused.
The proposed amendment is the result of a comprehensive town planning exercise that
included extensive public consultation and provides a strategic justification for
development of the site for residential and commercial use.
6.
FINANCIAL IMPLICATIONS
Financial implications of the proposal include the $296 fee payable to the Tasmanian
Planning Commission for the Planning Scheme amendment, and staff time. Advertising
the Planning Scheme amendment, as per the requirements of LUPAA, will be an
additional cost. Costs for lodgment of the amendment should it be approved and
advertising costs are required by Council to be met by the proponent.
7.
CONSULTATION
The planning scheme amendment process requires a statutory public exhibition period of
at least 28 days to be undertaken once Council certifies the amendment. This statutory
exhibition period must be advertised twice in the local newspaper and will ensure that the
public has ample opportunity to make comment.
8.
STATUTORY REQUIREMENTS
The amendment has been drafted in accordance with the requirements of the Land Use
Planning and Approvals Act 1993 (LUPAA), which outlines the process that Council must
undertake when initiating and certifying amendments.
A range of matters have been considered in documenting the proposal to ensure that it
meets the objectives of the Tasmanian Resource Management and Planning System and
the planning process, which are outlined as schedules to LUPA. Consideration has also
been given to Tasmanian Sustainable Development Policies (State Policies) as required
by the State Policies and Projects Act 1993.
9.
OFFICER’S COMMENTS
Current and Proposed Use and Development Standards
The subject site is currently zoned Light Industrial under the Latrobe Interim Planning
Scheme 2013. The purpose of the Light Industrial Zone is to provide for manufacturing,
processing, repair, storage and distribution of goods and materials where off-site impacts
are minimal or can be managed to minimise conflict or impact on the amenity of any other
uses.
Council has had previous discussions in respect of an expression of interest to establish a
paintball facility on the site. That activity would be categorised as Sport and Recreation
under the Latrobe Interim Planning Scheme 2013. Sport and Recreation is prohibited in
the Light Industrial zone.
The subject title has been used as a Speedway and for associated events for many years.
Council approved an application for improved public facilities on the site, a training room
and function centre ancillary to the use earlier in 2015.
The proposed amendment proposes introduction of a Particular Purpose zone into Clause
33 of the planning scheme to include a set of site specific use and development standards
for the site to be known as the Latrobe Speedway Site.
The proposed amendment will enable establishment of the proposed paintball facility
and/or other similar recreational related activities that complement existing use in the area
and make efficient use of redundant areas of the Speedway site.
It will allow for the development of tourist related activities in an area close to the Bass
Highway and Devonport Airport and the existing go-cart facility in Speedway Drive.
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The proposed amendment will also provide a permit pathway for extensions to the Latrobe
Speedway, which is an existing non-conforming use on the site.
10. DEVELOPMENT APPLICATION
Proposal
A paintball facility is proposed at 37 Speedway Drive, Latrobe. The paintball facility is
located in a redundant area of the Speedway site to the east of the race track and
supporting facilities. It comprises four playing fields utilizing the natural terrain and inert
obstacles as “hiding” areas, a mustering area for players, which consists of an area
covered with shadecloth between storage containers, the containers themselves to be
used for the storage of equipment and cleaning materials and an office and administration
area.
The facility will make use of existing amenities on the site, such as the Speedway car park
and toilets. A sign is proposed at the entrance to Speedway Drive.
The facility will operate between 9.00am and 8.00pm seven (7) days a week, excepting
days when the speedway is operating. On these days the facility will only open in the
morning. Between 3 to 5 employees will be on the site at any one time.
Four playing fields are a normal industry standard with only two being used at any time.
Teams are made up of as equal numbers as can be mustered. A game lasts
approximately 3 hours.
The maximum number of people playing per day will be 100, playing on two of the four
fields. The operator’s estimate of seasonal activity is 50% in the summer months, 40% in
the shoulder months and 30% in winter.
The bulk of the bookings will be groups that are likely to car pool or arrive by bus.
Estimated vehicle movements are 25 – 30 per day.
A safe setback distance from third party property is required to prevent stray paintballs
leaving the site. An adequate distance is 8 – 10m. Paintballs are made of biodegradable,
water soluble, non-toxic materials. The site will be monitored during business hours and
after hours by security cameras.
Signage is proposed below existing signage on an existing structure at the corner of Bass
Highway and Speedway Drive. The proposed sign is 5metres X 1 metre. It advertises the
proposed facility.
A copy of the site plan submitted with the application is shown in Figure 8. It shows the
location of existing development on the site and the operational areas and supporting
services required by the proposed paintball facility. A copy of the floor and elevation plans
for the registration and utility services building is shown in Figures 9 and 10. A copy of the
proposed sign is shown in Figure 11 and a picture of the structure it proposed to be
mounted on is shown in Figure 12.
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Figure 8 Site Plan
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Figure 9 Floor Plan
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Figure 10 Elevation Plan
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Figure 11 Proposed sign detail
Figure 12 Mounting structure for proposed sign
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INTERNAL REFERRALS
The application was referred to Council’s Engineering, Environmental Health and Building
departments.
Engineer’s report and recommended conditions.
The existing 6m wide private road from Speedway Drive through Crown land is to be used
as the primary means of access.
Condition:
Stormwater discharge from the development and overland flows from the property are to
be contained on site connected to existing private stormwater or directed to the
stormwater drain within the site. Formed surfaces are not to direct water to adjoining
properties.
Environmental Health Officer’s report
The site has existing connection to TasWater’s reticulated sewer system and does not
require on-site management of waste water.
Note:
Ensure appropriate action is taken to mitigate/minimise any emissions from the site that
may cause or is likely to cause environmental harm or environmental nuisance under the
provisions of Environmental Management and Pollution Control Act 1994 and associated
Regulations
Insert Building Department’s report
An application is required for a building permit for the registration and utility services
building.
Development Application Assessment
The application for the proposed paintball facility is assessed against the proposed
standards for development of the site included in the amendment and all other relevant
standards under the Latrobe Interim Planning Scheme 2013.
The assessment assumes approval by Tasmanian Planning Commission (TPC) of draft
amendment DA 04/15.
Clause 8.2 of the Planning Scheme requires use or uses of land for which use and
development is proposed to be categorized in accordance with the definitions contained in
Table 8.2. The proposal has been categorized as Sport and Recreation.
Under Table 8.2: Use Classes, Sport and Recreation means:
use of land for organized or competitive recreation or sporting purposes including
associated club rooms.
Under Clause 33.2: Use Table, Residential use has permitted status If for
(a) a bowling alley, fitness centre, gymnasium; or
(b) an indoor or outdoor recreation facility; and
(c) not a spectator sport
The proposed paintball facility is an outdoor recreation facility and not a spectator sport.
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32.3.1 Suitability of a site or lot for use or development
Objective:
The minimum properties of a site are to:
(a) provide a suitable development area for the intended use;
(b) provide access from a road; and
(c) make adequate provision for connection to a water supply and for the drainage of sewage
and stormwater.
Acceptable Solutions
Performance Criteria
A1
P1
A site or each lot proposed on a plan of subdivision
must:
A site or each lot on a plan of subdivision
must be of sufficient area for the intended
use or development , having regard to:
(a) have an area of not less than 1000m² excluding
any access strip; and
(a)
erection of a building if required by
the intended use;
(b)
access to the site;
(c)
use or development of adjacent land;
(d)
a utility;
(b) if intended for a building, have a building area –
(i)
not less than 300m²;
(ii)
clear of any applicable setback from a
zone boundary;
(iii)
clear of any registered easement;
(e)
(iv)
clear of any registered right of way
benefitting other land;
any easement or lawful entitlement
for access to other land; and
(f)
be consistent with the local area
objectives and any applicable desired
future character statements.
(v)
clear of any restriction imposed by a
utiliy;
(vi)
not including an access strip;
(vii)
clear of any area required for on-site
disposal of stormwater; and
(viii)
accessible from a frontage or access strip;
(c) be required for public use by the Crown, an
agency or a corporation all the shares of which
are held by Councils or a municipality; or
(d) be required for the provision of public utilities.
A2
P2
A site or each lot on a subdivision plan must have a
separate access from a road –
(a) a site must have a reasonable and secure
access from a road provided –
(a) across a frontage over which no other land has a
right of access; and
(b) if an internal lot, by an access strip connecting to
a frontage over land not required as the means of
access to any other land; or
(i)
across a frontage; or
(ii)
by an access strip connecting to
a frontage, if for an internal lot;
or
(iii)
by a right of way connecting to a
road over land not required to
give the lot of which it is a part
the minimum properties of a lot
in accordance with the
acceptable solution in any
applicable standard; and
(iv)
the dimensions of the frontage
(c) by a right of way connecting to a road –
(i)
over land not required as the means of
access to any other land; and
(ii)
not required to give the lot of which it is a
part the minimum properties of a lot in
accordance with the acceptable solution
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Page 476
in any applicable standard; and
and any access strip or right of
way must be adequate for the
type and volume of traffic likely
to be generated by –
(d) with a width of frontage and any access strip or
right of way of not less than 10.0m; and
(e) the relevant road authority in accordance with
the Local Government (Highways) Act 1982 or the
Roads and Jetties Act 1935 must have advised it
is satisfied adequate arrangements can be made
to provide vehicular access between the
carriageway of a road and the frontage, access
strip or right of way to the site or each lot on a
proposed subdivision plan.
a. the intended use; and
b. the existing or potential use
of any other land which
requires use of the access
as the means of access for
the land; and
(v)
the relevant road authority in
accordance with the Local
Government (Highways) Act
1982 or the Roads and Jetties
Act 1935 must have advised it is
satisfied adequate arrangements
can be made to provide vehicular
access between the carriageway
of a road and the frontage,
access strip or right of way to the
site or each lot on a subdivision
plan; or
(b) It must be unnecessary for the
development to require access to the
site or to a lot on a subdivision plan.
A3
P3
A site or each lot on a plan of subdivision must be
capable of connecting to a water supply –
(a) There must be a water supply available
for the site or for each lot on a plan of
subdivision with an adequate level of
reliability, quality and quantity to service
the anticipated use of the site or the
intended use of each lot on a plan of
subdivision; or
(a) from a connection to a water supply provided
in accordance with the Water and Sewerage
Industry Act 2008; or
(b) from a rechargeable drinking water system
R6 with a storage capacity of not less than
10,000 litres if –
(i)
there is not a reticulated water
supply; and
(ii)
development is for a use with an
equivalent population of not more
than 10 people per day.
(b) It must be unnecessary to require a
water supply
A4
P4
capable of draining and disposing of sewage
and trade waste –
(a)
A site or each lot on a plan of
subdivision must drain and dispose of
sewage and trade waste –
(a)
to a reticulated sewer system provided in
accordance with the Water and Sewerage
Industry Act 2009; or
(i)
in accordance with any
prescribed emission limits for
discharge of waste water;
(b)
by on-site disposal if –
(ii)
in accordance with any limit
advised by the Tasmanian
Environmental Protection
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Page 477
(i)
sewage or trade waste cannot be
drained to a reticulated sewer
system; and
(ii)
Agency;
the development -
(iii)
without likely adverse impact
for the health or amenity of
the land and adjacent land;
(iv)
without compromise to
water quality objectives for
surface or ground water
established under the State
Policy on Water Quality
Management 1997; and
(v)
with appropriate safeguards
to minimise contamination if
the use or development has
potential to –
a. is for a single dwelling; or
b. creates a total sewage and waste
water flow of not more than 1,000l
per day; and
(iii)
the site has capacity for on-site
disposal of domestic waste water in
accordance with AS/NZS1547:2012
On-site domestic- wastewater
management clear of any defined
building area or access strip
a. indirectly cause the
contamination of
surface or ground
water; or
b.
(b)
A5
P5
capable of draining and disposing of stormwater –
(a)
(a)
(b)
for discharge to a stormwater system provided in
accordance with the Urban Drainage Act 2013; or
if stormwater cannot be drained to a
stormwater system –
(i)
(ii)
for discharge to a natural
drainage line, water body, or
watercourse; or
It must be unnecessary to require
arrangements for the drainage and
disposal of sewerage or trade waste.
stormwater –
(i)
to accommodate the anticipated
stormwater -
(ii)
without likelihood for
concentration on adjacent land;
(iii)
without creating an unacceptable
level of risk for the safety of life
or for use or development on the
land and on adjacent land;
(iv)
to manage the quantity and rate
of discharge of stormwater to
receiving waters;
(v)
to manage the quality of
stormwater discharged to
receiving waters; and
(vi)
to provide positive drainage away
from any sewer pipe, on-site
sewage disposal system, or
Page 478
for disposal within the site if –
a. the site has an area of not less than
5000m2;
b. the disposal area is not within any
defined building area;
c. the disposal area is not within any
area required for the disposal of
sewage;
d. the disposal area is not within any
involve an activity or
process which requires the
use, production, conveyance
or storage of significant
quantities of sewage or trade
waste that may cause harm
to surface or ground water if
released through accident,
malfunction, or spillage; or
14th December, 2015
access strip; and
building area; or
e. not more than 50% of the site is
(b)
impervious surface
arrangements for the drainage and disposal of
stormwater.
The subject title has an area of 16.92ha. It contains the Latrobe Speedway site, which
has an area of approximately 6ha. The subject site, inclusive of the car park is
approximately 6ha. It includes the proposed playing fields and the registration and
services/utilities building.
The proposal complies with A1 for this Standard.
Access to the site is via a private driveway off Speedway Drive. There is no new access
proposed as access to the facility is shared with the Latrobe Speedway. Council’s
engineer is satisfied that the access is adequate for the proposed use.
The site has an existing connection to TasWater’s reticulated water supply.
The site has an existing connection to TasWater’s reticulated sewer system.
The subject site comprises 16.92ha. There is sufficient area for stormwater management
on the site. A condition will be included on the permit as follows:
Stormwater discharge from the development and overland flows from the property are to
be contained on site connected to existing private stormwater or directed to the
stormwater drain within the site. Formed surfaces are not to direct water to adjoining
properties.
In this manner the proposal will A5 for this Standard.
32.3.2 Location and configuration of development
Objective
The location and configuration of development is to –
(a) provide for the efficient use of land;
(b) provide for buildings, service activity and vehicle parking of suitable size to accommodate use
(c) provide consistency in the apparent scale, bulk, massing and proportion of adjacent buildings;
and
(d) minimise unreasonable impact on the amenity of the use on land beyond the boundaries of
the zone.
Acceptable Solution
A1
P1
Building height must be not be more than 10.0m.
Building height must –
(a) minimise apparent scale, bulk,
massing and proportion relative to
any adjacent building;
(b) respond to the effect of the slope
and orientation of the site; and
(c) provide separation between
buildings to attenuate impact.
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Page 479
A2
P2
Development of land with a boundary to a zone must
–
The location of development must –
(a) minimise likelihood for conflict,
interference and constraint from use
on land in an adjoining zone; and
(a) be setback from the boundary of land in an
adjoining zone by not less than the distance for
that zone shown in the Table to this Clause;
(b) minimise likely impact on the
amenity of use on land in an
adjoining zone.
(b) not include within the setback area required from
a boundary to land in a zone shown in the Table
to this Clause –
(i)
a building or work;
(ii)
vehicular or pedestrian access from a
road;
(iii)
vehicle loading or parking area;
(iv)
an area for the gathering of people,
including for entertainment, community
event, performance, sport or for a
spectator facility;
(v)
a sign orientated to view from land in
another zone; or
(vi)
external lighting for operational or
security purposes; and
(c) a building with an elevation to a zone boundary
must be contained within a building envelope
determined by –
(i)
the setback distance from the zone
boundary as shown in the Table to this
clause; and
(ii)
projecting upward and away from the
0
zone boundary at an angle of 45 above
the horizontal from a wall height of 3.0m
at the setback distance from the zone
boundary; and
(d) the elevation of a building to a zone boundary
must not contain an external opening other than
an emergency exit, including a door, window to a
habitable room, loading bay, or vehicle entry.
Table to Clause 32.3.2 A2
Adjoining Zone
Setback(m)
Light Industrial
4.0
The registration and services/utilities building has a height of 3.451m.
The registration and services/utilities building is setback 144.4m from the south-western
boundary, 106.9m from the north-western boundary and 164.8m from the north-eastern
boundary.
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Page 480
Codes
E1 Bushfire Prone Areas Code
A Bushfire Hazard Risk Assessment report prepared by Mr Ian Abernethy, of Pitt & Sherry
was submitted with the application. Mr Abernethy is an accredited person. The
assessment demonstrates there is insufficient increased risk to warrant specific measures
for bushfire hazard management for the proposed development.
E7 Sign Code
E7.5
Development Standards
Objective
Signs are to –
(a) be an integrated element of development on a site;
(b) give priority if for signs that relate to the activity, product, occupation, or service
available on the site; and
(c) not have adverse effect for –
(i)
the convenience and safety of people and property, including of any road, rail, air
or marine transport system;
(ii)
amenity and character of any rural, urban or conservation setting; or
(iii)
the conservation and protection of any special value identified in a provision
forming part of this planning scheme
Acceptable Solution
A1
P1
Signs must –
A sign must be necessary and reasonable
taking into account –
(a) identify an activity, product, or service
provided on the site;
(b) if on a site in a General Residential, Low
Density Residential, Rural Living, or
Environmental Living zone, must –
(i)
comprise not more than 2
display panels;
(ii)
be fixed flat to the surface of a
building below the eave line;
and
(iii)
have a total combined area of
not more than 5.0m²;
(c) if on a site in any other zone, must –
(a) purpose
and
operational
characteristics of the use on the
site;
(b) nature of development on the site;
(c) purpose, location, number, size,
style, and configuration of any
existing and approved sign on the
site and on adjacent land;
(d) whether likely to be visually
dominant or intrude on the
appearance of the site or the
streetscape;
(e) whether likely to obscure the
visibility of other signs in the
14th December, 2015
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(i)
(ii)
comprise not more than 5
display panels;
have a total combined area of
not more than 50.0m²
(iii)
be separated from any other
freestanding or projecting sign
by not less than 10.0m
(iv)
be fully contained within the
applicable building envelope
and –
a. not extend above the
parapet or the ridge of a
roof; or
b. if a free-standing sign,
have a height above
natural ground level of
not more than 5.0m;
(v)
not involve a corporate livery,
colour scheme, insignia or logo
applied to more than 25% of the
external wall surface of each
elevation of a building;
(vi)
not be located in an access
strip, loading area, or car park;
(vii)
not be animated, changeable,
flashing, or rotating unless
providing advisory or safety
information;
(viii)
not resemble any air or marine
navigation device, or a railway
or road traffic control or
directional device or sign;
(ix)
not visually obscure any sign or
device
required
for
the
convenience and safety of air or
marine navigation or for use of
locality;
(f) whether visible
immediate locality;
beyond
the
(g) whether likely to impact on
operational efficiency and safety of
a railway, road, navigable water, or
controlled air space in accordance
with the advice of any relevant
regulatory entity;
(h) whether likely to impact on the
amenity of a habitable room or
private open space in a residential
development;
(i) any advice or requirement of the
relevant road manager; and
(j) implication for the objectives of any
local heritage provision applicable
for the site
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a railway or a road; and
(x)
not cause illumination that
overspills the boundaries of the
site; and
(d) not be on land for which a Local
Heritage Code forming part of the
planning scheme applies
Signage is proposed below existing signage on an existing structure at the corner of Bass
Highway and Speedway Drive. The proposed sign is 5metres long and 1 metre high. It
advertises the proposed facility.
The proposed sign identifies and advertises an activity on an internal lot off the end of
Speedway Drive. It is to be mounted on a structure than contains existing signage
advertising the Latrobe Speedway. The dimensions of the sign are similar to those
existing on the structure.
The proposed sign has a display area of 5m². It is not likely to have any greater impact
than existing signage in the area.
The proposal satisfies P1 for this Standard.
Traffic Generating Use and Parking Code
E9.5.1 Provision for parking
Objective:
Provision is to be made for convenient, accessible, and usable vehicle parking to satisfy
requirements for use or development without impact for use or development of other land or for
the safety and operation of any road
A1
P1
Provision for parking must be -
(a) It must be unnecessary or unreasonable to
require arrangements for the provision of
vehicle parking; or
(a) the minimum number of on-site vehicle
parking spaces must be in accordance with
the applicable standard for the use class as
shown in the Table E9A;
(b) Adequate and appropriate provision must be
made for vehicle parking to meet -
(b) motor bike parking at a rate of 1 space for
every 20 vehicle parking spaces;
(i) anticipated requirement for the type,
scale, and intensity of the use;
(c) parking spaces for people with disabilities at
the rate of 1 space for every 20 parking
spaces or part thereof; and
(ii) likely needs and requirements of site
users; and
(d) bicycle parking at the rate of 1 space for
every 20 vehicle parking spaces or part
thereof
(iii) likely type, number, frequency, and
duration of vehicle parking demand
Under Table E9A Sport and Recreation does not specify the number of spaces for an
outdoor facility that is not a spectator facility excepting a bowling green.
The maximum number of people paying per days will be 100, playing on two of the four
fields. The operator’s estimate of seasonal activity is 50% in the summer months, 40%
in the shoulder months and 30% in winter.
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The bulk of the bookings will be groups that are likely to car pool or arrive by bus.
Estimated vehicle movements are 25 – 30 per day.
The title has existing provision of 180 sealed car parking spaces and 120 gravel & grass
car parking spaces. The provision of parking satisfies the requirements for the proposed
use.
E9.5.2 Provision for loading and unloading of vehicles
Objective:
Provision is made for conveniently located and accessible areas for the loading and unloading of
goods and materials and for the pick-up and set-down of passengers from vehicles
A1
P1
There must be provision within a site for -
(a) It must be unnecessary or unreasonable to
require arrangements for loading and
unloading of vehicles; or
(a) on-site loading area in accordance with the
requirement in Table E9A; and
(b) Adequate and appropriate provision must be
made for the loading and unloading of
vehicles to meet–
(b) passenger vehicle pick-up and set-down
facilities for business, commercial,
educational and retail use at the rate of 1
space for every 50 parking spaces
(i) likely volume, type and frequency of
vehicles associated with the delivery and
collection of goods and passengers; and
(ii) likely frequency and duration of
requirements for delivery and collection
of goods or people
Under Table E9A Sport and Recreation requires provision of 1 small rigid truck space.
car parking spaces. The provision of parking satisfies the requirements for the proposed
use.
E9.6.1 Road access
Objective:
Arrangements for vehicular access to a road and for junctions with a road are to protect safety and
operation of a road
A1
P1
There must be an access to the site from a
carriageway of a road R36 –
There is no performance criteria
(a) permitted in accordance with the Local
Government (Highways) Act 1982;
(b) permitted in accordance with the Roads and
Jetties Act 1935; or
(c) permitted by a license granted for access to a
limited access road under the Roads and
Jetties Act 1935
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Page 484
Access to the site is from Speedway Drive which is a fully constructed Council
maintained road.
E9.6.2 Design of vehicle parking and loading areas
Objective:
Vehicle circulation, loading, and parking areas–
(a) protect the efficient operation and safety of the road from which access is provided;
(b) promote efficiency, convenience, safety, and security for vehicles and users; and
(c) provide an appropriate layout and adequate dimension to accommodate passenger or freight
vehicle associated with use of the site
A1.1
P1
All development must provide for the collection,
drainage and disposal of stormwater; and
The layout and construction of a vehicle parking
area, loading area, circulation aisle, and
manoeuvring area must be adequate and
appropriate for –
A1.2
Other than for development for a single dwelling
in the General Residential, Low Density
Residential, Urban Mixed Use and Village zones,
the layout of vehicle parking area, loading area,
circulation aisle and manoeuvring area must –
(a) Be in accordance with AS/NZS 2890.1
(2004) – Parking Facilities - Off Street Car
Parking;
(a) the nature and intensity of the use;
(b) effect of size, slope and other physical
characteristics and conditions of the site;
(c) likely volume, type, and frequency of vehicles
accessing the site;
(d) likely demand and turnover for parking;
(e) delivery and collection vehicles;
(b) Be in accordance with AS/NZS 2890.2
(2002) – Parking Facilities – Off Street
Commercial Vehicles;
(f) familiarity of users with the vehicle loading
and vehicle parking area;
(g) convenience and safety of access to the site
from a road;
(c) Be in accordance with AS/NZS 2890.3
(1993) – Parking Facilities – Bicycle
Parking Facilities;
(d) Be in accordance with AS/NZS 2890.6
Parking Facilities – Off Street Parking for
People with Disabilities;
(e) Each parking space must be separately
accessed from the internal circulation
aisle within the site
(h) safety and convenience of internal vehicle
and pedestrian movement;
(i) safety and security of site users; and
(j) the collection, drainage, and disposal of
stormwater
A2
P2
Design and construction of an access strip and
vehicle circulation, movement and standing
areas for use or development on land within the
Rural Living, Environmental Living, Open Space,
Rural Resource, or Environmental Management
zones must be in accordance with the principles
and requirements for in the current edition of
Unsealed Roads Manual – Guideline for Good
Practice ARRB
Design of internal access roads and vehicle
circulation, movement and standing areas for
permitted use on land within the Rural Living,
Environmental Living, Open Space, Rural
Resource, or Environmental Management zones
must be adequate and appropriate for the likely
type, volume, and frequency of traffic
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car parking spaces.
The Performance Criteria gives Council discretion to consider an alternative hard surface
provided the construction of the vehicle parking area, loading area, circulation aisle and
manoeuvring area is adequate and appropriate for:




the nature and intensity of the use;
effect of characteristics and conditions of the site;
likely volume, type and frequency of vehicles accessing the site; and
safety of site users accessing and within the site.
The building will not intensify the existing use on the title. The finish of the existing
parking area is appropriate for the existing use on the site.
The proposal satisfies Performance Criteria P1 for this Standard.
11. CONCLUSION
The proposed development satisfied the requirements of the Latrobe Interim Planning
Scheme 2013, assuming approval by Tasmanian Planning Commission (TPC) of draft
amendment DA 04/15.
12. RECOMMENDATION
That the report by the Planning Officer dated 8 December 2015 concerning Draft
Amendment 04/15 and DA 184/2015 be received and Council:
1. Approve the proposed amendment as presented;
2. Certify the proposed amendment;
3. Advertise the proposed amendment in The Advocate and place it on public
exhibition for a period of 28 days; and
4. Approve the proposed paintball facility with the following conditions:
(a) Consent is for the proposed paintball facility substantially in accordance with
endorsed plans Drwg. Nos. AS-1172-51, AS-1174-52 and AS-1174-53.
(b) Consent is for the proposed 5.0m x 1.0m sign substantially in accordance
with endorsed signage detail.
(c) Stormwater discharge from the development and overland flows from the
property are to be contained on site connected to existing private stormwater
or directed to the stormwater drain within the site. Formed surfaces are not
to direct water to adjoining properties.
(d) Operating hours are to be between 9.00am and 8.00pm seven (7) days a
week.
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Page 486
LATROBE INTERIM PLANNING SCHEME 2013
AMENDMENT 04/15
1.
Amend Sheets 1, 4 and 16 by changing the zoning of Certificate of Title 162285/1
from Light Industrial to Particular Purpose 2 – Latrobe Speedway Site.
2.
Insert the following into Part D as Clause 33.0:
33.0
Particular Purposes Zone 2 – Latrobe Speedway Site
33.1
Zone Purpose
33.1.1
Zone Purpose Statement
33.1.1.1
To provide for recreational activity where off-site impacts are minimal or
can be managed to minimize conflict or impact on the amenity of any
other uses.
33.1.1.2
To provide for expansion of the speedway facility
33.1.2
Local Area Objectives
(a) Provide for convenient access to a range of active and organised
recreational use for residents of the locality and tourists;
(b) Provide for use and development complementary to the speedway
operations;
(c) Maintain the amenity of uses on land adjacent to the zone.
33.1.3
Desired Future Character Statements
Use or development on the Latrobe Speedway Site:
(a) May occur on natural or modified sites and for
(b) Is not required to be comparable with development on adjacent land
(c) May involve large outdoor facilities and highly modified sites and include
buildings and structure for administration, a clubroom and change facilities,
light towers and car parking;
(d) May involve indoor facilities in large buildings with distinctive typology, bulk
and height.
33.2
Use Table
No Permit Required
Natural and cultural values
management
Permitted
Community Meeting and
Entertainment
Qualification
If for conservation, rehabilitation, or
protection against degradation, but
must not include a building or
external activity area for information,
interpretation, or display of items or
for any other use
Qualification
If for a function centre associated
with an established use
Motor racing facility
If not a new facility
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Page 487
Passive Recreation
Sports and Recreation
If for an indoor playground
If
(a) a bowling alley, fitness centre,
gymnasium; or
Utilities
Prohibited
All other uses
32.3
(b) an indoor or outdoor recreation
facility and not a spectator sport
If for minor utilities
Development Standards
32.3.1 Suitability of a site or lot for use or development
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Page 488
Objective:
The minimum properties of a site are to:
(d) provide a suitable development area for the intended use;
(e) provide access from a road; and
(f) make adequate provision for connection to a water supply and for the drainage of
sewage and stormwater.
A1
P1
A site or each lot proposed on a plan of
subdivision must:
must be of sufficient area for the intended
use or development , having regard to:
(e) have an area of not less than 1000m²
excluding any access strip; and
(f) if intended for a building, have a building
area –
(g)
erection of a building if required by
the intended use;
(h)
access to the site;
(i)
not less than 300m²;
(i)
use or development of adjacent land;
(ii)
clear of any applicable setback
from a zone boundary;
(j)
a utility;
(k)
(iii)
clear of any registered easement;
any easement or lawful entitlement
for access to other land; and
(iv)
clear of any registered right of
way benefitting other land;
(l)
(v)
clear of any restriction imposed
by a utiliy;
be consistent with the local area
objectives and any applicable desired
future character statements.
(vi)
not including an access strip;
(vii)
clear of any area required for onsite disposal of stormwater; and
(viii)
accessible from a frontage or
access strip;
(g) be required for public use by the Crown,
an agency or a corporation all the shares
of which are held by Councils or a
municipality; or
(h) be required for the provision of public
utilities.
A2
P2
A site or each lot on a subdivision plan must
have a separate access from a road –
(c) a site must have a reasonable and secure
access from a road provided –
(f) across a frontage over which no other
land has a right of access; and
(g) if an internal lot, by an access strip
connecting to a frontage over land not
required as the means of access to any
other land; or
(v)
across a frontage; or
(vi)
by an access strip connecting to
a frontage, if for an internal lot;
or
(vii)
by a right of way connecting to a
road over land not required to
give the lot of which it is a part
the minimum properties of a lot
in accordance with the
acceptable solution in any
(h) by a right of way connecting to a road –
(iii)
over land not required as the
means of access to any other
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Page 489
land; and
(iv)
applicable standard; and
not required to give the lot of
which it is a part the minimum
properties of a lot in accordance
with the acceptable solution in
any applicable standard; and
(viii)
(i) with a width of frontage and any access
strip or right of way of not less than
10.0m; and
the dimensions of the frontage
and any access strip or right of
way must be adequate for the
type and volume of traffic likely
to be generated by –
a. the intended use; and
b. the existing or potential use
of any other land which
requires use of the access
as the means of access for
the land; and
(j) the relevant road authority in
accordance with the Local Government
(Highways) Act 1982 or the Roads and
Jetties Act 1935 must have advised it is
satisfied adequate arrangements can be
made to provide vehicular access
between the carriageway of a road and
the frontage, access strip or right of way
to the site or each lot on a proposed
subdivision plan.
(vi)
the relevant road authority in
accordance with the Local
Government (Highways) Act
1982 or the Roads and Jetties
Act 1935 must have advised it is
satisfied adequate arrangements
can be made to provide vehicular
access between the carriageway
of a road and the frontage,
access strip or right of way to the
site or each lot on a subdivision
plan; or
(d) It must be unnecessary for the
development to require access to the
site or to a lot on a subdivision plan.
A3
P3
must be capable of connecting to a water
supply –
(c) There must be a water supply available
for the site or for each lot on a plan of
subdivision with an adequate level of
reliability, quality and quantity to service
the anticipated use of the site or the
intended use of each lot on a plan of
subdivision; or
(c) from a connection to a water supply
provided in accordance with the
Water and Sewerage Industry Act
2008; or
(d) from a rechargeable drinking water
system R6 with a storage capacity of
not less than 10,000 litres if –
(ii)
there is not a reticulated
water supply; and
(iii)
development is for a use
with an equivalent
population of not more than
10 people per day.
(d) It must be unnecessary to require a
water supply
A4
P4
must be capable of draining and
disposing of sewage and trade waste –
(c)
(c) to a reticulated
sewer system provided
sewage and trade waste –
(vi)
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in accordance with any
Page 490
in accordance with the Water and
Sewerage Industry Act 2009; or
(d)
prescribed emission limits for
discharge of waste water;
by on-site disposal if –
(iii)
sewage or trade waste cannot
be drained to a reticulated
sewer system; and
(iv)
the development -
(vii)
in accordance with any limit
advised by the Tasmanian
Environmental Protection
Agency;
(viii)
without likely adverse impact
for the health or amenity of
the land and adjacent land;
c. is for a single dwelling; or
d. creates a total sewage
(ix)
without compromise to
water quality objectives for
surface or ground water
established under the State
Policy on Water Quality
Management 1997; and
(x)
with appropriate safeguards
to minimise contamination if
the use or development has
potential to –
and waste water flow of
not more than 1,000l per
day; and
(iv)
the site has capacity for
on-site disposal of domestic
waste water in accordance
with AS/NZS1547:2012
On-site domestic- wastewater
management clear of any
defined building area or
access strip
c. indirectly cause the
contamination of
surface or ground
water; or
d.
(d)
A5
P5
must be capable of draining and disposing
of stormwater –
(c)
(c)
(d)
for discharge to a stormwater system
provided in accordance with the Urban
Drainage Act 2013; or
if stormwater cannot be drained to a
stormwater system –
(iii)
for discharge to a natural
drainage line, water body, or
watercourse; or
(iv)
for disposal within the site if –
arrangements for the drainage and
disposal of sewerage or trade waste.
stormwater –
(vii)
to accommodate the anticipated
stormwater -
(viii)
without likelihood for
concentration on adjacent land;
(ix)
without creating an unacceptable
level of risk for the safety of life
or for use or development on the
land and on adjacent land;
(x)
to manage the quantity and rate
of discharge of stormwater to
receiving waters;
(xi)
to manage the quality ofPage 491
f. the site has an area of not
less than 5000m2;
involve an activity or
process which requires the
use, production, conveyance
or storage of significant
quantities of sewage or trade
waste that may cause harm
to surface or ground water if
released through accident,
malfunction, or spillage; or
14th December, 2015
g. the disposal area is not within
any defined building area;
h. the disposal area is not within
any area required for the
disposal of sewage;
i.
j.
the disposal area is not within
any access strip; and
stormwater discharged to
receiving waters; and
(xii)
(d)
not more than 50% of the
site is impervious surface
to provide positive drainage away
from any sewer pipe, on-site
sewage disposal system, or
building area; or
arrangements for the drainage and disposal of
stormwater.
32.3.2 Location and configuration of development
Objective
The location and configuration of development is to –
(e) provide for the efficient use of land;
(f) provide for buildings, service activity and vehicle parking of suitable size to
accommodate use
(g) provide consistency in the apparent scale, bulk, massing and proportion of adjacent
buildings; and
(h) minimise unreasonable impact on the amenity of the use on land beyond the
boundaries of the zone.
Acceptable Solution
A1
P1
Building height must be not be more than
Building height must –
(d) minimise apparent scale, bulk,
massing and proportion relative to
any adjacent building;
10.0m.
(e) respond to the effect of the slope
and orientation of the site; and
(f) provide separation between
buildings to attenuate impact.
A2
P2
Development of land with a boundary to a
zone must –
The location of development must –
(e) be setback from the boundary of land in
an adjoining zone by not less than the
distance for that zone shown in the Table
to this Clause;
(f) not include within the setback area
required from a boundary to land in a
zone shown in the Table to this Clause –
(vii)
a building or work;
(viii)
vehicular or pedestrian access
from a road;
(ix)
vehicle loading or parking area;
(x)
an area for the gathering of
people, including for
(c) minimise likelihood for conflict,
interference and constraint from use
on land in an adjoining zone; and
(d) minimise likely impact on the
amenity of use on land in an
adjoining zone.
14th December, 2015
Page 492
entertainment, community
event, performance, sport or
for a spectator facility;
(xi)
a sign orientated to view from
land in another zone; or
(xii)
external lighting for
operational or security
purposes; and
(g) a building with an elevation to a zone
boundary must be contained within a
building envelope determined by –
(iii)
the setback distance from the
zone boundary as shown in the
Table to this clause; and
(iv)
projecting upward and away from
the zone boundary at an angle of
450 above the horizontal from a
wall height of 3.0m at the setback
distance from the zone boundary;
and
(h) the elevation of a building to a zone
boundary must not contain an external
opening other than an emergency exit,
including a door, window to a habitable
room, loading bay, or vehicle entry.
Table to Clause 32.3.2 A2
Adjoining Zone
Setback(m)
Light Industrial
5.0
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Back to Agenda
14th December, 2015
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Annexure "P"
SUBJECT:
CONSENT AGREEMENT – 2 UNIT DEVELOPMENT AT
3 ST GEORGES CRESCENT, SHEARWATER
AUTHOR:
STATUTORY PLANNING OFFICER – LEE-ANNE RYAN
DATE:
7 DECEMBER 2015
FILE REF:
DA 138/2015
ATTACHMENTS:
ORIGINAL PROPOSAL PLANS, REVISED PROPOSAL PLANS,
CONSENT AGREEMENT
1.
PURPOSE OF REPORT
The purpose of this report is for Council to consider a consent agreement between
Latrobe Council, Mr & Mrs B Wylie and Prime Design for a proposed 2 unit grouped house
development at 3 St Georges Crescent, Shearwater.
2.
BACKGROUND INFORMATION
Council received an application lodged under Section 57 of The Land Use Planning and
Approvals Act 1993 for a proposed 2 unit grouped house development at 3 St Georges
Crescent, Shearwater on 3 September 2015.
As per statutory requirements, the application was advertised on 12 September 2015 and
two representations were received from Mr & Mrs B Wylie and L Lebski & L Bird, who are
the owners of the adjoining properties at 77 Shearwater Boulevard, Shearwater, and Unit
1, 4 St Georges Crescent, Shearwater respectively. Council considered the proposal and
the representations at its meeting held on Monday 12 October 2015 and resolved to
refuse the application for the reasons outlined in the Table below:
Grounds of Refusal
Clause 10.4.2 : Setbacks and building envelope for all dwellings
P3 (a)(i)
 Impact on residential amenity due to unreasonable loss of
sunlight to a habitable room (dining room) of adjoining dwelling
The applicant lodged an appeal in regard to Council’s decision with the Resource
Management and Planning Appeal Tribunal (the Tribunal). Latrobe Council and one of
the representors, Mr & Mrs Wylie are parties to the appeal.
At the Directions Hearing held on 6 November 2015 the Tribunal asked the parties if there
were any likelihood of a mediated outcome. The applicant indicated they were willing to
consider an amendment to the proposal plans and the Council indicated it was willing to
review its decision provided the representors were involved in the mediation process. Ms
Lebski looked at the revised proposal plans submitted and indicated she was now
satisfied with the proposal, especially as any permit issued would carry a condition
requiring the windows facing her property to be double glazed and have obscure glazing
or screening. Mr & Mrs Wylie joined as a party to the appeal on 12 November 2015.
The Tribunal held a Mediation Hearing on 20 November 2015 and the applicant provided
the amended proposal plans for consideration by all parties. Mr & Mrs Wylie were advised
to seek independent advice in regard to the matter by the Tribunal and indicated they may
be willing to consider an amended proposal. A further mediation hearing was proposed.
The amended proposal plans were again considered at the Mediation Hearing held on 4
December 2015. All parties were asked their opinion of the amended plans and approval
for the revised development was given by the representors provided the north western
corner of the proposed additional dwelling is located a minimum of 2.0m away from the
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western title boundary. The applicant agreed to provide an amendment to the proposal
plans. Council’s representative was asked their view on the matter and they advised that
provided the representor was agreeable Council may be willing to review their decision
and sign a consent agreement in regard to the amended proposal.
Where consent is reached, the Tribunal requires the preparation of a consent agreement
to be signed by all parties and lodgment of this agreement with the Tribunal for their
consideration. Where a permit is to be issued, a permit in draft form is to be provided with
the consent agreement.
Council’s representative stated that the matter would need to go before Council for a
decision.
3.
COMPLIANCE WITH STRATEGIC PLAN
The recommendation provides support to the following objectives of the Latrobe Council
‘Our Place, Our Plan’, A Strategic Direction 2012 - 2017.
To administer and update the Planning Scheme to manage development and land use.
4.
FINANCIAL IMPLICATIONS
In cases such as this it is usual for all parties to be responsible for their own costs. With
regard to the cost for Council it involves staff time to prepare the appropriate
documentation.
5.
CONSULTATION
The Appeal process is a consultative process. The issues concerning the applicant and
the representor have been resolved through mediation.
6.
STATUTORY REQUIREMENTS
The Tribunal has power under Section 17 of the Resource Management and Planning
Appeal Tribunal Act 1993, to issue a final decision, where parties have conducted a
Section 17 conference (mediation) and agreed to a settlement which the Tribunal is
satisfied is appropriate and lawful.
7.
OFFICER’S COMMENTS
The original proposal triggered the following discretions under the Latrobe Interim
Planning Scheme 2013:
 Suitability of Site;

Reduction in setback from side and rear title boundaries; and

Privacy
The amendments to the proposal include:
i.
Locating the additional dwelling further away from the north-western boundary
by increasing the setback from 1.581m to 2.00m;
ii.
Redesign of the additional dwelling to increase in the setback for the north
western corner of the dwelling from 1.30m to 2.00m from the western title
boundary;
iii.
Locating the additional dwelling closer to the southern boundary by reducing
the setback from 2.819m to 2.503m.
As stated, the revised plans have increased the setback of the additional dwelling from the
north-western boundary from the original 1.581m to 2.00m and the north western corner of
the dwelling from the western boundary from the original 1.30m to 2.00m. The revised
proposal plans do not invoke any additional discretion.
The proposal seeks a reduction in the side setback and rear setback for the additional
dwelling. The matters that must be considered are:
 reduction in sunlight to a habitable room of a dwelling on an adjoining lot;
14th December, 2015
Page 530
 overshadowing the private open space of a dwelling on an adjoining lot;
 visual impact caused by apparent scale and bulk on an adjoining lot; and

separation is provided between dwellings on adjoining lots that is compatible with
the surrounding area.
The additional dwelling is located to the rear of subject site. The north-western corner of
the dwelling is setback 2.0m from the north-western title boundary and 2.0m from the
western title boundary.
Amended shading diagrams submitted during the mediation process are shown in Figures
1 and 2.
The shadow diagrams demonstrate that the proposed dwelling has the potential to cast
shade onto the dining room of the adjoining dwelling to the west at 9am on 21 June. The
lower portion of the dining room window is shaded at 10am and no shadow is cast on the
dining room from 11am.
The adjoining title to the south contains a shed and landscaped area near the common
title boundary. The 0.316m reduction in setback from the southern title boundary will have
no greater impact on the private open space area of the adjoining lot to the south than the
original proposal.
The height of the wall presenting to the western and southern boundaries is only 2.40m.
The proposed dwelling has a skillion roof, with a pitch of 5°, which rises from the western
title boundary. The proposed dwelling is designed to fit with the sloping nature of the site.
The design of the roof minimises the visual impact on adjoining titles.
The representors, who are the adjoining owners to the west, have indicated they consent
to the revised plans.
14th December, 2015
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Figure 1 Shadow diagram 9am & 10am
14th December, 2015
Page 532
Figure 2 Shadow Diagram 11am & 12pm
14th December, 2015
Page 533
8.
RECOMMENDATION
That the report by Council’s Strategic Planning Officer, Lee-Anne Ryan, dated 7
December 2015 concerning a consent agreement in relation to Development Application
DA 138/2015 be received and the Council resolve to:
A. Endorse a consent agreement, which will include a draft permit for approval of a 2 unit
grouped house development at 3 St Georges Crescent, Shearwater subject to the
following conditions:
1. Consent is for the proposed development at 3 St Georges Crescent, Shearwater
substantially in accordance with endorsed plans, Project No: PD15110-01 Rev. 07,
PD15110-02 Rev. 07, PD15110-03 Rev. 07, PD15110-05 Rev. 07 and PD15110-06
Rev. 07.
2. Consent is for the statutory permitted building setback of 4.00m to be reduced to
1.437m for the proposed dwelling from the western title boundary.
2.503m for the proposed dwelling from the southern title boundary.
2.00m for the proposed dwelling from the north-western title boundary.
5. The north facing windows of bedroom 1 and the living room must be double glazed
and have obscure glazing or screening.
6. TasWater
The developer shall comply with the conditions, which TasWater has required the
planning authority to include in the permit in accordance with Section 56P(1) of the
Water and Sewerage Industry Act 2008. These conditions are specified in
TasWater’s submission to Council, Reference TWDA 2015/01442-LC, a copy of
which is attached and endorsed to be a document forming part of this permit.
7. Works Within Road Reservation
The existing single 3.6 metre wide driveway located in the road reservation from the
edge of existing roadway to the property boundary is to be used as the primary
means of accessing for the property.
New driveways or alterations/widening to the existing driveway will require
Engineering approval.
All other works, including any variation to driveway width within the road reservation
require engineering approval. With the exception of reshaping and grassing, nature
strips are subject to separate Council approval. In such an instance, a plan of all
proposed works including all landscaping, drainage and the planting of suitable
trees shall be lodged and approved prior to commencing such works. Such works
may require the signing of a licence agreement with Council prior to
commencement.
8. Stormwater
Stormwater discharge from the development and overland flows from the property
are to be connected to the existing private stormwater system within the property.
Formed surfaces are not to direct water to adjoining properties.
The private stormwater system is to be designed by a suitably qualified person in
accordance with AS/NZS3500.3. Minor storm events are to be adequately drained
from the property, which may require the design and installation of an on-site
stormwater detention system in accordance with section 8.11 of AS/NZS3500.3.
Major storm events are to have an appropriate overflow path and shall not cause
flooding of any new building.
9. Should there be any cut or fill greater than 1.0m in depth or height an application
must be lodged with Council for consideration.
14th December, 2015
Page 534
10. Council will endorse any stratum plan for the development when all the above
conditions are completed to Council’s satisfaction, or alternatively, a bond lodged
with Council to cover uncompleted works. All bonded works to be completed within
6 months of the stratum plan being endorsed; and
B. Forward the endorsed consent agreement to the Resource Management and Planning
Appeals Tribunal for their consideration.
14th December, 2015
Page 535
Attachment 1
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Page 537
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Page 538
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Page 539
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Page 540
Attachment 2
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Page 541
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Page 542
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Page 543
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Page 544
14th December, 2015
Page 545
Attachment 3
CONSENT AGREEMENT
IN THE RESOURCE MANAGEMENT AND PLANNING APPEALS TRIBUNAL
APPEAL NO. 98/15P
Appellant:
Prime Design
1st Respondent:
Latrobe Council
Party Joined:
Bevan & Gillian Wylie
Address of site:
3 St Georges Crescent, Shearwater
Description:
2 Unit Grouped House Development
DETAILS OF AGREEMENT
1. The Parties agree that the appeal be resolved in the following terms:
(a) By the revision of the proposal plans as follows;
(i)
Locating the additional dwelling further away from the north-western boundary by
increasing the setback from 1.581m to 2.00m;
(ii)
Redesign of the additional dwelling to increase in the setback for the north
western corner of the dwelling from 1.30m to 2.00m from the western title
boundary;
(iii)
Locating the additional dwelling closer to the southern boundary by reducing the
setback from 2.819m to 2.503m.
(b) That the Latrobe Council be directed to issue a permit in accordance with the attached
permit, marked “A”;
(c) That each party pay their own costs.
2. The Parties further submit and declare that they respectfully request that the Tribunal act
upon separate, identical counterparts of this Consent Agreement in order for it to be filed on
or before Friday 8th January 2016 as directed by the Tribunal.
14th December, 2015
Page 546
Signed:
(Prime Design)
Signed:
(Bevan & Gillian Wylie)
Signed:
(Council)
Date signed:
To:
Registrar
Resource Management & Planning Appeals Tribunal
GPO Box 2036
HOBART 7001
[email protected]
14th December, 2015
Page 547
“A”
Latrobe Interim Planning Scheme 2013
Planning Permit DA 138/2015
In accordance with Division 2 of the Land Use Planning and Approvals Act 1993, the Latrobe Council
(Planning Authority) hereby grants a permit –
To:
Prime Design
PO Box 3076
LAUNCESTON TAS 7250
ADDRESS OF LAND:
3 ST GEORGES CRESCENT SHEARWATER
THIS PERMIT ALLOWS FOR:
an additional dwelling unit at 3 St Georges Crescent, Shearwater (PID 7375796), in accordance with
application DA 138/2015, and subject to the following conditions:
1. Consent is for the proposed development at 3 St Georges Crescent, Shearwater
substantially in accordance with endorsed plans, Project No: PD15110-01 Rev. 07,
PD15110-02 Rev. 07, PD15110-03 Rev. 07, PD15110-05 Rev. 07 and PD15110-06
Rev. 07.
2. Consent is for the statutory permitted building setback of 4.00m to be reduced to 1.437m for the
proposed dwelling from the western title boundary.
proposed dwelling from the southern title boundary.
proposed dwelling from the north-western title boundary.
5. The north facing windows of bedroom 1 and the living room must be double glazed and
have obscure glazing or screening.
6. TasWater
The developer shall comply with the conditions, which TasWater has required the planning
authority to include in the permit in accordance with Section 56P(1) of the Water and Sewerage
Industry Act 2008. These conditions are specified in TasWater’s submission to Council,
Reference TWDA 2015/01442-LC, a copy of which is attached and endorsed to be a document
forming part of this permit.
7. Works Within Road Reservation
The existing single 3.6 metre wide driveway located in the road reservation from the
edge of existing roadway to the property boundary is to be used as the primary means
of accessing for the property.
New driveways or alterations/widening to the existing driveway will require Engineering
approval.
All other works, including any variation to driveway width within the road reservation
require engineering approval. With the exception of reshaping and grassing, nature
strips are subject to separate Council approval. In such an instance, a plan of all
proposed works including all landscaping, drainage and the planting of suitable trees
shall be lodged and approved prior to commencing such works. Such works may
require the signing of a licence agreement with Council prior to commencement.
14th December, 2015
Page 548
8. Stormwater
Stormwater discharge from the development and overland flows from the property are
to be connected to the existing private stormwater system within the property. Formed
surfaces are not to direct water to adjoining properties.
The private stormwater system is to be designed by a suitably qualified person in
accordance with AS/NZS3500.3. Minor storm events are to be adequately drained
from the property, which may require the design and installation of an on-site
stormwater detention system in accordance with section 8.11 of AS/NZS3500.3. Major
storm events are to have an appropriate overflow path and shall not cause flooding of
any new building.
9. Should there be any cut or fill greater than 1.0m in depth or height an application must be
lodged with Council for consideration.
10. Council will endorse any stratum plan for the development when all the above conditions are
completed to Council’s satisfaction, or alternatively, a bond lodged with Council to cover
uncompleted works. All bonded works to be completed within 6 months of the stratum plan
being endorsed
Gerald Monson
GENERAL MANAGER
Date of Permit:
14 December 2015
THIS IS NOT A BUILDING PERMIT
Separate Building Approval may be required prior to commencement of this development
and use.
Please check with Council in determining whether the proposed use or development is
exempt.
14th December, 2015
Page 549
NOTES:A
Attention is directed to Sections 61 and 62 of the Land Use Planning and Approvals Act 1993
(as amended) which relate to appeals. These provisions should be consulted directly, but the
following provides a guide as to their content:

A planning appeal may be instituted by lodging a notice of appeal with the Resource
Management & Planning Appeal Tribunal (telephone (03)6233 6464).

Any planning appeal must be instituted within 14 days of the date the Council serves
notice of the decision on the applicant.
B
This permit lapses after a period of two years from the date of granting of this permit if the use
or development has not substantially commenced within that period.
C
A copy of the Council report prepared in relation to this application is available upon request.
D
This permit does not imply that any other approval required under any other by-law or
legislation has been granted.
E
This permit does not constitute authority to erect or construct buildings or works over or upon
any drain or sewer vested in the Council or upon any drainage or other easement whether
registered or statutory.
F
Substantial commencement is considered as the commencement of physical works on site for
a project. This does not include clearing the site or minor excavations.
G
The Building & Construction Industry Training Fund Act introduced a levy of 0.2% of the
estimated value of building or construction work costing more than $12,000. The levy is to be
paid into a fund administered by the Tasmanian Building & Construction Industry Training
Board (TBCITB). The levy must be paid before Council approval can be given for the building
or construction work to commence (building application). If building approval is not required,
the levy must be paid before work commences. The levy can be paid at Council (building
application) or it can be paid to the TBCITB. The project owner must complete a voucher to
accompany payment. Vouchers associated with building work (building application) are
available from Council. Vouchers for other payments are available form the TBCITB. Further
information can be obtained by telephoning the TBCITB on (03) 6223 7804 or the internet site
www.tbcitb.com.au.
Back to Agenda
14th December, 2015
Page 550

PART THREE - Latrobe Council

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