Level 3, 144 Macquarie Street Hobart Tasmania GPO Box 1691 Hobart TAS 7001 Ph: 03 6165 6828 Email: [email protected]www.planning.tas.gov.au Our ref: DOC/19/122030 Officer: Mitch Clark Phone: 03 6165 6822 Email: [email protected]30 October 2019 Mr Andrew Paul General Manager Clarence City Council PO Box 96 ROSNY PARK TAS 7018 By email: [email protected]Attention: Dan Ford Dear Mr Paul Clarence Interim Planning Scheme 2015 Amendment A-2018-3 & permit SD-2018-56 Rezone 102 and 106 Pass Road, Rokeby from Particular Purpose Zone 1 - Urban Growth to General Residential and 28 lot subdivision Further to the hearing of this matter held on 17 October 2019, the delegates have decided, under section 42 of the former provisions of the Land Use Planning and Approvals Act 1993 (the Act), to grant approval to this draft amendment. Permit SD-2018-56 has been modified under section 43H(1)(b)(ii) of the Act. Council should administratively issue a fresh copy of the permit, including the modifications required by the Commission’s decision, and provide the modified permit to the applicant. The Commission has specified that the approved amendment and permit come into operation on 5 November 2019. The Commission will make the necessary amendments to the planning scheme for viewing on the iplan website. Please find enclosed a copy of the delegates decision and approved amendment. In accordance with section 42(3)(d) of the Act, Council is required to give notice of the decision and in this respect your attention is drawn to regulation 8 of the Land Use Planning and Approvals Regulations 2014. If you require further information please contact Mitch Clark, Planning Adviser, on 03 6165 6822. Yours sincerely Karen Fyfe Planning Assessment Coordinator
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Level 3, 144 Macquarie Street Hobart Tasmania GPO Box 1691 Hobart TAS 7001 Ph: 03 6165 6828 Email: [email protected]
Rezone 102 and 106 Pass Road, Rokeby from Particular Purpose Zone 1 - Urban Growth to General Residential and 28 lot subdivision
Further to the hearing of this matter held on 17 October 2019, the delegates have decided, under section 42 of the former provisions of the Land Use Planning and Approvals Act 1993 (the Act), to grant approval to this draft amendment.
Permit SD-2018-56 has been modified under section 43H(1)(b)(ii) of the Act. Council should administratively issue a fresh copy of the permit, including the modifications required by the Commission’s decision, and provide the modified permit to the applicant.
The Commission has specified that the approved amendment and permit come into operation on 5 November 2019. The Commission will make the necessary amendments to the planning scheme for viewing on the iplan website.
Please find enclosed a copy of the delegates decision and approved amendment.
In accordance with section 42(3)(d) of the Act, Council is required to give notice of the decision and in this respect your attention is drawn to regulation 8 of the Land Use Planning and Approvals Regulations 2014.
If you require further information please contact Mitch Clark, Planning Adviser, on 03 6165 6822.
References to provisions of the Land Use Planning and Approvals Act 1993 (the Act) are references to the former provisions of the Act as defined in Schedule 6 – Savings and transitional provisions of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Act) 2015. The former provisions apply to an interim planning scheme that was in force prior to the commencement day of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Act) 2015. The commencement day was 17 December 2015.
Amendment A-2018-3 – rezone 102 and 106 Pass Road, Rokeby from Particular Purpose Zone 1 - Urban Growth to General Residential
Permit SD-2018-56 – development by subdivision of 28 lots and associated road, services and site works at 102, 106 and 118 Pass Road, Rokeby and 50 Minno Street, Howrah
Planning authority Clarence City Council
Applicant Ireneinc Planning & Urban Design
Date of decision 22 October 2019
Decision
The draft amendment is approved under section 42 of the Land Use Planning and Approvals Act 1993.
The permit is modified under subsection 43H(1)(b)(ii) of the Land Use Planning and Approvals Act 1993, as set out in Annexure A.
A draft amendment under section 34(1)(a) to rezone 102 and 106 Pass Road, Rokeby (CT 175688/1 and 2) from Particular Purpose Zone 1 - Urban Growth Zone to General Residential Zone.
Permit
A combined permit under section 43A for land at 102 and 106 Pass Road, Rokeby (CT 175688/1 and 2), and 118 Pass Road (CT 177319/202) and 50 Minno Street, Howrah (CT 175966/200) to be developed by subdivision for 28 lots and associated road, services and site works. The site of the combined permit has an area of 2.841ha.
The lots range in size from 520m2 to 948m2 and are capable of being developed for not less than 41 dwellings, at a net density of approximately 16 dwellings/ha.
No change to the boundary of 102 Pass Road is proposed by the subdivision, although the existing access via right-of-way to Pass Road is to be replaced by direct connection to a new road.
Site information
The site is an irregular property located off Pass Road, Rokeby, approximately 620m north of the South Arm Highway.
The site forms part of the upper terraces of the Clarence Rivulet, with the Rivulet located to the east of the site, separated from the site by Pass Road and other land. The site has an elevation generally between 50m and 60m on the Australian Height Datum (Tas) 1983 (AHD83), with gentle slopes towards Pass Road to the east.
The land at 102 Pass Road is vacant and undeveloped, while 106 Pass Road is used for Residential and developed with a single dwelling, shed and associated works. The land that is part of 50 Minno Street is vacant and undeveloped. It is part of a previously approved staged subdivision for the whole of 50 Minno Street (SD-2015/35).
Adjoining land is generally used for Resource development (vineyard) to the north and residential to the west and south.
Access to 102 and 106 Pass Road is from frontage to Pass Road to the east, a local road under the care and maintenance of the council. Access to 50 Minno Street is from Lumsden Street through an adjoining subdivision. The site is within the sewerage and reticulated water supply areas and is fully serviced.
The site is part of the Clarence Interim Planning Scheme 2015 (planning scheme). Both 102 and 106 Pass Road are within the Particular Purpose Zone 1 - Urban Growth Zone, while 50 Minno Street is within the General Residential Zone. The site is also subject to the Bushfire-Prone Areas overlay and the F10.0 North Glebe Hill Specific Area Plan overlay on 50 Minno Street, which applies only to that part of the site at 50 Minno Street.
Surrounding land is in the Rural Resource Zone to the north, the Particular Purpose Zone 1 - Urban Growth Zone to the east and the General Residential Zone to the south and west.
One representation was received from the applicant, raising the following issues:
• the applicant has no objection to the draft amendment; and • the method for calculating payment instead of public open space.
On 25 February 2019, TasWater provided a Submission to the Planning Authority Notice (SPAN) under section 56S and 56P of the Water and Sewerage Industry Act 2008. Under subsection 56P(1), TasWater is taken to be a representor under former subsection 43F(5).
TasWater did not object to the draft amendment to planning scheme and had no formal comments for the Tasmanian Planning Commission in relation to the draft amendment and did not require to be notified of nor attend any subsequent hearings. TasWater provided conditions for inclusion in the combined permit under subsection 56P(1) of the Water and Sewerage Industry Act 2008.
Planning authority’s response to the representations
The planning authority considered the representations at its meeting of 19 August 2019 and resolved that:
A. That Council resolves, under Section 39(2) of the Land Use Planning and Approvals Act, 1993 to advise the Tasmanian Planning Commission that it considers the merits of the representation does not warrant modification to draft Amendment A-2018/3.
B. That Council resolves, under Section 43F of the Land Use Planning and Approvals Act, 1993 to advise the Tasmanian Planning Commission that it considers the merits of the representation warrant the modification to Condition 3 of the draft Permit SD-2018/56. Specifically, Condition 3 of the draft Permit should be modified to require a POS contribution relating to 5% of the value of the area of land in the approved plan described as Lots 104-122 only.
C. That the details and conclusions included in the Associated Report be recorded as the reasons for Council’s decision in respect of this matter.
Date and place of hearing
The hearing was held at the Commission’s office on Level 3, 144 Macquarie Street, Hobart on 17 October 2019.
The delegates made an inspection of the site before the hearing.
Appearances at the hearing
Planning authority: Mr Dan Ford, Strategic Planner (land use planning)
Applicant: Ms Jacqui Blowfield, Senior Planner (land use planning)
Other: Mr Ian Roberts (Director, Hobart Properties & Securities Pty Ltd)
Consideration of the draft amendment
1. Under section 40 of the Land Use Planning and Approvals Act 1993 (the Act), the Commission is required to consider the amendment and the representations, statements and recommendations contained in the planning authority’s section 39 report.
2. A hearing was convened to assist the Commission consider the issues in the representations.
3. The amendment has been initiated and certified by the Clarence City Council, in its capacity as planning authority, and further supported in the reports under sections 35 and 39.
4. Under subsection 32(1), in the opinion of the relevant decision-maker, a draft amendment:
(a)-(d) . . .
(e) must, as far as practicable, avoid potential for land use conflicts with use and development permissible under the planning scheme applying to the adjacent area;
(ea) must not conflict with the requirements of section 30O;
(f) must have regard to the impact that the use and development permissible under the amendment will have on the use and development of the region as an entity in environmental, economic and social terms.
5. Subsection 32(1)(e) is not considered relevant to the draft amendment as the land does not adjoin an adjacent planning area.
6. Under subsection 32(2), the provisions of subsection 20(2)-(9) inclusive apply to the amendment of a planning scheme in the same manner as they apply to a planning scheme.
7. Section 30O includes that:
(1) An amendment may only be made under Division 2 or 2A to a local provision of a planning scheme, or to insert a local provision into, or remove a local provision from, such a scheme, if the amendment is, as far as is, in the opinion of the relevant decision-maker, practicable, consistent with the regional land use strategy for the regional area in which is situated the land to which the scheme applies.
8. The planning authority says the zoning proposed by the draft amendment is unlikely to introduce any land use conflict with the adjoining land zoned General Residential to the south and west, and submits the zone change essentially represents a minor shift in the current alignment that is unlikely to introduce any land use conflict.
9. The planning authority considers the draft amendment is consistent with the relevant requirements of section 20 specified in subsection 32(2).
Land Use Strategy
10. The site is located within the Greater Hobart area of the Southern Tasmania Regional Land Use Strategy 2010 – 2030 (the regional strategy).
11. The planning authority‘s section 35 report identifies that the site is within the Urban Growth Boundary (UGB); is sufficiently serviced; and represents a shift from future urban to urban. Further, that the draft amendment will provide for residential infill at a density and in an area identified by the regional strategy for this purpose.
12. The planning authority and the applicant were directed to make submissions clarifying how the draft amendment is as far as is practicable, consistent with SRD2 of the regional strategy, in particular:
a. if the site is for infill development, as described in the glossary of the regional strategy; and if so, whether consistency with SRD 2.7 can be established; or
b. if the subject site is for greenfield development, whether consistency with SRD 2.8, which aims for a 10-15 year supply of greenfield residential land when calculated on a whole of settlement basis for Greater Hobart.
13. In its further submission, the planning authority submits that, as the site is within the UGB and not a Greenfield Development Precinct, it is therefore an infill site. The planning authority says that no figures on infill development in the southern region are available. However, anecdotally there has been more greenfield than infill development in Clarence since the regional strategy was declared. Also, that the additional lots from the subdivision represent only 1% of the infill growth for Clarence under SRD2.7 of the regional strategy.
14. For these reasons, the planning authority submits the draft amendment is consistent with the regional land use strategy, and furthers SRD2, and SRD2.7 in particular.
15. The applicant submits that the site is within the UGB and not identified as within a Densification Area or Greenfield Development Precinct of the regional strategy, and submits the development is therefore infill.
16. The applicant further submits that ‘the site is consistent with a Greyfield Site as it has been a low density and therefore underutilised residential site in what is now an urban environment’.
17. The applicant notes that the allowance for infill development in Clarence for the 25-year planning period would average 79 dwellings per year but no statistical data has been collected for the region since the regional strategy was declared in 2011. Anecdotally, the applicant considers much of the urban growth in Clarence has been in greenfield areas.
18. The applicant submits that the site would provide an additional 20 lots, which would be the equivalent of 1% of the infill growth target for Clarence, or 1.5% if all lots were developed to their maximum dwelling potential, which is consistent with the regional strategy’s target growth.
19. The applicant concludes that the draft amendment is consistent with the relevant regional policies and specifically consistent with the management of residential growth on a whole of settlement basis.
Commission’s consideration
20. The Commission accepts the submissions of the planning authority and applicant that the rezoning and subdivision of the site is for infill development.
21. It is for development within the UGB (and is zoned Particular Purpose Zone 1 - Urban Growth Zone) and is for the redevelopment of a greyfield site.
22. In the absence of any regional data on residential dwelling numbers and considering the relatively small area of the site, the Commission finds the draft amendment complies, as far as is practicable, with the regional strategy for settlement and residential development in greater Hobart.
State Policies and Resource Management and Planning System Objectives
23. The Commission finds that no State Policies are relevant to the draft amendment and that it seeks to further the Objectives of the Resource Management and Planning System in Schedule 1.
Decision on draft amendment
24. The Commission finds that the draft amendment is in order and gives it approval.
25. Under section 43H, the Commission is required to review the planning authority’s decision as reported under section 43F.
26. The applicant’s representation relates specifically to condition 3 which provides:
Council has formed the opinion that the subdivision will or is likely to increase the demand for public open space and as no or no sufficient or acceptable provision has been made in the proposal plan for public open space it has been determined that payment of a cash contribution (“the Contribution”) in lieu of public open space equal to 5% of the value of the area of land in the approved plan described as Lots 58-64 and 104-122 is required in accordance with the provisions of Section 117 of the Local Government (Building and Miscellaneous Provisions) Act 1993.
27. The applicant’s representation identifies that the permit includes land in a previously approved subdivision development for which an open space contribution had been made. In particular, the applicant says Lot 64 is consistent with the previous subdivision plan, while lots 58 to 63 are increased in size only, which the applicant submits does not increase the demand for recreation.
28. The applicant also says the subdivision development includes public open space for a walkway between the new cul-de-sac and Pass Road of 350m2, which is equivalent to 2% of the area of the new subdivision, and that the size and proportion of this public open space is suitable for recreation.
29. For these reasons, the applicant seeks revision of Condition 3 to require no more than 3% of the value of lots 104 to 122.
30. In its section 39 report, the planning authority accepted previous subdivision of 50 Minno Street (SD-2015/35) provided public open space which was transferred to the council as part of stage 2 of that development and that the proposed Lots 64, and 58-63 do not increase the demand for public open space. Further, that Lot 103 generates no more demand than the existing parent lot at 106 Pass Road, so that a public open space contribution is not required for Lot 103.
31. The planning authority submits Condition 3 of the draft permit be modified to require a payment instead of public open space of 5% of the value of Lots 104 to 122 only.
32. In relation to the walkway, the planning authority says that section 5.11 of the council’s current public open space policy1 provides that land for pedestrian access-ways should not be transferred to council as POS [5.11 (iv)].
33. The planning authority considers that the walkway is not suitable for recreation and provides no other function than a pedestrian access-way.
34. The applicant submits the proposed public open space is consistent with the Policy, in that it:
• is an area of land which provides an area of land on top of the land intended for the utilitarian function of the path;
• will add to the social and passive recreational opportunity available for the community;
• facilitates the physical and visual connectivity through the residential area; and
1 Clarence City Council (2013): public open space Policy, Clarence City Council, 11 Nov 2013, viewed at <https://www.ccc.tas.gov.au/wp-content/uploads/2018/10/public-open-space-policy.pdf> on 18 Oct 2019.
• facilitates connectivity to other area of recreational land in the local area.
35. The applicant notes that the originally submitted subdivision plan included a 4m wide x 30m long footway lot, connecting to the end of the proposed cul-de-sac to Pass Road. Following a request by the planning authority, the walkway was widened to 10m.
36. The applicant says that the area of the public open space/footway not utilised directly by the utilitarian function of the path, will provide passive recreational amenity to users and facilitate multiuser connectivity consistent with Policy for the provision of public open space, and therefore warrants further reduction of the payment instead of public open space contribution to account for the area of land beyond the constructed footway.
37. At the hearing, the planning authority advised that the council had recently adopted a standard 10m width for walkways and that this was not considered to be for open space use.
38. The applicant noted the proposed walkway was straight and only 35m long and said this could safely be reduced to 4m wide without impacting on its utility or safety. The applicant considered that a 10m wide walkway would be used by children as an informal meeting and play space for activity such as informal ball sports. The applicant submitted that the payment instead of public open space should be reduced by 50% of the value of the walkway to reflect the recreational values of the land.
Commission’s consideration
39. The Commission agrees with the planning authority that the permit should be modified to require payment instead of public open space, calculated by excluding Lots 58 to 64 inclusive and Lot 103.
40. The Commission also agrees there is a size for land provided for use by the public as part of a subdivision development that should be considered as public open space even if it includes a walkway.
41. Without deciding on what this area may be, the Commission accepts the applicant’s submission that the payment instead of public open space should be reduced by 50% of the value of the proposed walkway between the new cul-de-sac and Pass Road to reflect its recreational values.
42. Condition 3 of the permit should be modified accordingly.
Resource Management and Planning System Objectives
43. The Commission finds that the permit seeks to further the Objectives of the Resource Management and Planning System in Schedule 1.
Modification to permit conditions
44. At the hearing, the applicant submitted a draft staging plan for the development which will:
a) allow for lots that are more integrated with the neighbouring western subdivision to be completed in a coordinated way; and
b) divides the remaining lots in to 2 parts to allow for timed release.
45. The Commission agrees to the permit being modified to include a staging plan, and Condition 1 is to be modified to refer to the staging plan under which comprises Lots 58-63 in Stage 1; Lots 64, 103-112 and 122-123 in Stage 2; and Lots 113-112 in Stage 3.
46. Condition 2 is to be modified to require that works undertaken on public holidays are to observe the same hours as works undertaken on a Sunday.
47. Condition 3, relating to open space, is to be modified as discussed above.
48. Condition 11 is unnecessary and should be deleted, noting condition 7 already addresses stormwater drainage design.
49. Condition 13 is to be revised to remove reference to a building permit as the permit relates only to subdivision and development for buildings will be the subject of subsequent permits.
50. Minor editorial changes to the wording are also included.
TasWater conditions
51. The TasWater notice to the planning authority provided conditions to be included in the permit under sections 56P of the Water and Sewerage Industry Act 2008.
52. Condition 18 on the TasWater notice provides for the payment by the developer of a fee for development assessment and for consent to register a legal document.
53. This condition is not for a proper planning purpose2 and is to be removed, but may be included as advice.
Decision on permit
54. The Commission modifies the conditions attached to the permit granted by the planning authority, as set out above.
Attachments
Annexure A – Modified permit
2 See Western Australian Planning Commission v Temwood Holding Pty Ltd [2004] HCA 63 at 57 and 60
This permit is granted, subject to the following conditions:
General Conditions:
*1. The use or development must only be undertaken in accordance with the endorsed staged proposal plan prepared by Leary and Cox Land and Engineering Surveyors, numbered 10276 sheet 1/1 and dated 21/10/19 and any permit conditions, and must not be altered without the consent of Council.
*2 Development must only proceed in accordance with the approved stages as set out in the endorsed staged proposal plan.
*3. Works associated with excavations, road construction and other activities associated with the development are only to be undertaken between the following hours: Monday - Friday 7.00am to 6.00pm Saturday 9.00am to 6.00pm Sunday and Public Holidays 10.00am to 6.00pm
*4. Council has formed the opinion that the subdivision will or is likely to increase the demand for public open space and as no or no sufficient or acceptable provision has been made in the proposal plan for public open space it has been determined that payment of a cash contribution (“the Contribution”) in lieu of public open space equal to 5% of the value of the area of land in the approved plan described as Lots 104-123 and 50% of the walkway located between lots 115 and 116 only is required in accordance with the provisions of Section 117 of the Local Government (Building and Miscellaneous Provisions) Act 1993..
The amount of the Contribution is to be based on a valuation (“the Valuation”) of the specified lots by the Valuer General. Unless otherwise specified in this condition, the Valuation is to be as at the date of lodgement of the final plan of the subdivision for sealing at which time Council will instruct the Valuer General to provide the Valuation.
The landowner must pay the Valuer General’s fee for any Valuation before sealing of the final plan to which the Valuation relates.
The final plan will not be sealed until the Contribution has been paid.
Where a staged subdivision is proposed the landowner must elect in writing at the time of lodging the final plan for the first stage to either have the Valuation done and pay the Contribution for: • the lots proposed in all stages of the subdivision in which such case the lots will be
valued as at the date of lodgement of the final pan for the first stage, or • the lots proposed in stage 1 only and to have a further Valuation done and pay a
separate Contribution for each subsequent stage. In this case, the Valuation of the lots in stage 1 will be as at the date of lodgement of the final plan for that stage and the Valuation of the lots in any subsequent stage will be as at the date of lodgement for sealing of the final plan for that stage.
References in this condition to payment of a Contribution include the provision of security for the same in the form of a bond by the landowner to pay the Contribution which is supported by a bank guarantee. Each of the bond and the guarantee are to be in a form acceptable to Council.
Note: There may be a delay in the sealing of the final plan to facilitate the valuation process. This may be a consideration for landowners with staged subdivisions when electing to pay collectively as one lump sum or alternatively prior to the sealing of each stage.
Council Property Conditions:
*5. Any lots described as “public open space”, “public access way”, “road”, “to be acquired by the Highway Authority” or other land designated to become public land on the Final Plan must be transferred to the Council for a nominal sum of $1.00 and must be accompanied by a Memorandum of Transfer to the Clarence City Council, all documentation in relation to discharges of any Mortgages, withdrawal of caveats, and all other relevant registrable dealings. This Transfer must be executed by the vendor, identifying the lot(s) to be transferred and the applicant is responsible for all Land Titles Office fees and charges and duty in relation to the document.
The applicant remains responsible for ensuring that any Land Titles Office requisitions are effectively resolved and the applicant must meet the costs of such requisitions.
Engineering Conditions:
*6. Each lot must be provided with a minimum 3.0m wide constructed and sealed access from the road carriageway to the property boundary in accordance with Standard Drawing TSDR09 (Urban) (copy available from Council). All internal lots must have a 3.6m minimum width driveway constructed to the body of the lot, with appropriate drainage. This access must be inspected by Council’s Clerk of Works prior to sealing or pouring new concrete.
Following construction, the crossover must be maintained or repaired by the owner in accordance with any directions given by Council to the owner and at the owner’s expense.
*7. Engineering designs, prepared by a suitably qualified person, are required for: • road design (including line marking); • road stormwater drainage; • lot accesses; • stormwater drainage; • POS walkway
and must show the extent of any vegetation removal proposed for these works and be designed in conjunction with any landscaping plan requirement. Such designs must be submitted to and approved by Council’s Group Manager Asset Management and must clearly describe what works are being undertaken for each approved stage of the development.
In accordance with Council’s adopted fee schedule, a fee of 1% of the contract fee or certified construction cost will be charged for the approval of these plans and is payable upon their lodgement. A ‘start of works’ permit must be obtained prior to the commencement of any works.
For the Final Plan to be sealed prior to the completion of the works or the expiry of the “on maintenance” period a bond must be paid and an agreement entered into in accordance with Council Policy. Please note that the bond for the “on-maintenance” period is 5% the cost of the construction.
Works for all stages shown on the design plans must be commenced within 2 years of the date of their approval or the engineering designs will be required to be resubmitted.
*8. Driveways, parking areas and other areas accessible to vehicles must be constructed in bituminous concrete or concrete, providing for adequate stormwater drainage, prior to the commencement of the use. Details of the construction must be submitted to and approved by Council’s Group Manager Asset Management prior to the commencement of any works.
*9. The owner must, at their expense, repair any Council services (e.g. pipes, drains) and any road, crossover, footpath or other Council infrastructure that is damaged as a result of any works carried out by the developer, or their contractors or agents pursuant to this permit. These repairs are to be in accordance with any directions given by the Council.
If the owner does not undertake the required repair works within the timeframe specified by Council, the Council may arrange for the works to be carried out at the owner’s expense.
*10. Any existing services on the land must be contained within a single lot. For any services extending beyond the property boundary, a suitable easement must be created on the affected titles and the service replaced in PVC or copper type A for water.
*11. To prevent unauthorised vehicular access to the public walkway, access points must be obstructed with 100mm (min) diameter posts set 1.2m (max) apart. Two posts must be removable but capable of being locked in position. The design of these posts must be approved by Council’s Group Manager Asset Management.
*12. Erosion and sedimentation control works must be installed prior to the commencement of works. The design of the erosion and sedimentation control works must be in accordance with the Hobart Regional Soil and Water Management on Building and Construction Sites document and approved by Council’s Group Manager Asset Management.
*13. A weed and hygiene management plan identifying how vehicle and machinery hygiene will be managed and methods to control weeds, must be submitted to and approved by Council’s Group Manager Engineering Services prior to commencement of works. The plan must: • reference any Weeds of National Significance and Declared Weeds under the Weed
Management Act; • address the spread of weed contaminated soil, weed material and soil-based
pathogens in accordance with the Tasmanian Washdown Guidelines for Weed and Disease Control;
• identify the weed species, initial treatment, on-going management and maintenance period thereof. The plan may include manual removal of larger plants and/or chemical control as recommended by the relevant Government department; and
• include a detailed breakdown of estimated costs.
The Final Plan and Schedule of Easements for any stage will not be sealed until the weed and hygiene management plan for that stage has been implemented and maintained to the satisfaction of Council’s Group Manager Engineering Services. Alternatively, a bond of 1.5 times the estimated cost of works associated with implementing the weed and hygiene management plan for that stage must be submitted prior to sealing. The bond will be held as security to ensure both development and maintenance of each lot is undertaken in accordance with the approved plan until each of the newly created lots are sold or the management period has expired, whichever comes first. The bond is to be a cash deposit or a bank guarantee.
*14. The Final Plan and accompanying Schedule of Easements must describe all existing easements and any additional easements required in respect of all Council infrastructure required to service the lots in a form to the satisfaction of Council’s relevant / delegated officer.
*15. Street construction, including line marking, concrete kerbs, gutters and footpaths with bitumen roads, must be carried out to the requirements of Council’s Local Highways Standard Requirements By-Law. Pavement designs must be based upon laboratory soaked CBR values. Line marking must be in thermoplastic material.
*16. The new road must join with existing road construction in a smooth and continuous fashion and extend to the boundaries of the balance lot.
*17. All stormwater designs for the development must include Water Sensitive Urban Design principles to achieve stormwater quality and quantity targets in accordance with the State Stormwater Strategy 2010. Detailed engineering designs accompanied with a report on all stormwater design parameters and assumptions (or the MUSIC model) must be submitted to Council’s Group Manager Engineering Services for approval prior to the issue of the approved engineering drawings. This report is to include the maintenance management regime/ replacement requirements for any treatment facilities.
*18. Suitable covenants must be included in the Schedule of Easements to: (a) prohibit all structures and works, including impervious areas, requiring
connection to stormwater or sewer services, within on lots 107 – 110 below the service pipelines and connection points; and
(b) prohibit vehicle access and egress to Pass Road.
Additional covenants or other controls must not be included on the titles to the lots created by the subdivision where they are in conflict with any provisions of, or seek to prohibit any use provided for within, the relevant Planning Scheme applying to the lot.
*19. All services, including the street lighting system, must be underground and within the road reserve or covered by a suitable easement.
*20. A 2.5m wide concrete walkway is to be designed and constructed through the walkway reserve from the subdivisional road to the Pass Road reservation with the design and gradients suitable to connect to the future multi-user path along Pass Road.
Environmental Health Conditions:
*21. Accumulated vegetation or the like must be managed by: (a) chipping/mulching for removal or reuse on the site; or (b) removal from the site to a location to be approved by Council’s Senior
Environmental Health Officer prior to such removal; or (c) removal to a waste management facility licensed to take such material (receipts
must be retained as proof of disposal location); or (d) other method approved in writing by Council’s Senior Environmental Health
Officer.
No on-site burning of materials is permitted unless approved in writing by Council’s Senior Environmental Health Officer and the burn conducted in accordance with any directions given.
No on-site burning will be approved within 500m of a habitable building.
The burning of accumulated building debris (including paper, cardboard, plastic, wood etc.) is not permitted and must be removed from the site and disposed of at a waste management facility licensed to take such material.
TasWater Conditions:
*22. The development must meet all required Conditions of Approval specified by TasWater notice, dated 25 February 2019 (TWDA 2018/00949-CCC), except for condition 18(a).
*permit conditions modified by the decision of the Tasmanian Planning Commission dated 22 October 2019.
