PLANNING AUTHORITY 3 - Meander Valley Council · Senior Strategic Planner 1) Recommendation It is recommended that Council: 1. Pursuant to Sections 33(3) and 34(1)(a) of the former

PLANNING AUTHORITY 3

Reference No. 170/2020

AMENDMENT 2/2020 – BLACKSTONE HEIGHTS LOCAL BUSINESS ZONE - 2

PANORAMA ROAD, BLACKSTONE HEIGHTS

AUTHOR: Jo Oliver

Senior Strategic Planner

1) Recommendation

It is recommended that Council:

1. Pursuant to Sections 33(3) and 34(1)(a) of the former provisions

of the Land Use Planning and Approvals Act 1993, initiate Draft

Amendment 2/2020 to the Meander Valley Interim Planning

Scheme 2013 to:

a) Rezone certificate of title 169236/2 and part of certificate of

title 146423/2 from Low Density Residential Zone to Local

Business Zone, in accordance with the attached certification

document at Attachment A; and

b) Insert a Specific Area Plan as F7 Blackstone Heights Local

Business Specific Area Plan, in accordance with the attached

certification document at Attachment A.

2. Pursuant to Section 35, certify the draft amendment as being in

accordance with Sections 30O and 32 of the Land Use Planning

and Approvals Act 1993.

2) Officers Report

An application has been made under Section 33 of the Land Use Planning and

Approvals Act (LUPAA) 1993 by Woolcott Surveys on behalf of Tasland

Developments for an amendment to the Meander Valley Interim Planning

Scheme 2013 to:

Rezone 6.5 hectares of land at 2 Panorama Road Blackstone Heights

from Low Density Residential Zone to Local Business Zone;

Meander Valley Council Ordinary Meeting Agenda - 8 September 2020 Page 552

Insert a Specific Area Plan (SAP) over the Local Business Zone to provide

for:

- a specific range of uses;

- setbacks for buildings and mechanical equipment;

- building design;

- 500m2 allowance for floor area; and

- a building site coverage of 15%.

The application is supported by a report prepared by the applicant that

provides the detail of the proposal and addresses the requirements of LUPAA

and the standards of the planning scheme. The report is included at Attachment

B and forms the basis of Council’s consideration of the draft amendment.

Upon initiation and certification of the draft amendment, Council is required to

forward the amendment to the Tasmanian Planning Commission (TPC), who will

assess the proposal and determine whether to approve or reject the draft

amendment. The TPC may also request additional information.

The proposed rezoning of the land follows a development approval for a

restaurant and local shop on the site, which has commenced with site

excavation and preparation. The land also contains a contractor’s yard and

storage shed in the north eastern corner, accessed via Neptune Drive.

Figure 1: Aerial photo showing the land proposed

to be rezoned to Local Business Zone

outlined in blue. (Source: www.thelist.tas.

gov.au – as amended)


Figure 2: Site plan of approved restaurant and local shop at 2 Panorama Road,

Blackstone Heights.

Figure 3: Elevations of approved restaurant and local shop at 2 Panorama Road,

Blackstone Heights.


The submissions in the applicant’s report are generally supported, however

some additional analysis is provided below.

Zoning and Development Standards

The land is currently included in the Low Density Residential Zone that

encompasses most of Blackstone Heights. The Restaurant and local shop were

approved under the provisions of this zone in a prior planning scheme, however

the current Low Density Residential Zone is very limited in regard to non-

residential uses that would provide opportunities for diversification and value

adding to the approved development.

The current zone classifies all non-residential use as discretionary and allows for

medical services, local shop, community meeting and entertainment (if not a

cinema or function centre), sports and recreation, visitor accommodation and

utilities.

Figure 4: Current zoning with land proposed for rezoning to Local

Business Zone outlined in blue.


Rezoning the land to Local Business Zone provides opportunities for additional

uses that can strengthen the commercial viability of the site as well as provide

for enhanced amenity for local residents of the area. The draft amendment

proposes to tailor the uses on the site to provide for a more appropriate

outcome for the Blackstone Heights context.

It is noted that the decision on this draft amendment will not likely be made by

the TPC before the Tasmanian Planning Scheme – Meander Valley Local

Provisions Schedule is operational. Schedule 6 of the LUPAA includes savings

and transitional provisions for draft amendments that have been initiated and

certified by the planning authority before the Tasmanian Planning Scheme is

operational. The transitional provisions provide for a draft amendment to

continue in the assessment process, as if it were an amendment to the Local

Provisions Schedule. In anticipation of this outcome, the uses allowable under

the future Local Business Zone are considered.

A table comparing the uses currently allowable, the future Local Business Zone

uses allowable under the State Planning Provisions and the uses proposed in

this amendment is included in the applicant’s report at Page 9. The draft

amendment allows for the following uses:

‘No permit required’ – If all standards of the planning scheme are met, the use

and development is not required to get a planning permit.

Food Services ( if not for take-away with drive through)

General Retail and hire;

Passive recreation and natural and cultural values management; and

Minor Utilities.

Discretionary: These uses will be publicly notified before a decision is made to

approve refuse an application.

Bulky Goods Sales for garden and landscaping materials suppliers;

Business and Professional Services for medical centre, child health centre,

veterinary clinic and residential support services;

Community meeting and entertainment;

Educational and occasional care;

Emergency Services;

Hotel Industry (bottle shop only);

Research and development;

Residential;

Resource Processing (food and beverage production only);

Sports and recreation;

Storage (only for boat and caravan, self-storage or vehicle storage);

Tourist operation;


Utilities; and

Visitor Accommodation.

Most of the uses are a logical accompaniment to the approved restaurant, such

as a boutique bottle shop, function centre rooms and micro-distilling etc. The

site also provides opportunity for locating medical services or childcare centre

to create an aggregated site that provide for both community services as well as

amenity outcomes such as the restaurant, convenience store and market. Whilst

there is a reasonable prospect of a garden centre, it is not considered that the

site is appropriate for bulk landscape supplies of materials such as gravel, soil,

paving etc. due to the proximity of residential uses. The proposed SAP does not

limit this use to a scale more aligned to plant nursery, therefore it is

recommended that the draft amendment be modified to limit the qualification

to garden centre/plant nursey only.

The draft amendment aligns as closely as possible to the future use and

development standards in the Local Business Zone that will be operational

under the Tasmanian Planning Scheme. The variations proposed suit the

particular spatial and social qualities of the site and the Blackstone Heights

context and in doing so, is consistent with the activity centre hierarchy outlined

in the Northern Tasmania Regional Land Use Strategy (NTRLUS).

The draft amendment furthers the objectives set out in Meander Valley

Council’s strategic documents. The site is identified as a local business activity

centre in the Prospect Vale – Blackstone Heights Structure Plan 2015. This is

discussed in detail on Page 29 of the applicant’s report.

The draft amendment supports the following Future Directions and Strategic

Outcomes of the Meander Valley Community and Strategic Plan 2014-2024:

Future direction (1) - A sustainable natural and built environment

Managing the balance between growth and the conservation of our natural and

built environment is a key issue. Decisions will respect the diversity of community

values, will be fair, balanced and long term in approach. Specific areas are

forestry, protection of our natural, cultural and built heritage, scenic landscape

protection, karst management, salinity, water quality, infrastructure and building

design.

Strategic Outcomes:

1.1 Contemporary planning supports and guides growth and development across

Meander Valley.


Comment:

The key community and economic benefits are discussed in the applicant’s

report against the policies and goals of the NTRLUS, which reflect the

aspirations and outcomes described in Council’s strategic plan. The draft

amendment enables a vibrant and viable community hub capitalising on a

unique local environment.

Future direction (2) - A thriving local economy

Meander Valley needs to respond to changes and opportunities to strengthen and

broaden its economic base. We need to attract investors, build our brand, grow

population, encourage business cooperation, support development and promote

the liveability of Meander Valley.

Strategic Outcomes:

1.1 The strengths of Meander Valley attract investment and provide

opportunities for employment.

1.2 Economic development in Meander Valley is planned, maximising existing

assets and investment in infrastructure.

1.4 A high level of recognition and demand for Great Western Tiers products

and experiences.

The proposed amendment directly furthers the future direction and strategic

outcomes for a thriving local economy. As discussed above, the proposal

enables a range of uses that provide for both community service and retail

amenity.

Overriding Local and Common Provisions

The amendment must demonstrate that the local provisions being inserted into

the Scheme do not conflict with the common provisions or the overriding local

provisions of the Scheme.

Common Provisions:

The common provisions in the Scheme are as follows:

Planning Directive No 1 – the Format and Structure of Planning Schemes;

Planning Directive 4.1 Standards for Residential Development in the

General Residential Zone; and

Planning Directive No 5.1: Bushfire-Prone Areas Code.


The amendment proposes to rezone land and provide for use and development

in accordance with the planning scheme standards for use and development in

the Local Business Zone, with some localised variation in a SAP. The rezoning of

land and ordinance amendments are in a format and structure that is consistent

with Planning Directive No 1 and with a view to transition to the Tasmanian

Planning Scheme.

Overriding Provisions:

A Planning Purposes Notice was issued on the 10 October 2013 for the

Meander Valley Interim Planning Scheme by the then Minister, the Hon Brian

Green MP.

The Planning Purposes Notice remains in effect until the Tasmanian Planning

Scheme is operational and allows for various local provisions to override the

common provisions of the Scheme (outlined above).

Local provisions can override a mandatory common provision in E1.0 Bushfire

Prone Areas Code where there is conflict between this code and the codes listed

below:

E7.0 Scenic Management Code;

E8.0 Biodiversity Code;

E9.0 Water Quality Code;

E13.0 Local Heritage Code;

E15.0 Karst Management Code;

E16.0 Urban Salinity Code.

The amendments proposed are local provisions to be inserted into the Scheme.

The local provision to include a Specific Area Plan over the Local Business Zone

will not override any common provision of the planning scheme.

State Policies

State Policies are discussed at Page 36 of the applicant’s report. The only

applicable State Policy is the State Policy on Water Quality Management

(SPWQM) 1997. As submitted in the applicant’s report, the site has been

previously cleared and is located within an urban context. Future permits will

apply normal standards for the management of stormwater to ensure

appropriate water quality is discharged into the reticulated drainage system at

Blackstone Heights.


Northern Tasmania Regional Land Use Strategy

The NTRLUS is discussed at Page 32 of the applicant’s report. The site is

recognised in the NTRLUS Regional Framework Plan as a future

‘Neighbourhood Centre’. Neighbourhood Centres are described as serving the

daily needs of a community and provide a focus for day-to-day life. Particularly

the NTRLUS policies and actions for activity centres promote strengthening the

role and function of lower order activity centres and consolidating retail

attractions, local employment opportunities, public amenity and services.

The draft amendment is consistent with the NTRLUS.

Schedule 1 Objectives of LUPAA

Compliance with the Schedule 1 Objectives of LUPAA is discussed in detail at

Page 37 in the applicant’s report. The submissions outlined in the applicant’s

report are supported. Particularly the proposed draft amendment will “promote

the health and well-being of all Tasmanians and visitors to Tasmania by ensuring

a pleasant, efficient, safe and environment for working, living and recreation”.

The site will become a much desired community hub which has been absent in

Blackstone Heights. The ability to augment the approved use on the site will

enable a contemporary response to a local market that is not just focussed on

rudimentary service for day to day needs, but can capitalise on a high amenity

environment to create a community gathering place.

Gas Pipelines Act 2000

The site is not located within the vicinity of the Tasmanian Gas Pipeline.

Conclusion

Subject to the recommended modification to the amendment to remove the

potential loophole for bulk landscape supplies use, the application

demonstrates that the proposed draft amendment to apply the Local Business

Zone, together with a SAP, complies with the requirements of LUPAA and is

supported by regional and local strategy. On this basis, it is recommended that

the draft amendment be initiated and certified in accordance with the LUPAA.

The certification documents at Attachment A incorporate the modification

described above.


3) Council Strategy and Policy

Furthers the objectives of the Council’s Community Strategic Plan 2014 to 2024:

Future Direction (1): A sustainable natural and built environment

Future Direction (2): A thriving local economy

4) Legislation

Amendments to the LUPAA to establish the Tasmanian Planning Scheme, were

gazetted on 17 December 2015, however the provisions of the Tasmanian

Planning Scheme do not come into operational effect until such time as Council

completes its Local Provisions Schedule process with the TPC and the Minister

agrees to the approval. In the interim, the process for the consideration of

planning scheme amendments continues in accordance with the LUPAA as it

was written prior to 17 December 2015. These provisions are defined as the

‘former provisions’ in Schedule 6 - Savings and Transitional Provisions in the

amended LUPAA.

5) Risk Management

Not applicable

6) Government and Agency Consultation

The draft amendment was referred to Taswater. Taswater has responded that it

does not object to the draft amendment and has no further interest.

7) Community Consultation

Public notification is a part of the amendment process, whereby upon initiation

and certification of an amendment, Council is required to advertise the

amendment in two Saturday newspapers and exhibit the documents for public

comment for a period of 28 days. Council must consider any public

representations and provide a report to the TPC, who will hold hearings into the

representations, prior to making a decision on the amendment.

8) Financial Consideration

Not applicable.


9) Alternative Recommendations

Council may modify the amendment prior to initiation and certification or not

initiate the amendment.

10) Voting Requirements

Simple majority

DECISION:


Amendment 2-2020 Meander Valley Interim Planning Scheme 2013 Certification Document 1

Certification Map

Map Amendments

1/ Rezone the following Certificates of Title from Low Density Residential Zone to Local Business Zone:

2 Panorama Road, Blackstone Heights CT 169236/2 Part – 12 Neptune Drive, Blackstone Heights CT 146423/2

2/ Amend the planning scheme map to add the outline and notation of the area contained in SAP F7.

Meander Valley Interim Planning Scheme 2013

Amendment 2/2020

SAP F7

Blackstone Road


Ordinance Amendments

1/ Insert F7 – Blackstone Heights Local Business Specific Area Plan into Part F of the Planning Scheme. The Specific Area Plan applies to the following Certificates of Title:

2 Panorama Road, Blackstone Heights CT 169236/2 Part – 12 Neptune Drive, Blackstone Heights CT 146423/2

F7 Blackstone Heights Local Business Specific Area Plan F7.1 Purpose of Specific Area Plan

F7.1.1 The purpose of the Blackstone Heights Local Business Specific Area Plan specific area plan is:

a) To provide for business, retail, administrative, professional, community and entertainment functions which meet the needs of the Blackstone Heights local area.

b) To ensure that the type and scale of use and development does not compromise or distort the activity centre hierarchy.

c) To provide a low density form of local business functions in a landscaped setting with buildings setback from roads and with minimal site cover.

F7.2 Application of Specific Area Plan

F7.2.1 The specific area plan applies to the area of land designated as SAP 7 of the Planning Scheme maps.

F7.3 Use Table

This clause is in substitution for Local Business Zone – clause 20.2 – Use Table.

No Permit Required Use Class Qualification Food Services If not for a take away food premises with a drive through

f General Retail and Hire Natural and Cultural Values Management

Passive Recreation Utilities If for minor utilities. Permitted Use Class Qualification Discretionary Use Class Qualification Bulky Goods Sales If for garden centre (not including bulk landscape materials

supplies)


Business and Professional Services

If for a consulting room, medical centre, veterinary centre, child health clinic, or for the provision of residential support services

Community Meeting and Entertainment

Educational and Occasional Care

Emergency Services Hotel industry If for a bottle shop Research and Development

F7.4 Development Standards for Buildings and Works

F7.4.1 Setbacks

This clause is in substitution for Local Business Zone – 20.4.1 Siting, Design and Built Form A3.1 and P3.

Objective: That building setback: (a) is compatible with the streetscape; (b) does not cause an unreasonable loss of amenity to adjoining residential

zones; and (c) minimises opportunities for crime and anti-social behaviour through

setback of buildings.

Acceptable Solutions Performance Criteria

A1 Buildings must have a setback from an adjoining property within a Low Density Residential Zone, of not less than: (a) 5m; or (b) half the wall height of the building,

whichever is the greater.

P1 Buildings must be sited to not cause an unreasonable loss of amenity to adjoining properties within a Low Density Residential Zone, having regard to: (a) overshadowing and reduction in

sunlight to habitable rooms and private open space of dwellings;

(b) overlooking and reduction of privacy to the adjoining properties; or

(c) visual impacts caused by the apparent scale, bulk or proportions of the building when viewed from the adjoining property.


A2

Air extraction, pumping, refrigeration systems or compressors must be separated a distance of not less than 10m from a Low Density Residential Zone.

P2

Air conditioning, air extraction, pumping, heating or refrigeration systems or compressors within 10m of a Low Density Residential Zone, must be designed, located, baffled or insulated to not cause an unreasonable loss of amenity to the adjoining residential zones, having regard to: (a) the characteristics and frequency of

emissions generated; (b) the nature of the proposed use; (c) the topography of the site and location

of the sensitive use; and (d) any proposed mitigation measures.

F7.4.2 Design

This clause is in addition to Local Business Zone – 20.4.1 Siting, Design and Built Form.

Objective: That building design promote and maintain high levels of design, amenity, and safety, and are compatible with the streetscape.


A1 New buildings must be designed to satisfy all the following: (a) mechanical plant and other service

infrastructure, such as heat pumps, air conditioning units, switchboards, hot water units and the like, must be screened from the street and other public places;

(b) roof-top mechanical plant and service infrastructure, including lift structures, must be contained within the roof;

(c) not include security shutters or grilles over windows or doors on a façade facing the frontage or other public places; and

(d) provide external lighting to illuminate external vehicle parking areas and pathways.

P1 New buildings must be designed to be compatible with the streetscape, having regard to: (a) (minimising the visual impact of

mechanical plant and other service infrastructure, such as heat pumps, air conditioning units, switchboards, hot water units and the like, when viewed from the street or other public places;

(b) minimising the visual impact of security shutters or grilles and roof-top service infrastructure, including lift structures; and

(c) providing suitable lighting to vehicle parking areas and pathways for the safety and security of users.


A2

New buildings must provide a pedestrian entrance to the building that is visible from the road or publicly accessible areas of the site.

P2 New buildings or alterations to an existing façade must be designed to be compatible with the streetscape, having regard to: (a) how the main pedestrian access to the

building addresses the street or other public places; and

(b) windows on the façade facing the frontage for visual interest and passive surveillance of public spaces.

A2


P2

Air conditioning, air extraction, pumping, heating or refrigeration systems or compressors within 10m of a Low Density Residential Zone, must be designed, located, baffled or insulated to not cause an unreasonable loss of amenity to the adjoining residential zones, having regard to: (e) the characteristics and frequency of

emissions generated; (f) the nature of the proposed use; (g) the topography of the site and location

of the sensitive use; and (h) any proposed mitigation measures.

F7.4.3 Gross Floor Area and Site Coverage

This clause is in substitution of Local Business Zone – clause 20.2 Use Table and in addition to clause 20.4.1 Siting, Design and Built Form.

Objective: That gross floor area of a building: (a) is compatible with the character of the area; (b) assists in the management of stormwater runoff.



A1 The gross floor area of a building must not be more than 500m2.

P1 The gross floor area of a building must be consistent with the character of the area, having regard to: (a) the topography of the site; (b) the capacity of the site to absorb

runoff; (c) the size and shape of the site; (d) the existing buildings and any

constraints imposed by existing development

(e) the removal, retention or planting of vegetation;

(f) the character of development existing on established properties in the area;

(g) the height, bulk and form of existing and proposed buildings; and

(h) the appearance when viewed from roads and public places.

A2 The site coverage of all building within the plan area must be no more than 15% of the plan area.

P2 The site coverage of a building must be consistent with the character of the area, having regard to: (a) the topography of the site; (b) the capacity of the site to absorb

runoff; (c) the size and shape of the site; (d) the existing buildings and any

constraints imposed by existing development

(e) the removal, retention or planting of vegetation;

(f) the character of development existing on established properties in the plan area and adjacent to the building;

(g) the height, bulk and form of existing and proposed buildings; and

(h) the appearance when viewed from roads and public places.


A2


P2

Air conditioning, air extraction, pumping, heating or refrigeration systems or compressors within 10m of a Low Density Residential Zone, must be designed, located, baffled or insulated to not cause an unreasonable loss of amenity to the adjoining residential zones, having regard to: (i) the characteristics and frequency of

emissions generated; (j) the nature of the proposed use; (k) the topography of the site and location

of the sensitive use; and (l) any proposed mitigation measures.

The COMMON SEAL of the Meander Valley Council has been hereunto affixed on the 8 September 2020 pursuant to a resolution of Council delegating authority to the General

Manager to affix the corporation’s seal

…………………………………………………………… John Jordan General Manager

Documents

PLANNING AUTHORITY 3 - Meander Valley Council · Senior Strategic Planner 1) Recommendation It is recommended that Council: 1. Pursuant to Sections 33(3) and 34(1)(a) of the former