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DEVELOPMENT APPLICATION - City of Clarence · 8/26/2019  · JMG Ref: J163020PH 19 December 2018...

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DEVELOPMENT APPLICATION SD-2019/1 APPLICANT: JMG Engineers & Planners PROPOSAL: 85 Residential Lots, 3 Public Open Space Lots & Road Reserve LOCATION: 74 Sugarloaf Road, RISDON VALE (including 88 & 96 Sugarloaf Road, 18 Downhams Road & 6 Aralia Street) RELEVANT PLANNING SCHEME: Clarence Interim Planning Scheme 2015 ADVERTISING EXPIRY DATE: 26 August 2019 In addition to the Application Form(s), Certificate of Title(s) and any associated consent documents the following information is available on request: Traffic Impact Assessment, Bushfire Report, Infrastructure Report & Landscaping Concept Plan The relevant plans and documents can be inspected at the Council offices, 38 Bligh Street, Rosny Park, during normal office hours until 26 August 2019. Any person may make representations about the application to the General Manager, by writing to PO Box 96, Rosny Park, 7018 or by electronic mail to [email protected]. Representations must be received by Council on or before 26 August 2019. To enable Council to contact you if necessary, would you please also include a day time contact number in any correspondence you may forward. Any personal information submitted is covered by Council’s privacy policy, available at www.ccc.tas.gov.au or at the Council offices.
Transcript

DEVELOPMENT APPLICATIONSD-2019/1

APPLICANT: JMG Engineers & Planners

PROPOSAL: 85 Residential Lots, 3 Public Open Space Lots & Road Reserve

LOCATION: 74 Sugarloaf Road, RISDON VALE (including 88 & 96 Sugarloaf Road, 18 Downhams Road & 6 Aralia Street)

RELEVANT PLANNING SCHEME: Clarence Interim Planning Scheme 2015

ADVERTISING EXPIRY DATE: 26 August 2019

In addition to the Application Form(s), Certificate of Title(s) and any associated consent documents the following information is available on request:

Traffic Impact Assessment, Bushfire Report, Infrastructure Report & Landscaping Concept Plan

The relevant plans and documents can be inspected at the Council offices, 38 Bligh Street, Rosny Park, during normal office hours until 26 August 2019.

Any person may make representations about the application to the General Manager, by writing to PO Box 96, Rosny Park, 7018 or by electronic mail to [email protected]. Representations must be received by Council on or before 26 August 2019.

To enable Council to contact you if necessary, would you please also include a day time contact number in any correspondence you may forward.

Any personal information submitted is covered by Council’s privacy policy, available at www.ccc.tas.gov.au or at the Council offices.

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57

76

75

83

82

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81

66

65

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7 8

6

5

4

3

2

1

34

35

36

37

38

39

46

40

41

4243444547

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101

102

103

20 21

597m²

650m² 480m²

697m² 693m² 666m² 650m² 652m² 582m² 566m²504m²

598m² 580m² 558m² 552m²618m²

563m²

652m²

557m²

564m²

653m²

555m²578m² 581m² 687m²

598m²622m² 618m² 666m²

650m²

508m²

580m²

604m² 624m² 650m² 664m² 720m² 667m² 656m²

541m² 548m² 533m² 538m² 544m² 551m² 557m² 651m²

554m² 582m²

675m²

675m²

675m²

675m²

660m²

975m²

787m²

735m²

724m²

723m²

722m²

1312m²

526m²

526m²

551m²

570m²570m²570m²650m²571m²

650m² 650m² 570m² 570m² 570m² 570m² 570m² 570m² 570m²

692m²

1560m²

759m²

651m² 671m²

24.4

12.8

21.1

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13.3

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56.3

51.3

10.03.0

5.66.4

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49.0

27

33

29748m²

1000m²

2582m²

36.3

10.9

33.5

27.4

12.8

2.07.3

32.7

25.7

32

28

676m²

677m²

This plan has been prepared only for the purpose of obtaining preliminarysubdivsional approval from the local authority and is subject to that approval.

All measurements and areas are subject to the final survey.

Base image by TASMAP (www.tasmap.tas.gov.au), © State of TasmaniaBase data from the LIST (www.thelist.tas.gov.au), © State of Tasmania

Date:

Scale:

24-5-2019

1:750 (A1) Municipality:CLARENCE

Reference:

LAMBH16 9638-12

Proposed SubdivisionTITLE REFERENCE:LOCATION: 74 SUGARLOAF ROAD

C.T.243571/1OWNER: LAMBRAKIS MGH PTY LTD

RISDON VALE

UNIT 1, 2 KENNEDY DRIVECAMBRIDGE 7170PHONE: (03)6248 5898EMAIL: [email protected]: www.rbsurveyors.com

LOCATION PLAN

1:1500 (A3)

Base image by TASMAP (www.tasmap.tas.gov.au) © State of Tasmania

LOT DETAILS PLAN

10m x 15m Rectangle (position & orientation complies with A2)

10m x 15m Rectangle (position complies with A2 but orientation does not)

Lot designated for Multiple Dwellings

Stage 1 - lots 7 - 18, lots 57 - 61 (17 Lots)

Stage 3 - lots 2 - 6, lots 70 - 76 (12 Lots)

Stage 4 - lots 27 - 29, lot 32, lot 41, lots 66 - 69, lots 81 - 87, P.O.S 103 (16 lots)

Stage 5 - lot 1, lots 43 - 56 (15 Lots)

Stage 6 - lots 33 - 40, lot 42 (9 Lots)

Stage 2 - lots 19 - 26, lots 62 - 65, lots 77 - 80, P.O.S 101 & 102 (16 lots)

PROPOSED STAGING

SU

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AF

RO

AD

10

9 1112 13 14 15 16 17 18

19

22 23 24 2526

57

76

75

83

82

8786 85 84

7778 79 80

81

66

65

58 59 60 61 62 63 64

74 73 72 71 70 69 68 67

7 8

6

5

4

3

2

1

34

35

36

37

38

39

46

40

41

4243444547

56 55 54 53 52 51 50 49 48

101

102

103

20 21

597m²

650m² 480m²

697m² 693m² 666m² 650m² 652m² 582m² 566m²504m²

598m² 580m² 558m² 552m²618m²

563m²

652m²

557m²

564m²

653m²

555m²578m² 581m² 687m²

598m²622m² 618m² 666m²

650m²

508m²

580m²

604m² 624m² 650m² 664m² 720m² 667m² 656m²

541m² 548m² 533m² 538m² 544m² 551m² 557m² 651m²

554m² 582m²

675m²

675m²

675m²

675m²

660m²

975m²

787m²

735m²

724m²

723m²

722m²

1312m²

526m²

526m²

551m²

570m²570m²570m²650m²571m²

650m² 650m² 570m² 570m² 570m² 570m² 570m² 570m² 570m²

692m²

1560m²

759m²

651m² 671m²

P.O.S

P.O.S

P.O.S

27

33

748m²

1000m²

32

2829

676m²

677m²

2582m²

This plan has been prepared only for the purpose of obtaining preliminarysubdivsional approval from the local authority and is subject to that approval.

All measurements and areas are subject to the final survey.

Base image by TASMAP (www.tasmap.tas.gov.au), © State of TasmaniaBase data from the LIST (www.thelist.tas.gov.au), © State of Tasmania

Date:

Scale:

24-5-2019

1:750 (A1) Municipality:CLARENCE

Reference:

LAMBH16 9638-12

Proposed SubdivisionTITLE REFERENCE:LOCATION: 74 SUGARLOAF ROAD

C.T.243571/1OWNER: LAMBRAKIS MGH PTY LTD

RISDON VALE

UNIT 1, 2 KENNEDY DRIVECAMBRIDGE 7170PHONE: (03)6248 5898EMAIL: [email protected]: www.rbsurveyors.com

LOCATION PLAN

1:1500 (A3)

Base image by TASMAP (www.tasmap.tas.gov.au) © State of Tasmania

STAGING PLAN

JMG Ref: J163020PH

19 December 2018

General Manager Clarence City Council Via email – [email protected]

Attention: Bruce Gibbs

Dear Bruce,

DEVELOPMENT APPLICATION – 74 SUGARLOAF ROAD, RISDON VALE - SUBDIVISON

JMG Engineers and Planners have been engaged by IMTKS Pty Ltd to prepare a

development application for the subdivision of land at 74 Sugarloaf Road, (CT

243571/1). Planning permit SD-2017/30 provides planning permission for the

subdivision of the subject site into 71 lots. The plan of subdivision has been

substantially altered as a result of the detailed design process since this permit

was issued necessitating the further application for subdivision. Note the sewer

through 16 Marlock Street, Risdon Vale (CT 108429/1) approved under the SD-

2017/30 permit is no longer required. Council engineers are aware of the

proposed changes through detailed design pre-submission discussion.

This letter includes the following supporting documentation:

• Attachment A – Application Form

• Attachment B - Title Information

• Attachment C - Plan of Subdivision and Staging Plan

• Attachment D – Bushfire Report

• Attachment E – Traffic Impact Assessment

• Attachment F – Infrastructure Report; and

• Attachment G - Stormwater Report

The subdivision generates the following discretions under the Clarence Interim

Planning Scheme 2015 (‘the Planning Scheme’) :

• Clause 10.6.1 Lot Design (P2)(P3)(P4)(P5)

• Clause 10.6.2 Roads (P1)

• Clause 10.6.2 Ways and Public Open Space (P1)

• F6.8.1 Infrastructure (P1)(P3)

This letters serves to assess the development against the relevant clauses of the

Planning Scheme.

Received 08.01.2019

Page 2

1. Subject Site

The subject site is land located at 74 Sugarloaf Road, Risdon Vale (CT).

The site has a total area of approximately 7.6 ha and is located to the east of

Sugarloaf Road and north of Hyden Road, as shown in Figure 1. The site has a

north/north-westerly aspect.

The site is on the southern edge of the Risdon Vale settlement and is between

fragmented rural allotments. The site is characterised by degraded pasture with some

remnant woodland trees classified as dry eucalypt forest and woodland (Figure 2).

There is one existing access point, located midway along the 189.1 m frontage to

Sugarloaf Road.

The area adjoining is predominantly low density residential and large environmental

living allotments. The site adjoins general residential land to the north (6 Aralia

Court), ‘Particular Purpose’ land to the immediate south (88, 92 & 96 Sugarloaf Road)

and general residential further south (1 & 60 Elaia Drive).

Title information is provided under Attachment B.

Figure 1 – Subject Site

Received 08.01.2019

Page 3

Figure 2 – TASVEG Mapping

Title information is enclosed as Attachment A.

2. Proposed Use and Development

The proposed development is the subdivision of land into 87 residential lots, three

public open space lots and associated road reserves. The residential lots range in size

from 480 m2 to 978 m2, with frontages ranging in width from 3.7 m (lots 29-32) to 33.1

m on a single frontage. All residential lots can accommodate a 10 m by 15 m building

envelope, however several lots (46, 56 and 66) can only accommodate this rectangle

with the shortest side parallel to the frontage. However, all lots contain sufficient

area for the provision of on-site parking, an area of private open space and sufficient

frontage width to allow for safe access and egress of vehicles and pedestrians.

The subdivision will have access via a new road connected to Sugarloaf Road and a

connection to Aralia Street via the approved subdivision of 6 Aralia Street. The

subdivision will also provide for two future connections on the southern boundary of

the site. The road reserve width is either 18 m or 20 m minimum width. No cul-de-

sac terminations are proposed. The only dead end roads are provided to enable future

road connections.

A Plan of Subdivision and Staging Plan are enclosed as Attachment B.

Received 08.01.2019

Page 4

3. Planning Assessment

The proposed development has been assessed in accordance with the relevant

provisions of the Clarence Interim Planning Scheme 2015 (‘the Planning Scheme’).

The subject site is zoned General Residential and is subject to the Bushfire-Prone

Areas overlay and the 74 Sugarloaf Road Specific Area Plan (Figure 3).

Figure 3 - Zoning

3.1 General Residential Zone

The subject site is zoned General Residential. The applicable standards of that zone

are addressed herein.

Residential subdivision is a ‘permitted’ use in the zone under clause 10.2. The

proposed development becomes discretionary if it relies on a performance criteria to

comply with an applicable standard in accordance with clause 8.8.

3.1.1 Lot Design

10.6.1 Lot Design

A1

The size of each lot must comply with the

minimum and maximum lot sizes specified in

Table 10.1, except if for public open space,

riparian or littoral reserve or utilities.

P1

The size of each lot must satisfy all of the

following:

(a) Variance above the maximum lot size in Table 10.1 only to the extent necessary due to demonstrated site constraints;

(b) Be consistent with any applicable Local Area Objectives or Desired Future Character Statements for the area.

Received 08.01.2019

Page 5

The minimum lot size is 557 m2. The maximum lot size is 1312 m2 (Lot 39), however

this lot is designated as a multiple dwelling lot; the next largest lot is 978 m2. All lots

adjoining or opposite public open space are between 508 m2 and 598 m2.

The proposal complies with A1.

A2

The design of each lot must provide a

minimum building area that is rectangular in

shape and complies with all of the following,

except if for public open space, a riparian or

littoral reserve or utilities:

(a) Clear of the frontage, side and rear boundary setbacks;

(b) Not subject to any codes in this planning scheme;

(c) Clear of title restrictions such as easements and restrictive covenants;

(d) Has an average slope of no more than 1 in 5;

(e) The long axis of the building area faces north or within 20 degrees west or 30 degrees east of north;

(f) Is 10 m x 15 m in size.

P2

The design of each lot must contain a

building area able to satisfy all of the

following:

(a) Be reasonably capable of accommodating residential use and development;

(b) Meets any applicable standards in codes in this planning scheme;

(c) Enables future development to achieve maximum solar access, given the slope and aspect of the land;

(d) Minimizes the need for earth works, retaining walls, and fill and excavation associated with future development;

(e) Provides for sufficient useable area on the lot for both of the following;

i) On-site parking and maneuvering;

ii) Adequate private open space.

All lots contain a rectangular, 10 x 15 m (f) building envelope clear of easements and

covenants (c) and with an average slope of approximately 1 in 9 (d). Whilst all lots

achieve the minimum front setback requirements, proposed lots 11 – 19, 21-27, 42-45,

47-55, 67-74,77-80, 85-87 do not achieve the minimum 1.5 m side setback or

orientation requirements. All lots are also subject to the Bushfire Prone Areas Code

(c), therefore the Performance Criteria must be addressed.

All lots within the subdivision have a site area that is capable of accommodating a 10 x

15 m envelope and an area of private open space, consistent with P1(a). All applicable

standards from Codes at the subdivision level have been addressed in this report.

There are no impediments to compliance with the applicable standards P1(b).

The layout of the subdivision does not impede future development from obtaining

reasonable solar access. Further, lots that do not achieve the orientation required

under (e) have an east to north-west orientation and will achieve good solar access

(c).

The proposed layout of the subdivision does not require the construction of additional

roads to that approved under SD-2010/18. Excavation fill and piping has been

minimised by providing steep lots (i.e. lots 30 - 40) with larger site areas (d).

Each lot within the subdivision has sufficient useable area to provide on-site parking

and manoeuvring as well as adequate private open space with a northerly aspect (e).

The proposal is acceptable when considered against P2.

Received 08.01.2019

Page 6

A3

The frontage of each lot must comply with

the minimum and maximum frontage

specified in Table 10.2, except if for public

open space, a riparian or littoral reserve or

utilities or if an internal lot.

P3

The frontage of each lot must satisfy all of

the following:

(a) Provides opportunity for practical and safe vehicular and pedestrian access;

(b) Provides opportunity for passive surveillance between residential development on the lot and the public road;

(c) Is no less than 6m.

Corner lots must have a minimum frontage of 15 m on both frontages. All other lots

must have a minimum 15 m frontage. All lots comply with the acceptable solution

with the exception of lots 19, 26-33, 46, 65, 66, and 87. However, lots 29-32 are

internal lots. Therefore, the performance criteria must be addressed.

The lots with sub-minimum frontage have a minimum frontage of 9.0 m (lots 46 and

65) (c), which is considered to easily provide opportunity for safe vehicular and

pedestrian access (a) and for passive surveillance (b).

The proposal is acceptable upon consideration of the performance criteria.

A4

No lot is an internal

lot.

P4

An internal lot must satisfy all of the following:

(a) The lot gains access from a road existing prior to the planning scheme coming into effect, unless site constraints make an internal lot configuration the only reasonable option to efficiently utilize land;

(b) It is not reasonably possible to provide a new road to create a standard frontage lot;

(c) The lot constitutes the only reasonable way to subdivide the rear of an existing lot;

(d) The lot will contribute to the more efficient utilization of residential land and infrastructure;

(e) The amenity of neighboring land is unlikely to be unreasonably affected by subsequent development and use;

(f) The lot has access to a road via an access strip, which is part of the lot, or a right-of-way, with a width of no less than 3.6 m;

(g) Passing bays are provided at appropriate distances to service the likely future use of the lot;

(h) The access strip is adjacent to or combined with no more than three other internal lot access strips and it is not appropriate to provide access via a public road;

(i) A sealed driveway is provided on the access strip prior to the sealing of the final plan;

(j) The lot addresses and provides for passive surveillance of public open space and public rights of way if it fronts such public spaces.

Lots 29-32 are internal lots, contrary to A1. Therefore, the performance criteria must

be addressed.

Received 08.01.2019

Page 7

The road did not exist prior to the planning scheme coming into effect. This lot

configuration is the most efficient way to utilise the land (a)(d).

To maximise the lot layout, it is not possible to create a standard frontage lot (b).

Sub-criterion (c) is not applicable.

Subsequent development and use will likely be single dwelling development typical of

this size of lot and therefore very unlikely to unreasonably affect neighbouring land

(e).

Lots 29-32 have a minimum frontage and access width of 3.7 m (f).

The shared driveway for lots 29-32 will include passing bays compliant with both the

Parking and Access Code and the Bushfire-Prone Areas Code (g).

There are 3 access strips and a public road would not be appropriate (h).

A sealed driveway will be provided prior to sealing of the final plan (i).

Sub-criterion (j) is not applicable.

A5

Subdivision is for no

more than 3 lots.

P5

Arrangement and provision of lots must satisfy all of the following;

(a) Have regard to providing a higher net density of dwellings along; (i) Public transport corridors; (ii) Adjoining or opposite public open space, except

where the public open space presents a hazard risk such as bushfire;

(iii) Within 200 m of business zones and local shops; (b) Will not compromise the future subdivision of the entirety

of the parent lot to the densities envisaged for the zone; (c) Staging, if any, provides for the efficient and ordered

provision of new infrastructure; (d) Opportunity is optimized for passive surveillance between

future residential development on the lots and public spaces;

(e) Is consistent with any applicable Local Area Objectives or Desired Future Character Statements.

The proposed subdivision is for a total of 87 lots and three public open space lots,

therefore the Performance Criteria must be addressed.

A metro bus route (route 310) services the site along Sugarloaf Road (a)(i).

A total of three public open space lots are proposed within the subdivision, with each

lot being within 200 m of an area of public open space, ensuring good amenity to

residents and encouraging a sense of community within the subdivision. The proposed

public open space lots are a maximum of 1560 m² in area and will not present a

bushfire hazard risk (a)(ii).

Whilst the site is not 200 m from a business zone or local shops, it is within close

proximity to the Risdon Vale local shops which are approximately 250 m from the site

(a)(iii).

The entirety of the parent lot is proposed to be subdivided as part of this application.

Therefore, (b) does not apply.

Received 08.01.2019

Page 8

The subdivision is proposed to be constructed across 6 stages. As the subdivision is for

the development of 87 new residential lots, staging the construction works will allow

for the efficient and ordered provision of new infrastructure, consistent with (c).

Frontages are sufficient to enable passive surveillance of public areas (d).

There are no Local Area Objectives or Desired Future Character Statements (e).

Based on the above compliance with P5 is achieved.

3.1.2 Roads

10.6.2 Roads

A1

The

subdivision

includes no

new road.

P1

The arrangement and construction of roads within a subdivision must satisfy

all of the following:

(a) the appropriate and reasonable future subdivision of the entirety of any

balance lot is not compromised;

(b) the route and standard of roads accords with any relevant road network

plan adopted by the Planning Authority;

(c) the subdivision of any neighbouring or nearby land with subdivision

potential is facilitated through the provision of connector roads and

pedestrian paths, where appropriate, to common boundaries;

(d) an acceptable level of access, safety, convenience and legibility is

provided through a consistent road function hierarchy;

(e) cul-de-sac and other terminated roads are not created, or their use in

road layout design is kept to an absolute minimum;

(f) connectivity with the neighbourhood road network is maximised;

(g) the travel distance between key destinations such as shops and services

is minimised;

(h) walking, cycling and the efficient movement of public transport is

facilitated;

(i) provision is made for bicycle infrastructure on new arterial and collector

roads in accordance with Austroads Guide to Road Design Part 6A;

(j) multiple escape routes are provided if in a bushfire prone area.

The road layout approved under SD-2010/18 is to remain the same in the proposed

subdivision, however it still involves the creation of new roads and therefore the

Performance Criteria have been addressed.

The entirety of the balance lot is proposed to be subdivided, therefore P1(a) is not

applicable.

The proposed road network is consistent with the road network plan under Schedule 1

of the Specific Area Plan relevant to the site P1(b).

The land directly to the south of the subject site, 96 Sugarloaf Road, has subdivision

potential and provision for connector roads and pedestrian paths have been made

P1(c).

Received 08.01.2019

Page 9

The proposed road layout is consistent to that approved under the original subdivision

(SD-2010/18). The road design includes an efficient grid layout which is easily legible

for pedestrians and drivers P1(d).

No cul-de-sac roads are proposed P1(e).

A public road connection to Sugarloaf Road is proposed, thus maximising connectivity

with the existing road network, consistent with P1(f).

The maximum travel distance from the subdivision to a local business zone is

approximately 700 m P1(g).

Providing a linear public open space network, a new public road connection to

Sugarloaf Road and the close proximity to a public transport network encourages

residents to walk and cycle between points of interest (e.g. parks and local shops) and

encourages the use of public transport (P1)(h).

No arterial or collector roads are proposed (P1)(i).

The proposed road network provides 4 potential escape routes in the case of a

bushfire emergency, though the road connection to the south will depend upon the

future subdivision of that land. The proposed road connection to the north will be

connected once 6 Aralia Street is subdivide (approval for subdivision have been given

under permit SD-2017/42) (P1)(j).

The proposal is acceptable upon consideration of the performance criteria.

3.1.3 Ways and Public Access

10.6.3 Ways and Public Open Space

A1

No

Acceptable

Solution.

P1

The arrangement of ways and public open space within a subdivision must

satisfy all of the following:

(a) connections with any adjoining ways are provided through the provision

of ways to the common boundary, as appropriate;

(b) connections with any neighbouring land with subdivision potential is

provided through the provision of ways to the common boundary, as

appropriate;

(c) connections with the neighbourhood road network are provided through

the provision of ways to those roads, as appropriate;

(d) convenient access to local shops, community facilities, public open space

and public transport routes is provided;

(e) new ways are designed so that adequate passive surveillance will be

provided from development on neighbouring land and public roads as

appropriate;

(f) provides for a legible movement network;

(g) the route of new ways has regard to any pedestrian & cycle way or

public open space plan adopted by the Planning Authority;

(h) Public Open Space must be provided as land or cash in lieu, in

accordance with the relevant Council policy;

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(i) new ways or extensions to existing ways must be designed to minimise

opportunities for entrapment or other criminal behaviour including, but not

limited to, having regard to the following:

(j) the width of the way;

(ii) the length of the way;

(iii) landscaping within the way;

(iv) lighting;

(v) provision of opportunities for 'loitering';

(vi) the shape of the way (avoiding bends, corners or other

opportunities for concealment).

There are no existing connections with adjoining ways, (a) is not applicable. It is

proposed that the linear public open space network will connect to the proposed

public open space lots within the proposed subdivision on 6 Aralia Street, north of the

site. The location of the public open space on 6 Aralia is dependent on a minor

amendment.

No new ways are proposed to the adjoining lots to the south, however pedestrian

access will be maintained with the area of public open space on lot 103, consistent

with (b).

Lot 102 provides a public way from the southern road to the northern road of the

subdivision. Public footpaths will be required to provide ways to the rest of the

neighbourhood road network, consistent with (c).

The site is within 250 m from the Risdon Vale local shops, Housing Tasmania

‘neighbourhood centre’ facility, and within 400 m of the Risdon Vale Primary School,

Hall and Oval thus providing convenience for residents. A total of three areas of public

open space are proposed within the subdivision, further contributing to amenity and

lifestyle for the residents. Additionally, a metro bus route currently services Sugarloaf

Road, allowing easy access to public transport services (d).

The proposed public open space lots are 20 m wide providing good surveillance from

road frontage. All public open space lots adjoin at least one residential lot enabling

passive surveillance from adjoining lots (e).

The pedestrian network will align with the proposed road network which is a simple

grid pattern layout, ensuring good legibility and ease of movement for pedestrians (f).

No pedestrian, cycle way or public open space plan has been adopted by Council for

the site (g).

Five public open space lots are proposed within the subdivision and are to be handed

over to Council at the completion of works (h).

The proposed public open space lots will be provided with sufficient width, length and

lighting to ensure the safe movement of pedestrians (i)(ii)(iv). Landscaping will be

kept low, to maintain site lines and pedestrian paths will avoid corners and bends to

minimise the opportunity for concealment. Further, several lots have side boundaries

that adjoin the areas of public open space, thus further improving the opportunity for

passive surveillance of this area (i).

The proposal is consistent with P1.

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3.2 Services

10.6.4 Services

A1

Each lot must be connected to a reticulated potable water

supply.

P1

No Performance Criteria.

Each proposed lot will be connected to a reticulated water supply, compliant with A1.

A2

Each lot must be connected to a reticulated sewerage system.

P2

No Performance

Criteria.

Each proposed lot will be connected to a reticulated sewerage system, compliant with

A2.

A3

Each lot must be connected to a Stormwater

system able to service the building area by

gravity.

P3

If connection to a Stormwater system is

unavailable, each lot must be provided

with an on-site Stormwater management

system adequate for the future use and

development of the land.

Each lot is connected to the Council stormwater system on Sugarloaf Road via gravity

reticulation, compliant with A3.

A4

The subdivision includes no new road.

P4

The subdivision provides for the

installation of fibre ready facilities (pit

and pipe that can hold optical fibre line)

and the underground provision of

electricity supply.

The subdivision includes new roads, therefore the Performance Criteria must be

addressed. Allowance will be made for the installation of fibre ready facilities and the

provision of underground electricity supply, consistent with A4.

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3.3 Bushfire Prone Areas Code

The proposed subdivision is within the Bushfire Prone Areas Overlay and therefore

triggers section E1.0 of the Planning Scheme.

Subdivision: Provision of hazard management areas

E1.6.1.1 Subdivision: Provision of hazard management areas

A1

(a) TFS or an accredited person certifies that there is an insufficient increase in risk from

bushfire to warrant the provision of hazard management areas as part of a subdivision; or

(b) The proposed plan of subdivision:

(i) shows all lots that are within or partly within a bushfire-prone area, including those

developed at each stage of a staged subdivisions;

(ii) shows the building area for each lot;

(iii) shows hazard management areas between bushfire-prone vegetation and each building

area that have dimensions equal to, or greater than, the separation distances required for BAL

19 in Table 2.4.4 of AS 3959 – 2009 Construction of Buildings in Bushfire Prone Areas; and

(iv) is accompanied by a bushfire hazard management plan for each individual lot, certified by

the TFS or accredited person, showing hazard management areas greater than the separation

distances required for BAL 19 in Table 2.4.4 of AS 3959 – 2009 Construction of Buildings in

Bushfire Prone Areas; and

(v) applications for subdivision requiring hazard management areas to be located on land that

is external to the proposed subdivision must be accompanied by the written consent of the

owner of that land to enter into a Part 5 agreement that will be registered on the title of the

neighbouring property providing for the affected land to be managed in accordance with the

bushfire hazard management plan.

An updated Bushfire Report and Bushfire Hazard Management Plan has been prepared

for the subdivision layout. All lots are located within a bushfire-prone area. The

BHMP demonstrates the building area on each lot. All lots have hazard management

areas sufficient for BAL-19 development.

Written consent for hazard management areas on adjacent land is included in the

Bushfire Report in Attachment B.

The proposal complies with A1(b).

Subdivision: Public and firefighting access

E1.6.1.2 Subdivision: Public and fire fighting access

A1

(a) TFS or an accredited person certifies that there is an insufficient increase in risk from

bushfire to warrant specific measures for public access in the subdivision for the purposes of

fire fighting; or

(b) A proposed plan of subdivision showing the layout of roads and fire trails, and the location

of property access to building areas, and which complies to the extent necessary with Tables

E3, E4 & E5, is included in a bushfire hazard management plan certified by the TFS or

accredited person.

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All roads within the proposed subdivision are capable of complying with Tables E3, E4

& E5, consistent with A1(b).

Subdivision: Provision of water supply for firefighting purposes

E1.6.1.3 Subdivision: Provision of water supply for fire fighting purposes

A1

In areas serviced with reticulated water by the water corporation:

(a) TFS or an accredited person certifies that there is an insufficient increase in risk from

bushfire to warrant the provision of a water supply for fire fighting purposes; or

(b) A bushfire hazard management plan certified by the TFS or an accredited person

demonstrates that the provision of water supply for fire fighting purposes is sufficient to

manage the risks to property and lives in the event of a bushfire; or

(c) A proposed plan of subdivision showing the layout of fire hydrants, and building areas, is

included in a bushfire hazard management plan approved by the TFS or accredited person as

being compliant with Table E6.

The enclosed BHMP prescribes that fire hydrants be installed in accordance with the

Director’s Determination Version 2.1, ensuring that each lot will have access to a

reticulated water supply, consistent with A1(c).

3.4 Road and Railway Assets Code

As the development will require a new junction for access, the Road and Railway

Assets Code applies (clause E5.2 (a)). Therefore, the applicable standards of that

Code have been addressed.

A Traffic Impact Assessment has been prepared and is included as Error! Reference

source not found..

E5.5.1 Existing road accesses and junctions

A1

The annual average daily traffic (AADT) of vehicle movements, to and from a

site, onto a category 1 or category 2 road, in an area subject to a speed limit

of more than 60km/h , must not increase by more than 10% or 10 vehicle

movements per day, whichever is the greater.

P1

The speed limit on Sugarloaf Road at the proposed junction is 50 km/h. Therefore, A1

is not applicable.

A2

The annual average daily traffic (AADT) of vehicle movements, to and from a

site, using an existing access or junction, in an area subject to a speed limit of

more than 60km/h, must not increase by more than 10% or 10 vehicle

movements per day, whichever is the greater.

P2

The speed limit on Sugarloaf Road at the proposed junction is 50 km/h. Therefore, A2

is not applicable.

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A3

The annual average daily

traffic (AADT) of vehicle

movements, to and from

a site, using an existing

access or junction, in an

area subject to a speed

limit of 60km/h or less,

must not increase by

more than 20% or 40

vehicle movements per

day, whichever is the

greater.

P3

Any increase in vehicle traffic at an existing access or junction

in an area subject to a speed limit of 60km/h or less, must be

safe and not unreasonably impact on the efficiency of the road,

having regard to:

(a) the increase in traffic caused by the use;

(b) the nature of the traffic generated by the use;

(c) the nature and efficiency of the access or the junction;

(d) the nature and category of the road;

(e) the speed limit and traffic flow of the road;

(f) any alternative access to a road;

(g) the need for the use;

(h) any traffic impact assessment; and

(i) any written advice received from the road authority.

The development includes a new junction. Therefore, A3 is not applicable.

No access is proposed over a rail network therefore Clause E5.5.2 is not applicable.

E5.6.1 Development adjacent to roads and railways

A1.1

Except as provided in A1.2, the following development must be located at

least 50m from the rail network, or a category 1 road or category 2 road, in an

area subject to a speed limit of more than 60km/h:

(a) new buildings;

(b) other road or earth works; and

(c) building envelopes on new lots.

A1.2

Buildings, may be:

(a) located within a row of existing buildings and setback no closer than the

immediately adjacent building; or

(b) an extension which extends no closer than:

(i) the existing building; or

(ii) an immediately adjacent building.

P1

The proposed building is located over 50 m from the rail network or a category 1 or 2

road A1.1(a). No other road or earthworks are proposed within 50 m of the rail

network or a category 1 or 2 road A1.1(b). No new lots are proposed A1.1(c).

Therefore, the proposal complies with A1.1.

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E5.6.2 Road accesses and junctions

A1

No new access or junction to roads in an area subject to a speed limit of more than

60km/h.

P1

The speed limit for Sugarloaf Road is 50 km/h. Therefore, the proposed junction

complies with A1.

A2

No more than one access providing both entry and exit, or two accesses providing

separate entry and exit, to roads in an area subject to a speed limit of 60km/h or less.

P2

No new access is proposed. Therefore, A2 is not applicable.

No new level crossings are proposed over an existing rail network, therefore the

provisions of Clause E5.6.3 is not applicable.

E5.6.4 Sight distance at accesses, junctions and level crossings

A1

Sight distances at:

(a) an access or junction must comply with the Safe Intersection Sight Distance shown

in Table E5.1; and

(b) rail level crossings must comply with AS1742.7 Manual of uniform traffic control

devices - Railway crossings, Standards Association of Australia.

P1

The Traffic Impact Assessment (Error! Reference source not found.) reviewed the

sight distances at the junction to Sugarloaf Road and the sight distances were found

more than adequate to meet current guidelines and requirements A1(a). The minimum

SISD required is 80 m; the site has a minimum SISD of 110 m.

There are no rail level crossings proposed therefore A1(b) is not applicable.

3.5 Parking and Access Code

The Parking and Access Code applies to all use and development as per clause E6.2.

No use or development is exempt from the Code (E6.4.1).

The applicable standards have therefore been addressed.

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E6.7.1 Number of Vehicular Accesses

A1

The number of vehicle access points provided

for each road frontage must be no more than

1 or the existing number of vehicle access

points, whichever is the greater.

P1

The number of vehicle access points for each

road frontage must be minimized, having

regard to all of the following:

(a) Access points must be positioned to minimize the loss of on-street parking and provide, where possible, whole car parking spaces between access points;

(b) Whether the additional access points can be provided without compromising any of the following:

(i) Pedestrian safety, amenity and convenience;

(ii) Traffic safety; (iii) Residential amenity on

adjoining land; (iv) Streetscape; (v) Cultural heritage values if

the site is subject to the Local Historic Heritage Code;

(vi) The enjoyment of any ‘al fresco’ dining or other outdoor activity in the vicinity.

The proposed subdivision will result in the removal of the existing private access off

Sugarloaf Road and the creation of a new public road. All residential lots will have a

single access from the frontage. The proposal is consistent with A1.

E6.7.2 Design of Vehicular Accesses

A1

Design of vehicle access points must comply

with all of the following:

(a) in the case of non-commercial vehicle

access; the location, sight distance, width

and gradient of an access must be designed

and constructed to comply with section 3 –

“Access Facilities to Off-street Parking Areas

and Queuing Areas” of AS/NZS 2890.1:2004

Parking Facilities Part 1: Off-street car

parking;

(b) in the case of commercial vehicle access;

the location, sight distance, geometry and

gradient of an access must be designed and

constructed to comply with all access

driveway provisions in section 3 “Access

Driveways and Circulation Roadways” of

P1

Design of vehicle access points must be

safe, efficient and convenient, having

regard to all of the following:

(a) Avoidance of conflicts between users including vehicles, cyclists and pedestrians;

(b) Avoidance of unreasonable interference with the flow of traffic on adjoining roads;

(c) Suitability for the type and volume of traffic likely to be generated by the use or development;

(d) Ease of accessibility and recognition for users.

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AS2890.2 - 2002 Parking facilities Part 2: Off-

street commercial vehicle facilities.

Access to Lots 29-32 will be in accordance with applicable Australian Standards,

compliant with A1.

E6.7.3 Vehicular Passing Areas Along an Access

A1

Vehicular passing areas must:

(a) be provided if any of the following applies

to an access:

(i) it serves more than 5 car parking spaces;

(ii) is more than 30 m long;

(iii) it meets a road serving more than 6000

vehicles per day;

(b) be 6 m long, 5.5 m wide, and taper to the

width of the driveway;

(c) have the first passing area constructed at

the kerb;

(d) be at intervals of no more than 30 m

along the access.

P1

Vehicular passing areas must be provided in

sufficient number, dimension and siting so

that the access is safe, efficient and

convenient, having regard to all of the

following:

(a) Avoidance of conflicts between users including vehicles, cyclists and pedestrians;

(b) Avoidance of unreasonable interference with the flow of traffic on adjoining roads;

(c) Suitability for the type and volume of traffic likely to be generated by the use or development;

(d) Ease of accessibility and recognition for users.

The shared access for Lots 29-32 is greater than 30 m (a) and will provide passing bays

compliant with (b)(c) and (d). The layout will be finalised during detailed design. An

indicative layout in shown in the Bushfire Hazard Management Plan. The proposal

complies with A1.

E6.7.4 On-Site Turning

A1

On-site turning must be provided to enable

vehicles to exit a site in a forward direction,

except where the access complies with any of

the following:

(a) it serves no more than two dwelling units;

(b) it meets a road carrying less than 6000

vehicles per day.

P1

Onsite turning will be provided for lots 29-32 as detailed in the Bushfire Hazard

Management Plan (a). The proposal complies with A1.

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E6.7.14 Access to a Road

A1

Access to a road must be in accordance with

the requirements of the road authority.

P1

No performance criteria.

Access to Sugarloaf Road is in accordance with the Clarence Interim Planning Scheme

2015, which is the regulatory instrument of the road authority, compliant with A1.

3.6 Stormwater Management Code

The Stormwater Management Code applies to all development requiring management

of stormwater in accordance with clause E7.2.1. No development is exempt from this

code (E7.4.1). The applicable standards of this code have been addressed.

E7.7.1 Stormwater Drainage and Disposal

A1

Stormwater from new impervious surfaces

must be disposed of by gravity to public

stormwater infrastructure.

P1

Stormwater from new impervious surfaces

must be managed by any of the following:

(a) Disposed of on-site with soakage devices having regard to the suitability of the site, the system design and water sensitive urban design principles;

(b) Collected for re-use on the site; (c) Disposed of to public Stormwater

infrastructure via a pump system which is designed, maintained and managed to minimize the risk of failure to the satisfaction of the Council.

Stormwater from new impervious surfaces will be disposed of by gravity to the Council

stormwater system in Sugarloaf Road, compliant with A1.

A2

A stormwater system for a new development

must incorporate water sensitive urban design

principles R1 for the treatment and disposal

of stormwater if any of the following apply:

(a) the size of new impervious area is more

than 600 m2;

(b) new car parking is provided for more than

6 cars;

(c) a subdivision is for more than 5 lots.

P2

A Stormwater system for a new

development must incorporate a

Stormwater drainage system of a size and

design sufficient to achieve the

Stormwater quality and quantity targets in

accordance with the State Stormwater

Strategy 2010, as detailed in Table E7.1

unless it is not feasible to do so.

The proposed subdivision is greater than 5 lots, therefore the stormwater system must

incorporate water sensitive urban design principles. A bioretention swale is included in

the roadside curb drainage which will achieve nutrient reduction required by the

MUSIC modelling (Attachment E). Therefore, the proposal complies with A2.

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A3

A minor stormwater drainage system must be

designed to comply with all of the following:

(a) be able to accommodate a storm with an

ARI of 20 years in the case of non-industrial

zoned land and an ARI of 50 years in the case

of industrial zoned land, when the land

serviced by the system is fully developed;

(b) stormwater runoff will be no greater than

pre-existing runoff or any increase can be

accommodated within existing or upgraded

public stormwater infrastructure.

P3

No Performance Criteria.

The proposed stormwater drainage system will be designed to accommodate a 5% AEP

event (ARI of 20 years) as detailed in the Infrastructure Report (Attachment E)

complying with (a) and the stormwater run-off will be decreased through the removal

of impervious surfaces as part of the proposal, thus complying with (b). Therefore,

the proposal complies with A3.

A4

A major Stormwater drainage system must be

designed to accommodate a storm with an ARI

of 100 years.

P4

No Performance Criteria.

The kerb drainage system is designed to cater for a 100 year ARI event, conveying

surface water from the site into either detention basins located in the areas of public

open space or into the stormwater system in the Sugarloaf Road reserve, thus

complying with A4.

3.6.1 Specific Area Plan – 74 Sugarloaf Road

F6.8.1 Infrastructure

A1

The subdivision:

(a) is minor boundary adjustment that

maintains the minimum lot size and

dimensions of each lot; or

(b) does not involve the creation of new road

lots and would not prevent the

implementation of the Road Layout Plan in

Schedule 1 of this Plan; or

(c) generally accords with the Road Layout

Plan in Schedule 1 of this Plan.

P1

The proposed road layout:

(a) provides street and pedestrian connectivity into

adjoining lots, and;

(b) minimises access points onto Sugarloaf Road,

and;

(c) maximises street frontages to lots created, and

(d) maximises the number of north-south or east-

west orientated lots.

The proposed subdivision is not a minor boundary adjustment, contrary to A1(a).

Therefore, the performance criteria must be addressed.

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The proposed road layout includes one street/pedestrian connection north to 6 Aralia

Street and two connections to the properties south of the site P1(a).

The proposed road layout includes one access point onto Sugarloaf Road as per the

Road Layout Plan P1(b).

The proposal includes 87 residential lots and three public open space lots; 84 of the

residential lots have full 15m street frontages P1(c).

More than 90% of lots have north-south or east-west orientation P1(d).

The proposal is acceptable upon consideration of the performance criteria.

A2

The stormwater detention is in accordance

with the Stormwater Management Plan in

Schedule 2 of this Plan.

P2

The proposed stormwater detention areas maintain

the north-south linear parkway through the centre

of the subject sites.

The attached Infrastructure Report shows that the proposed stormwater retention

infrastructure is in accordance with the Stormwater Management Plan in Schedule 2 of

the 74 Sugarloaf Road Specific Area Plan. The stormwater system is unchanged from

SD-2010/18 and is also consistent with the JMG stormwater report which underpinned

the Specific Area Plan.

The proposal is considered compliant with Clause F6.8.1 A2.

A3

Subdivision is

not staged.

P3

(a) Staging provides for the efficient installation and delivery of services.

(b) Staging provides for the early transfer of Public Open Space lots.

The proposed subdivision will be constructed across 6 stages, therefore the

Performance Criteria has been addressed. The proposed subdivision will result in the

creation of 87 new residential lots. Staging the construction will allow for the efficient

installation of services and cost effective delivery of lots (a).

3 of the 4 areas of public open space are located within stages 1 and 3, ensuring the

early transfer of public open space lots (b).

The proposal is acceptable upon consideration of the performance criteria.

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4. Summary

This proposal seeks to obtain a permit for the subdivision of 74 Sugarloaf Road

and 16 Marlock Street, Risdon Vale into 86 lots in accordance with the Clarence

Interim Planning Scheme 2015.

The application for subdivision generates the following discretions:

• Clause 10.6.1 Lot Design (P2)(P3)(P4)(P5)

• Clause 10.6.2 Roads (P1)

• Clause 10.6.2 Ways and Public Open Space (P1)

• F6.8.1 Infrastructure (P1)(P3)

The discretions are considered acceptable based on the reasons outlined in this

assessment.

If Council requires any further information or clarification with respect to this

application, please contact me at [email protected].

Yours faithfully

JOHNSTONE McGEE & GANDY PTY LTD

Dana Elphinstone TOWN PLANNER

Received 08.01.2019


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