Toward Consistency
A GUIDE TO THE CRADLE COAST REGION INTERIM PLANNING SCHEMES
Cradle Coast Regional Land Use Planning Initiative
October 2013
Toward Consistency
A Guide to the Cradle Coast Region Interim Planning Schemes
Cradle Coast Regional Land Use Planning Initiative
October 2013
Version Control
Version
V1 – Council Consultation
V2 – Submission to Minister
V3 – Implementation and
Notification
Date
th
5 July 2012
December
2012
October 2013
Control
Regional Planning Initiative
Regional Planning Initiative
Author
PE
PE
Regional Planning Initiative
PE
Table of Content
1.0
1.1
Toward Consistency
Introduction
2.0
2.1
2.2
2.3
2.4
2.5
Table 1
Statutory Framework for Consistency
Tasmania’s Land Use Planning System
Municipal Planning Schemes
Strategic Purpose
Common Provisions
Local Provisions
Content of a planning scheme
3.0
3.1
3.2
3.6
Consistent Planning Schemes
Current Planning Schemes
Interim Planning Scheme Process
Planning Scheme Maps
4.0
Format and Structure of Cradle Coast Region Interim Planning
Schemes
Overview
The Planning Scheme Ordinance
Part A - Purpose
Part B - Administration
Part C – Special Provisions
Part D - Zones
Part E - Codes
Part F – Specific Area Plans
Specific Local Provisions
Planning Scheme Maps
4.1
4.2
5.0
Conclusion
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
Appendix 7
Appendix 8
Appendix 9
Appendix 10
Appendix 11
Appendix 12
Appendix 13
Appendix 14
Objectives for the Land Use Planning Process
Land for Residential Purposes
Land for Mixed Use Purposes
Land for Community Welfare and well-being
Land for Business Purposes
Land for Industrial Purposes
Land for Primary Production Purposes
Land for Infrastructure provision Purposes
Land for Conservation and Hazard Management Purposes
Land for Tourism Purposes
Land for sea Transport Purposes
Land for a Particular Purpose
Permitted Use Classes by Zone
Codes
E1 - Bush Fire Prone Areas
E2 – Airport Management
E3 – Clearing and Conversion of Vegetation
E4 – Change in Ground Level
E5 – Local Heritage
E6 – Hazard Management
E7- Signs
E8 - Telecommunication
E9– Traffic Generation and Parking
E10 – Water and Waterways
Acceptable Solutions by Zone and Code
Appendix 15
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Toward Consistency
1.1 Introduction
There is a State-wide program to reform delivery of the Tasmanian land use planning system.
A central objective for the reform process is to improve consistency of purpose and requirements in the
planning schemes applying for adjacent municipal districts.
Each council in the Cradle Coast Region is committed to the reform process through the Cradle Coast
1
Regional Planning Initiative .
The reform process has progressed through a number of stages a.
Regional Land Use Strategy
The first phase of the regional reform program was for the nine councils of the Cradle Coast Region
to prepare a regional land use strategy to establish a consistent regional perspective on the issues of
relevance for land use planning.
The Minister for Planning declared the Living on the Coast - The Cradle Coast Regional Land Use
Strategy 2010 – 2030 in October 2011 in accordance with the Land Use Planning and Approvals Act
1993.
The regional land use strategy is the first occasion under the Tasmanian planning system in which
there has been a holistic examination and articulation of land use policy and outcomes in a regional
context to guide and instruct the purpose and provisions of the planning scheme for each municipal
district within the Cradle Coast Region.
The purpose and provisions of all new planning schemes must be consistent with and likely to
further the objectives and outcomes of the Cradle Coast Regional Land Use Strategy 2010 – 2030.
The rules in replacement planning schemes must reflect a common strategic position on land use
issues that are common between municipal districts.
b.
A Model Planning Scheme for the Region
The second phase of the regional reform program was to prepare a regional planning scheme
template.
The primary purpose of regional template planning scheme is to eliminate unnecessary difference
between the purpose and provisions of planning schemes and to improve consistency in format and
structure and in the nature and operation of regulatory mechanisms.
i.
Current planning schemes each reflect an individual approach in the format and structure of
regulatory documents, in expression of purpose and outcome, and in the mechanisms and
standards employed to regulate use or development.
No two schemes currently look or feel the same.
However, despite such differences, the core intent and desired outcome for provisions within
must current planning schemes are very similar.
1
Each council is a signatory to a Memorandum of Understanding between the nine individual Councils of the northwest,
the Cradle Coast Authority, and the Minister for Planning
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There is opportunity to harmonise municipal regulatory instruments without significant
change to purpose and outcome.
ii.
Current schemes are typically the product of an era in which the State provided minimum
guidance and instruction for policy purpose, regulatory content, or the layout and expression
2
of planning scheme documents .
Circumstance has changed.
The State has –
a. Legislated through the Land Use Planning and Approvals Act 1993 to consolidate the
function of a municipal planning scheme to be a component part of an integrated State
planning system for sustainable use and development of land.
The position establishes a planning scheme must be consistent with all applicable higher
order policy and regulatory requirements and cannot take an autonomous or
independent approach to management of land use issues declared to be of significance to
all of Tasmania or to part of Tasmania.
b. Made policy describing strategic land use outcomes of importance for planning schemes
on matters of importance for all of Tasmania; including for protection of agricultural land
and coastal areas, avoidance of environmental harm, and protection of water quality.
State policy instructs the objectives and outcomes that must be delivered through the
provisions of a planning scheme.
c. Instructed that the format and structure of municipal planning schemes must be
consistent for all municipal districts.
Planning Directive No 1 requires that the layout and expression of a planning scheme
must follow a common format. The Directive establishes consistent terms to describe use
or development, and provides a suite of purpose specific zones for identifying how land is
to be utilised in the future.
No current planning scheme satisfies the mandatory directions for construction of local
land use regulation as contained in Planning Directive No 1 of 2011.
The absence of compliance to Planning Directive No 1 creates an environment in which
no two schemes are consistent on basic format and structure.
d. Introduced mandatory regulation for control of single dwelling suburban residential
development, bush fire hazard management, and public utility assets
To varying degrees Cradle Coast planning schemes do not fully accord with the contemporary
purpose, format, or regulatory requirements for municipal planning instruments.
iii.
The Regional Planning Initiative has prepared a common planning scheme template within
the mandatory planning scheme format and structure that provides a compendium of
operational provisions that are reasonable and appropriate for the land use planning issues
to be manager under a planning scheme.
2
The exception is the Central Coast Planning Scheme which was prepared in accordance with the now repealed Common
Key Elements Template under Planning Directive No 1 of 2003. However, as a result of the revised Planning Directive No 1
issued in 2011, the Scheme is no longer consistent with the mandatory State template
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Purpose of the regional planning scheme template is to establish common and consistent
regulatory provisions for the planning considerations that can be the same in all new
planning schemes and for which there is no need to be different.
The Region planning scheme template incorporates all the mandatory provisions imposed by
the State.
c.
Replacement Planning Schemes
The third phase of the Regional Planning Initiative requires that each Council is to replace the
current municipal planning scheme or schemes with an instrument that is –
i.
consistent with the template planning scheme for the Cradle Coast Region; and
ii.
likely to further the objectives and outcomes required by the Cradle Coast Regional Land Use
Strategy .
The objective is to achieve a high level of and consistency in appearance and purpose between
planning schemes for each municipal district within the Region.
The only practical means by which to deliver consistency of purpose and presentation is to replace
each current municipal planning scheme with a new instrument.
The arrangements provided within the Land Use Planning and Approvals Act 1993 intend that
consistent be rapidly achieved by replacing current planning schemes with an interim planning
scheme.
An interim planning scheme does not provide opportunity for radical change in the underpinning
strategic purpose of a current planning scheme unless reasonably required for compliance to State
Policy or instruction, or for consistency to the Cradle Coast Regional Land Use Strategy.
The purpose for which land may be used, and the matters for which controls are to apply under an
interim planning scheme must remain generally consistent to the current planning scheme.
The requirement for consistency in format, structure, and regulatory provisions mean it is inevitable
there will be a number of consequential changes between current and replacement schemes in the
detail for rules on how land is used, developed, or protected.
Therefore, while the objective is to translate current schemes into a new format and common
purpose, interim planning schemes will be different in look and operation to most current planning
schemes.
The Minister for Planning declared an Interim Planning Scheme for each of the nine municipal
th
districts within the Cradle Coast region on 16 October 2013 in accordance with the statutory
process contained in the Land Use Planning and Approvals Act 1993.
The effect of the declaration is to repeal each current planning scheme and to make the interim
planning scheme an enforceable regulation for the use or development of all land in each of the
th
nine municipal districts of the Cradle Coast Region from 19 October 2013.
Declaration also begins a 2-month period of notification during which all interested people are
invited to inspect and consider the interim planning schemes and to provide comment on any
aspect of its purpose or provisions.
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This Guide provides an overview of the Tasmanian statutory planning system, the objectives and
considerations for consistency, and an explanation for the common provisions in each of the interim
planning schemes for the municipal districts of the Cradle Coast Region.
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2.0 Statutory Framework for Consistency
2.1
Tasmania’s Land Use Planning System
Land use planning is part of the Tasmanian resource management and planning system.
The system recognises that while economic development and the health, safety and social and cultural
welfare of communities is important, there is a shared responsibility for all people and organisations to
ensure the use and development of land is fair, orderly, and at a rate that is without risk to the capacity
of air, land, and water to sustain contemporary and future life in all its forms and diversity.
The system seeks to deliver sustainable development outcomes through integrated policy and
coordinated regulatory process and action for how land, air, and water is used, developed, protected
and conserved.
The land use planning processes for Tasmania are established by the Land Use Planning and Approvals
Act 1993.
Objectives for the land use planning process require sound, coordinated, and long-term, knowledge
based thinking to justify and sustain the use or development of land in a manner that will best assist the
collective good of the whole community for both current and future generations (Appendix1).
Land use or development policy and outcomes must easily integrate with other policies and
responsibilities for environmental, social, economic, conservation and resource management in a State,
regional and local context.
Decisions concerning the use or development of land must always consider likely effect on the
environment and give explicit consideration to social and economic outcomes.
Informed and strategic land use decisions must deliver outcomes which make efficient use of land in
accordance with land capability; enable orderly provision of public infrastructure and protect existing
and planned investment in infrastructure assets; create healthy, safe and pleasant places in which to
live, work, and visit; and give account to scientific, aesthetic, architectural, historic, or special culture
values inherent in land and its natural and human condition.
The system does not serve to promote or protect individual proprietary or investment interests or
those of sectional interests within a community.
The planning system employs a range of statutory planning instruction and prescription to deliver its
statutory objectives and decisions.
The level of likely State or regional significance attaching to a planning issue or a project for use or
development of land will determine whether the assessment and decision process is within State or
local jurisdiction.
Local councils have a very particular statutory responsibility to function as a planning authority within
the Tasmanian planning system.
The role of a planning authority is to assist the State planning system by enforcing a municipal planning
scheme made in accordance with the strategic and policy framework established and directed by the
State.
The purpose of a municipal planning scheme is to establish the rules that assign opportunity and control
the use, development, protection and conservation of land within a local context.
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Such rules must be in accordance with State policy and be consistent with the policies and outcomes
required by regional land use strategy.
The purpose and provisions of a planning scheme must be coordinated with and consistent to the
reasons and rules in the planning schemes applying for adjacent municipal districts.
While a Council acting as a planning authority has a statutory opportunity to initiate preparation of a
planning scheme or an amendment to a planning scheme, the decision on whether to approve and
implement a municipal planning scheme or amendment is made by the State through a process that is
3
external to a planning authority.
The purpose and content of the planning scheme is in large part influenced and directed by the State
planning system.
The Tasmanian planning system therefore provides limited capacity for a local council to assert
autonomy and independence in its role as a planning authority to substantially influence the nature of
provisions in a municipal planning scheme.
2.2
Municipal Planning Schemes
Municipal planning schemes are an integrated component of the State planning system.
LUPAA effectively divides the State into 29 statutory land use control units corresponding to the
boundaries of the municipal districts defined under the Local Government Act 1993.
LUPAA assigns to each municipal council a statutory role as a planning authority; and imposes an
obligation for each planning authority to manage the use, development, and conservation of land
within the municipal district through enforcement of a municipal planning scheme.
A planning scheme must indicate the specific purpose for each rule and what is required in order to
achieve compliance.
However, municipal planning schemes are not strategy documents.
While they must be based on sound strategy, they are not a vehicle for creating or articulating strategy.
Land use strategy is to be expressed and explained separately to the planning instrument.
Function of a planning scheme is to provide the rules that are necessary and reasonable to reflect and
deliver applicable land use strategy.
A municipal planning scheme is a compendium of all necessary and reasonable rules to address all
foreseeable land use situations so as to deliver the underlying strategic purpose.
Not all rules will apply to every land use or development action.
A municipal planning scheme is subordinate regulatory made under LUPAA to control the use,
development, protection and conservation of land within a municipal district.
A municipal planning scheme is comprised of a –
3
While it is the responsibility of a municipal planning authority to initiate preparation of a planning scheme, it is the
Tasmanian Planning Commission that must evaluate a draft scheme for compliance to the requirements of the Tasmanian
planning system and make a final decision on the nature of provisions that are to be approved for administration and
enforcement by the planning authority.
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i.
A written ordinance establishing arrangements for interpretation and enforcement, statements
of intended purpose and outcome, and the tests for assessment and compliance.
ii.
A map or series of maps indicating the land within the municipal district that has been assigned
to each zone used by the planning scheme and any areas to which a particular provision of the
planning scheme is to apply.
iii.
Incorporated or referenced documents relied upon by the provisions of a planning scheme for
stating a required outcome or for establishing tests for compliance to an applicable provision.
A municipal planning scheme is required by the statutes of Tasmania to –
i.
further the objectives for the Resource Management and Planning System of Tasmania
4
The primary objective is for sustainable development.
A municipal planning scheme has shared responsibility for sustainable development with all
other schemes and with allied regulation.
Accordingly, a scheme cannot work independently of, in addition to, or in contradiction to the
purpose or requirement of other regulation.
A planning scheme is not required to provide all of the rules to address all of the situations
required for delivering objectives of the RMPS.
A planning scheme is confined in function and provision to those matters that are specified by
LUPAA to be the responsibility of a planning scheme and for which there is no superior level of
regulation.
ii.
further the objectives for the planning processes specified in the Land Use Planning and
Approvals Act 1993 with respect to use, development, protection and conservation of land within
5
the municipal district
Again, a planning scheme shares this responsibility with other planning processes identified
within LUPAA.
As subordinate regulation, a planning scheme must defer to other planning processes providing
a superior or alternate level of authority.
Outcomes required by a planning scheme must align with any applicable State, regional and local
policy and approval system for economic, environmental, social, conservation, and resource
management issues.
iii.
be in accordance with State Policy, including for –
a. use and development within the coastal zone;
b. management of water quality;
6
7
8
c. protection for agricultural land; and
4
Appendix 1
5
Appendix 1
6
State Coastal Policy 1996
7
State Water Quality Management Policy
8
State Policy on the Protection of Agricultural Land 2009
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d. protection against environmental harm
9
A planning scheme does not have sole responsibility for delivering the outcomes required by
State policy.
However, it must ensure that rules satisfy the purpose and principles of State Policy.
iv.
have a coordinated regional perspective and be consistent with and likely to further the policies
contained in an applicable regional land use strategy
Regional land use strategy has statutory status and prevails against local land use strategy to the
extent of any inconsistency.
The applicable strategy is the Cradle Coast Regional Land Use Strategy 2010 – 2030
v.
10
be consistent with matters specified in a Planning Directive, including and potentially for –
a. common format and structure of a planning scheme instrument;
b. residential development (single dwelling development);
c. natural hazard management (bushfire);
11
12
13
d. protection of public infrastructure assets; and
e. avoidance of environmental harm (potentially contaminated land)
vi.
be consistent between and coordinated with the planning schemes applying for each adjacent
14
municipal district
The primary purpose for regional land use planning reform is to satisfy the statutory
requirement for consistency in s21 and more expressly intended by s30A.
The principal vehicle for expressing strategic purpose is the Cradle Coast Regional Land Use
Strategy 2010 - 2030.
The rules in each municipal planning scheme must be aligned in purpose and requirement with
the provisions of planning schemes applying for adjacent municipal districts having regard to the
region as an entity in social, economic, and environmental terms.
Local circumstances and conditions may suggest reason for a rule or requirement that is
different to those that apply for the same planning issue in the planning schemes for adjacent
municipal districts. However, there must be a sound and compelling reason for any difference.
There is no ability for a municipal council to prepare and administer a bespoke planning scheme.
vii.
9
10
11
12
13
14
15
protect the natural gas pipeline
15
National Environmental Protection Measures (NEMP) adopted in Tasmania as State Policy in accordance with the
State Policies and Projects Act 1993
Section 30E LUPAA
Planning Directive No 1 - 2011
Planning Directive 4 – Development Standards for Single Dwelling Development 2011; and proposed draft
Planning Directive on Multiple Dwelling Development
Draft Planning Directive 2010 - State-wide Codes on bushfire, flooding, and land susceptible to landslide
Section 21 Land Use Planning and Approvals Act 1993
Section 20(1)(e) LUPAA
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A planning scheme must not permit an outcome that would place at risk the operation or
security of the natural gas pipeline or that may create a risk for the use or development of land.
The mechanism for assessing compliance and the need for any special conditions is contained in
the Gas Pipelines Act 2000.
viii.
set out policies and specific objectives that provide for, regulate, or prohibit the use,
16
development, protection or conservation of any land in the municipal district and specify things
to be done with respect to such use, development, protection or conservation
The requirement of s20 LUPAA focus function of a planning scheme onto matters concerned
with how land is utilised and the likely impact of the activity and work undertaken to support use
of land.
It is important that the purpose and requirements of a planning scheme do not extend beyond a
concern with the use, development, protection and conservation of land.
Considerations such as facilitating a favourable economic environment for growth and
development, enhancing or protecting property value and revenue from land, promoting
aesthetic or artistic merit, defending ethical, moral and social standards, or facilitating the
interests of an individual, are external to the planning process.
As subordinate regulation, a planning scheme must be careful not to intrude upon the
jurisdiction of other regulation. It is not the function of a planning scheme to assume
responsibility for delivering compliance with alternate regulation; or to modify by extension or
exemption any requirement independently established under other regulation.
ix.
have regard to the strategic plans for the municipal district, including any plan adopted by the
17
Council under the Local Government Act 1993
The municipal strategic plan is not a land use planning strategy, although it may contain
elements of relevance for land use planning. Such strategy must indicate specific outcomes for
which a planning scheme can appropriately provide regulatory control.
A planning scheme must not seek to regulate for strategy expressed as an aspiration or which is
broad and subjective in nature and incapable of expression as a prescriptive rule.
x.
protect the lawful continuation of existing use or development
18
A planning schemes deals with future use or development of land. The provisions of a scheme
must therefore be concerned only with likely compliance by new use or development.
A planning scheme cannot operate retrospectively to remove use or development that is not
regarded as constructive to the desired future, or to provide approval for a use that is unlawful.
A use or development that has lawfully established and was ongoing prior to implementation of
a planning scheme is protected regardless of whether the replacement scheme now considers
such use to be offensive to strategic purpose.
A replacement planning scheme may include provisions that create incentives to bring an
19
existing use of land into conformity or greater conformity with the scheme . However, it must
do nothing to compel the use to cease.
16
17
18
Section 20(1)(c) LUPAA
Section 20(1)(d) LUPAA
Section 20(3) – (6)
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xi.
exclude control on aspects of forestry, geological exploration, marine farming, and use of a
20
proclaimed wharf area for shipping purposes
It is important that a planning scheme does not intrude upon the jurisdiction of other regulation.
LUPAA expressly identifies some regulation with specific provisions that restrict or exclude the
function of a planning scheme.
There are many other regulations that limit or exclude operation of LUPAA to certain forms of
land use activity.
2.3
Strategic Purpose
It is an expectation of the Tasmanian statutory planning process that land use policy and regulation be
solidly underpinned by sound reason and defendable fact.
Every planning scheme must set outcomes and establish rules that are a necessary and reasonably
response to a known situation.
Evidence based land use regulation requires that the geo-physical and environmental characteristics,
condition, and capacity of the municipal district for use and development must be established.
Demographic and community characteristics, including predictions for growth and change, must be
known.
Economic activity and potential must be examined
The supply and capability of land for each use type, and the availability of existing and planned
infrastructure for utility and community facilities must be detailed.
These analyses assist to build understanding for what may reasonably be expected in the future; for
what is required to accommodate demand by various forms of land use; and for the capacity of the
municipal district to accommodate such growth or change.
The land and resources needed for economic, environmental and social well-being must be clearly
identified.
Land use strategy underpinning a municipal planning scheme may be derived from i.
State Land Use Strategy
The State has declared strategic outcomes that in part must be implemented through municipal
planning schemes.
These include the central principle of sustainable development, and the over-arching objectives
for land use planning processes as contained in LUPAA.
More particularly, the State has issued sustainable development policies providing strategic
guidance for protection of agricultural land, coastal land, and water quality, and for protection
against environmental harm.
19
20
Section 20(2)(j) LUPAA [clause 9.1 PD1 template provides a mandatory common provision to address change in
an existing non-conforming use for purposes of delivering s20(2)(j)]
Section 20(7)
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The provisions in replacement planning schemes must require outcomes that are in accordance
with State Policy.
There is, however, no comprehensive statement of land use strategy at State level to inform and
direct the many aspects of local land use control.
ii.
Regional Land Use Strategy
The statutory planning process requires that each municipal planning scheme must be consistent
with and likely to further the policies of the regional land use strategy for the region in which the
municipality is located.
The Cradle Coast Region is subject to the Cradle Coast Regional Land Use Strategy 2010 -2030 as
declared by the Minister for Planning in October 2012.
The regional land use strategy has statutory force and must be observed. Replacement planning
schemes must be consistent with and likely to further the policies contained in the regional land
21
use strategy .
There is a requirement that a municipal planning scheme be coordinated in purpose with the
purpose of planning schemes for adjacent municipal districts and have regard to the region as an
22
entity in social, environmental and economic terms.
The Cradle Coast Regional Land Use Strategy considers the Region as an entity in environmental,
economic and social terms and contains a range of shared land use policy outcomes from a
regional perspective.
The Strategy is intended to guide the regulatory content of planning schemes. It provides
specific outcomes with respect to the future use of land, and for the nature of regulatory rules.
It may be reasonably required that an interim planning scheme is to adjust the strategic purpose
for which land is assigned in order that local land use regulation is consistent with the objectives
and policies contained in the Cradle Coast Regional Land Use Strategy.
The most appropriate mechanism for adjustment is to zone land in the interim planning scheme
for a purpose that is different to that assigned under the current planning scheme.
iii.
Local Land Use Strategy
A municipal planning scheme must reflect and deliver local land use strategy.
Local strategy must be consistent with all applicable State and regional strategic outcomes.
Local strategy may add detail to more broadly expressed regional outcomes. However, local
strategy must not contradict or evade State and regional strategy.
Local strategy must be for a land use purpose and contain outcomes that are described with
sufficient precision to inform the intended outcome for regulatory provisions of a planning
scheme.
It is not the intention of the State planning scheme reforms to promote substantial change in the
established strategic framework for land use within a municipal district.
21
22
s30E LUPAA
s21 LUPAA
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The primary focus for replacement planning schemes is to ensure format and structure is
harmonised between municipal districts and that provisions are consistent to regional land use
strategy.
It is therefore not appropriate or desirable that there be wholesale recalibration in the purpose
of replacement planning schemes or change in the manner for which land is currently allocated
for use or development.
Existing strategic purpose for land use must be recognised and protected in translation of
current schemes into the new format.
However, it is inconsistent with the statutory objectives for the land use system to retain a
planning purpose or to require a particular outcome if the underpinning reason and support is
no longer relevant or appropriate.
23
Accordingly, if there is a contemporary and completed strategic planning analysis sufficient to
justify change in the current provisions of a planning scheme, such change may reasonably be
included in the replacement planning scheme if necessary for consistency to the Cradle Coast
Regional Land Use Strategy..
2.4
Common Provisions
Replacement planning schemes must include Common Provisions
Common provisions are proclaimed by the State and are mandatory for use in replacement planning
schemes.
LUPAA s30E provides that a planning scheme must include all mandatory and any applicable optional
common provision issued by the State.
Mandatory and optional common provisions are made under a Planning Directive.
The terms of the Planning Directive instruct the circumstances under which common provisions are to
be used within a planning scheme.
State prescribed provisions are made in pursuit of greater consistency between planning instruments,
including prescribing the format, structure, operation, and some content elements for a municipal
planning scheme.
State prescribed elements are described as “common provisions”.
Some common provisions are mandatory, and must always be included in a municipal planning scheme.
Some common provisions are optional in that they are applicable only if required by local conditions.
However, the common provision must be used if the applicable conditions exist within the municipal
district.
23
LUPAA does not prescribed what is required to demonstrate sound strategic planning. It is presumed for the purpose of
supporting change in replacement planning schemes that investigation, analysis and conclusion will have been
competently undertaken, that the planning authority has considered and identified the appropriate regulatory response,
and that the reasons and intended outcomes for change will be exposed to and considered by the community and other
interested parties.
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Common provisions must be included in a replacement planning scheme without amendment or
alteration unless the provision itself invites specific local criteria.
A replacement planning scheme must not substitute an alternate local provision for a mandatory
common provision.
The following common provisions apply for replacement planning schemes –
Planning Directive No 1 – Format and Structure for Planning Schemes (May 2011)
The Directive establishes a mandatory format and structure for all new planning schemes.
The Directive contains the Tasmanian planning scheme template.
The template sets out arrangements for the nature, sequence, and function for each part of a
planning scheme.
The Template establishes the purpose of a planning scheme and provides the primary
administrative mechanisms to be employed in regulating use or development of land, and for
establishing whether a permit is required.
The Template defines terms to be used within the provisions of a planning scheme, and instructs
all use or development for a use must be classified by one of a prescribed list of use classes.
The Template establishes a number of minor uses and developments that are exempt from need
to be assessed for compliance to the provisions of a planning scheme.
It identifies the zones that can be employed by a planning scheme for assigning land to a
particular strategic purpose and provides a statement of purpose for each of the prescribed
zones. Each planning scheme may indicate greater detail for desired local area outcomes.
The Template includes some rules to address particular control requirements for change in nonconforming use, subdivision and demolition.
Each rule or applicable standard for use or development must contain a statement of intended
outcome (objective) and may provide either or both of a deemed to comply criteria (acceptable
solution) or performance tests against which to assess compliance (performance criteria).
Use or development standards must be included in zone provisions if particular to land within a
zone, or in Codes if intended to have broader application.
Specific Area Plans may be included to provide a greater level of detail for outcomes required of
a particular area within a zone or zones.
Planning Directive No 3 – Single Dwelling is No-Permit-Required Use (August 2011)
The Directive makes it compulsory that single dwelling development on sites within the General
Residential zone under PD1 or the equivalent municipal planning scheme zone for suburban
density housing use, must be permitted without need for a permit.
Planning Directive No 4 – Development Standards for Single Dwellings (August 2011)
The Directive contains mandatory standards for single dwelling (detached house) development
on land zoned for suburban residential purposes in respect to frontage and side and rear
boundary setbacks, building height, site coverage, privacy, and frontage treatments (garage
openings and fences) development.
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The provisions must be included without alteration and are to apply for all new planning
schemes for land included in the General Residential zone.
The Directive restricts capacity for a replacement planning scheme to include any additional
standard to manage single residential development.
Planning Directive No 5 – Bush Fire Prone Areas (October 2012)
The Directive contains mandatory standards to manage likely risk from exposure to hazard for
use or development of land in areas prone to bushfire.
2.5 Local provisions
Replacement planning schemes may include Local Provisions
Replacement planning schemes must be prepared on the mandatory format and structure framework
for planning schemes as contained in PD1 and must incorporate all mandatory common provisions.
However, mandatory common provisions exist only for a limited number of planning issues.
The majority of planning scheme requirements must be contained in local provisions provided by the
municipal planning authority.
Local provisions must reflect and deliver on local strategic planning, be consistent with State policy and
regional land use strategy, and support the purpose of mandatory provisions in PD1 and other Planning
Directives.
The statutory obligation within s21 LUPAA requires provisions of a planning scheme must be consistent
with and coordinated with the planning scheme applying for adjacent municipal districts.
The requirements of s21 have not been given effect with respect to the provisions of current planning
schemes.
There is limited if any need for variation between municipal districts for the purpose and nature of the
majority of rules within a planning scheme.
It is therefore appropriate for local provisions that cover common land use issues to be the same
between planning schemes.
The Minister for Planning has indicated an expectation that local planning provisions be consistent
between planning schemes unless there is compelling reason to be different.
It is anticipated that particular attention will be given to consistency when determining whether to
approve draft replacement schemes.
The requirement for concurrent submission of replacement scheme by councils of a region supports an
expectation to compare instruments for commonality and seek explicit reason for any differences.
Local provisions are to populate the PD1 template with respect to –
a.
statement of general purpose for –
i.
the relationship between the scheme and the regional land use strategy; and
ii.
the core land use planning objectives for the municipal district
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b. use or development that is exempt from need to be considered against the outcomes and
standards contained in a planning scheme;
c. defined terms if necessary to explain local provisions;
d. local area objectives and desired future character statements for each zone to reflect
outcomes required by regional and local land use strategy;
e. permitted use classes for each zone;
f. whether a permit is required for permitted use;
g. applicable standards for use or development in each zone
h. Codes to address planning matters that may be relevant for all or most of a municipal
districts or that cannot be included as a zone provision; amd
i. Specific Area Plans setting out more detailed planning provisions for land within a zone or
covered by a number of zones
The majority of change in both the appearance and operation of planning regulation in any replacement
planning scheme will be consequential upon a requirement for consistent format and structure in
accordance with the mandatory template and other provisions prescribed by the State.
A commitment by Cradle Coast Councils to produce contemporary and consistent replacement planning
schemes means new schemes will be different because they are to contain provisions that are the same
between planning schemes for issues and outcomes that are common and for which there is no need
for difference in regulatory requirements.
It is anticipated that translating current planning scheme zones into the most corresponding zone
provided by the State template will of itself generate substantial change.
Such change is unavoidable and acceptable for the purposes of consistency.
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Table 1 - Content of a replacement planning scheme (LUPAA)
A planning scheme must –
A planning scheme may -
A planning scheme must not -
 Further the objectives of the Resource Management and Planning
System of Tasmania
 Apply for –
- All or part of a municipal district
- An accretion from the sea
- A part of the sea shore to the low water mark
- Bridges, jetties, wharfs within a municipal district or over the sea
adjacent to a municipal district
- An area of the sea directly adjoining a municipal district, in, on,
over or under which a use or development relates to or affects the
use of adjacent land (other than fishing or fish farming
 Prevent the continuing use or require the removal of any use
from land lawfully used prior to commencement of the scheme
 Further the objectives for the land use planning processes set out in
the Land Use Planning and Approvals Act 1993
 Be in accordance with State Policies made under the State Policies
and Projects Act 1993
- use and development in the coastal zone
- water quality management
- protection of agricultural land
- environmental performance
 Have regard to the safety requirements prescribed under the Gas
Pipeline Act 2000
 Make provisions relating to the use, development, protection or
conservation of land
 Prevent the continuing use or require the removal of any
development associated with a use of land for the purpose for
which it was lawfully used prior to commencement of the
scheme
 Prevent the use of a development that had lawfully
commenced but was incomplete prior to commencement of
the scheme
 Prevent the restoration or reconstruction of a development
integral and subservient to a lawful non-conforming use if such
development has been unintentionally destroyed or damaged
 Set out policies and specific objectives
 Regulate or prohibit the use or development of land
 Be consistent with and further the policies of any Regional Land Use
Strategy for the region in which the planning scheme applies
 Make lawful and existing use or development unlawful under a
previous scheme
 Designate land as being for public purposes
 Be consistent with and coordinated with the provisions of planning
schemes applying for adjacent municipal district and avoid potential
conflict with the use or development permitted under such adjoining
schemes
 Set out requirements for the provision of public utility services
 Have regard to the use and development of the region as an entity in
environmental, social and economic terms
 Apply, adopt or incorporate any document which relates to the use,
development or protection of land
 Prevent mineral exploration under the Mineral resources
Development Act 1995conducetd in accordance with the
standards specified in the Mineral Exploration Code of Conduct
 Comply with any Planning Directive applicable for the municipal
district for -
 Provide that any use or development is conditional upon an
agreement under Part 5
 Prevent fishing or marine farming (excluding any use or
development above the high water mark) in State waters
 Set out provisions relating to the implementation in stages of uses or
development
 Prohibit or require a discretionary permit for a use or
development within a proclaimed wharf area for port or
shipping related purposes
-
common format and structure
exempt use or development
use classes
requirements for a permit
no permit required for single dwelling development on land
zoned for suburban density housing
standards for single dwelling development on land zoned
for suburban density housing
 Require thing be done to the satisfaction of the Tasmanian Planning
Commission, relevant agencies and the planning authority
 Prevent a forestry operation on land declared as a Private
Timber Reserve in accordance with the Forest Practices Act
1985
 Provide for any other matter allowed under LUPAA as being in a
scheme
- Control of signage
- Identification of need for permit
- Identification of matters necessary to constitute a permit
 Require a permit for dam works approved under the Water
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-
Include any mandatory common provision and all applicable
optional common provisions
-
Matters relevant for conditions on a permitted permit
Notification of landowners
Identification of discretionary permit use or development
Circumstances where a planning authority may waive, modify or
relax a requirement in a scheme
- Identification of use or development for which a permit must grant
- Closure of a road
- Provision for infrastructure
Management Act or for the operation of emergency works
undertaken by a water entity on an existing dam
 Identify need to bring an existing non-conforming use of land into
greater conformity with the scheme (including to achieve
compliance with any code of practice approved or ratified by the
parliament)
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3.0
Consistent Planning Schemes
3.1 Current Planning Schemes
Each current scheme for the Cradle Coast Region is a unique regulatory instrument.
Although each is broadly similar in purpose there is limited consistency between planning instruments
in terms of expressions used, requirements applied, and the detail of outcomes delivered.
Various reviews have been undertaken nationally and within Tasmania into the efficiency and
effectiveness of the land use planning system.
Most conclude the absence of consistency between municipal planning instruments for dealing with
essentially the same planning issues is a key factor in confusing and complicating the planning permit
process.
It has been widely recommended that consistency, clarity, and certainty in the mechanisms and
requirements for land use can simplify administration and assist compliance.
The Tasmanian planning reform program is driven in large part by an objective to harmonise planning
purpose, provision, and process; and to require all municipal planning schemes be replaced with
instruments that are common in format and structure and closely coordinated on content for control.
The imperative to replace current planning schemes comes not from any widely held view that such
schemes have failed or are no longer relevant or functional for delivering outcomes consistent with
strategy.
There is nothing fundamentally wrong with the current municipal planning schemes operating in the
Cradle Coast region as individual planning instruments. There is no evidence or concern that current
municipal planning schemes are dysfunctional or regulatory relics.
Underpinning strategic purpose and declared future outcomes for each scheme generally remain of
credible and continued relevance for meeting reasonably foreseeable needs of local communities.
The intended regulatory outcome for each current planning scheme is generally consistent with the
outcomes for land use planning as required by State Policy and the Cradle Coast Regional Land Use
Strategy 2010 – 2030.
There is no evidence of widespread community discontent or of unreasonably or unnecessarily restraint
on growth or development within any municipal district.
There has not been an excessive level of external adjudication to resolve inconsistency, ambiguity or
absurdity for operation and result; nor any requirement for continual or significant amendment to
accommodate reasonably foreseeable proposals for use or development of land.
Incremental amendment has updated or revised purpose and provisions of individual schemes in order
to accommodate new opportunities for use or development and meet changing circumstance and
conditions.
Each current municipal planning scheme remains a serviceable regulatory instrument.
Each current planning scheme is tangibly different in layout, expression, and in the mechanisms used to
regulate the use or development of land.
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Such differences mean no two schemes look or operate the same, notwithstanding they may serve a
common purpose, employ the same regulatory tools, and deliver generally consistent outcomes.
There is a statutory requirement in LUPAA s21 that planning schemes for adjoining municipal districts
must be coordinated in purpose and consistent in provision.
There is also a statutory requirement in LUPAA that planning schemes be formatted and structured in
accordance with a common template.
There is a commitment by the Region to ensure the replacement planning instrument for each
municipal district is consistent with the planning instruments applying for each of the other municipal
districts within the Region on issues for which there are no need to be different.
If all current planning schemes are replaced at the same time using the same common provisions the
result will deliver an immediate and substantial level of consistency.
It is not realistic to simply review and revise each scheme within its current format and achieve the level
of consistency intended by the Region or required by with Planning Directive No 1.
The objective for harmonised controls through zones, use tables, and use or development standards
cannot be delivered through modification to the current scheme.
The extent of current difference between schemes render it is impossible to directly transpose language
and format of current provisions without retaining a high level of inconsistency between schemes.
In many instances there may be no direct translation between the terms, use classes, and zones
provided by PD1 and those contained in existing schemes.
The only practical means by which to deliver consistency is to replace each current planning scheme
with a new planning instrument derived from a common model.
PD1 provides the common model for format and structure.
However, PD1 does not detail the rules and requirements for regulating use, development, protection
and conservation of land.
PD4 and PD5 currently provide particular rules for some forms of use or development. However, they
do not provide the majority of rules.
It is necessary to prepare a common set of local rules for planning issues that are the same between
municipal districts within the Region.
3.2 The Interim Planning Scheme Process
The Cradle Coast Region has committed to providing contemporary and consistent replacement
planning schemes.
Replacement planning schemes for the Cradle Coast municipal districts must be introduced in
accordance with the requirements of LUPAA.
The Minister for Planning has indicated that replacement planning schemes are to be introduced as
interim planning scheme in accordance with the statutory process contained in the Land Use Planning
and Approvals Act 1993.
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The interim planning scheme process is intended to enable relatively rapid translation of current
planning schemes into replacement schemes that enhance consistency in terms of strategic intent,
administrative format and structure, and detailed regulatory content.
The interim planning scheme process does not provide opportunity for radical change in the
underpinning strategic purpose of the current planning scheme.
The legislative process for preparation of an interim planning scheme is set out in Part 3 Division 1A
Land Use Planning and Approvals Act 1993 (LUPAA).
Division 1A was introduced into the Act for the express purpose of facilitating replacement of current
planning schemes with instruments that are strategically and operational consistent between municipal
areas.
Land Use Planning and Approvals Act 1993 establishes –
a.
The statutory purpose of an interim planning scheme is to facilitate replacement of current
planning schemes with planning schemes that have a high level of consistency to regional land
use strategy and that are common in format and structure.
The LUPAA provisions for purpose of an interim planning scheme impose a particular restraint on
ability to make significant variation or departure from the local strategies and policies that
underpin the current planning scheme.
An interim planning scheme is only to initiate change if –
i.
reasonably required to be consistent with and likely to further the outcomes required by
the Cradle Coast Regional Land Use Strategy;
ii.
as an expected and acceptable consequence of including the mandatory format and
content required by Planning Directives and other State Policy; or
iii.
as an expected and acceptable consequence of including common local provisions
An interim planning scheme cannot make “active rezoning” to alter, add to , or renovate
provisions of a current planning scheme that cannot otherwise be supported by the
interpretation placed on the purpose of Division 1A.
An interim planning scheme must not diminish the expectations and interests of a landowner or the
community as provided for within the current planning scheme.
An interim planning scheme must therefore “translate” the provisions of a current planning scheme
into an instrument that is consistent with mandatory strategy and content, but that does not
fundamentally change the purpose for which land is currently regulated.
The effect of such interpretation constrains ability for the Cradle Coast interim planning schemes to
rezone land to a purpose that was not established by then current planning scheme.
The situation is complicated by the requirement in Division 1A for consistency to regional land use
strategy and for consistency to mandatory common provisions i.
Change must be underpinned by sound strategic planning.
However, change to deliver regional outcomes cannot be initiated in the absence of
substantiation by relevant local data and analysis.
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ii.
It is not practically to make a direct translation without some adjustment in apparent underlying
strategy in order to accommodate compulsory consistency.
The degree of acceptable change through the translation process is a matter for judgment. The
appropriateness of such judgement is a matter for review through the notification and independent
assessment process that is to occur after the interim scheme is declared and operational.
A planning authority may provide the Minister for Planning with a draft Interim Planning Scheme for its
municipal area.
Alternatively, the Minister may request a planning authority to provide a draft interim planning scheme.
In the event is fails to do so, the Minister may instruct a draft scheme be provided, and in the ultimate,
may instruct the Tasmanian Planning Commission to prepare a draft interim scheme for the municipal
area.
A decision to provide the Minister with a draft planning scheme is one step in a continuing process.
The process anticipates the Minister may want to talk with the Council about its draft planning scheme
and may require changes before it is declared.
It does not mean that if the Minister approves the new planning scheme the process is finished.
Each of the planning authorities for the nine municipal districts of the Cradle Coast Region provided the
Minister with a draft Burnie Interim Planning Scheme in December 2012.
A draft interim planning scheme is to contain –
i.
all mandatory common provision instructed by the Minister through a Planning Directive; and
ii.
local provisions if –
a.
not directly and indirectly inconsistent with mandatory common provisions; and
b.
consistent with and likely to further the objectives and policies in a regional land use
strategy
There is an expectation that local provisions will be consistent with provisions for similar
matters in the planning schemes applying for adjacent municipal areas.
The Minister must be satisfied a draft scheme is compliant with statutory requirements.
The Minister has reviewed the each of the draft Cradle Coast interim planning schemes.
In August 2013 the Minister provided each Council with an instruction to make a number of
modifications to ensure the scheme did not introduce change in the purpose for which land may be
used or developed.
Each Council has made the modifications requested.
There is no legislative requirement for the community to be provided opportunity to consider and
comment on a draft interim planning scheme before it is provided to the Minister.
LUPAA specifically stalls the notification and representation process until after the interim planning
scheme is declared and operational.
The Minister may declare an interim planning scheme.
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Declaration of an interim planning scheme renders the interim planning scheme subordinate legislation
made by the Minister.
The Minister declared each of the draft Cradle Coast interim planning schemes by publication of a
th
th
notice in the Government Gazette on 16 October 2013 to make such schemes effective from 19
October 2013.
The effect of a declaration is to repeal each of the then current planning schemes and to make the an
Interim Planning Scheme 2013 an enforceable regulation for assessment and determination of all
permit applications for use or development of land within the municipal area.
Each Cradle Coast interim planning schemes apply for all use and development of land in the applicable
th
municipal district from 19 October 2013.
The Minister’s declaration initiates a process for public notification and commenced a two month
th
period from 19 October 2013 during which any interested person is invited to consider and make
comment on the interim planning scheme.
This is the current stage for each Interim Planning Scheme 2013
The notification and comment period is intended by LUPAA to commence and run after the scheme is
given legal status.
The parliament has taken a deliberate position through the provisions included in Division 1A LUPAA to
defer the commencement of formal notification until the Minister has completed his assessment and is
satisfied the draft interim scheme can achieve its statutory purpose.
The justification for such an arrangement is that an interim planning scheme translates and does not
radically change the purpose for which land is assigned under a current planning scheme.
The interests of the community are said to be adequately protected by the processes administered by
the Minister prior to declaration.
The legislation does not invite and does not provide a process for the Minister to acknowledge or
respond on any representation made before an interim planning scheme is declared.
There is no statutory process available for the planning authority to invite, address or respond on
submissions until after the Minister has declared the interim planning scheme.
It is important for legality and rigor of procedural fairness to abide by the legislated arrangements for
community consideration and comment.
The community can only make submissions on the interim planning scheme during the notification
period.
The representation period commenced on 19
December 2013
th
October 2013 and concludes at 5.00pm on 20
th
Representations must be made before close of the notification period.
Representations made after the notification period are not valid and cannot be considered.
Representations must be in writing.
Each representation must be made by a natural person or an incorporated body and contain the name
address and contact details of the person making the representation.
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th
Representations in writing must be received by close of business on 20 December 2013.
Alternatively, representations may be made on-line through schemes.planning.tas.gov.au.
necessary to register in order for a representation to be validly made in this format.
It is
There is no mandatory format for a representation. However, it assists if each matter is separately
identified by reference to the relevant provision of the interim planning scheme. The reason or
evidence for each representation should be stated, and the desired outcome identified.
A planning authority must consider each matter in each representation at conclusion of the notification
period.
The planning authority does not have authority to decide on whether to accept a matter in a
representation or to make changes to the interim planning scheme.
The planning authority must provide a report to the Tasmanian Planning Commission indicating its view
and opinions on each matter in each representation, and is required to make a recommendation for
how each issue may be resolved.
The Minister may correct any error in a declared interim planning scheme.
However, an individual planning authority cannot initiate or support an amendment to the interim
planning scheme applying for its municipal area.
The Minister may grant a dispensation on application to permit a specific use or development of an
individual site for a purpose prohibited or restrained by provisions of the interim planning scheme.
A dispensation is not an amendment and may not alter the provisions in the final approved planning
scheme.
The Tasmanian Planning Commission must appoint an independent Panel to undertake a review of the
interim planning scheme and all representations received.
The Panel will consider the interim planning scheme, all representations received during the
notification period, and the report on representations made by the planning authority.
The Panel must conduct a hearing, and may combine the hearings for two or more interim planning
schemes.
The planning authority/authorities and all people who made representation may be called to appear at
the hearing.
A person making a representation may be questioned on the matters raised.
A person making a representation may appear in person or be represented. A person may call expert
witnesses and submit evidence in support of the representation.
However, matters should not be raised with the Panel unless they are identified in the representation
made during the notification period.
At conclusion of the hearing the Panel is to report its conclusions and recommendations to the
Tasmanian Planning Commission.
The Commission must provide a report to the Minister in respect of any matter in a representation
concerning a common State provision, and may make a recommendation on such matter, including any
requirement that all or part of the common provision be modified.
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The Minister must make a determination on whether to modify common provisions.
The Commission must then determine whether the local provisions of a planning scheme are to be
approved, modified or rejected.
If a planning scheme is modified the changed provisions may have to be notified again and a further
period allowed for community representation and hearing.
If the Commission is satisfied the interim planning scheme, including any modified parts, complies with
all statutory requirements, the Commission may with the approval of the Minister make the interim
planning scheme as a planning scheme.
The final approved scheme will replace the interim planning scheme.
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4.0 Format and Structure of Cradle Coast Interim Planning Schemes
4.1
Overview
Purpose of the interim planning scheme process is to –
i.
deliver consistency between municipal districts of the Cradle Coast Region for the appearance
and arrangement of parts and mechanisms within a planning scheme; and
ii.
harmonise purpose and content of regulatory provisions in a planning scheme for the issues that
are common between municipal districts and for which there is no need to be different
A planning scheme comprises two parts –
4.2
i.
an ordinance containing the written rules, and
ii.
a map or series of maps indicating the land to which the rules are to apply.
The Planning Scheme Ordinance
An ordinance is the text component of a planning scheme and establishes the purpose and nature of
the rules that apply for use or development.
Traditionally a planning scheme ordinance is a printed document. However it is unlike a book in that it
has no beginning or end, and does not develop a plot or characters.
It is an aggregation of parts, each of which has a particular purpose or application, and often operating
in the absence of direct connection to one or more of the other parts. As such, a planning scheme
ordinance may appear overwhelming and confusing.
Each municipal planning scheme was typically different in how the ordinance is laid out and in the
arrangement of its content.
The intention of Planning Directive N0 1 is to standardise the layout of a planning scheme to ensure all
documents have the same format and structure so as to assist familiarity between instruments and
improve ease of use.
Each Cradle Coast interim planning scheme contains the same basic parts in the same order and with
the same purpose. Terms, expressions and regulatory mechanisms are common.
Technology has enabled the presentation and use of a planning scheme to depart from a printed and
bound format. The Tasmanian Planning Commission in cooperation with local government of the
Cradle Coast and the Southern Regions has established an online system in which the content of each
planning scheme is to be stored digitally and accessed remotely. The system will allow any person to
make an enquiry for how a planning scheme affects an individual site, and when fully operational will
provide all and only the provisions that are relevant to that enquiry.
The online system has capacity to greatly improve access to the content of a planning scheme, and to
provide consistency in the outcome of an enquiry or a permit assessment.
The following sections detail the purpose and function of each element within the interim planning
schemes declared and implemented for the Cradle Coast Region.
Part A - Planning Scheme Purpose
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The provisions in Clause 1, 2 and 3 provides an overview of purpose and objectives for the planning
scheme from a State, regional, and local perspective.
Scheme purpose provisions establish the policy context for the planning scheme.
However, a planning scheme is not a strategy document.
Part A broadly identifies the underpinning reasons and outcomes for the rules and requirements
contained within the provisions of the scheme.
Replacement planning schemes requires careful examination of existing introductory purpose
statements. In many instances the majority of scheme purpose and objective statements can be
excluded from the replacement planning scheme.
Such action may require the planning authority prepare an independent land use strategy document to
contain the overarching reasons and desired outcomes for land use planning in the municipal district.
The common mandatory outcomes for a planning scheme are as prescribed for the Tasmanian Resource
Management and Planning System and for land use planning processes by the Land Use Planning and
Approvals Act 1993.
Regional and scheme objectives are provided for each replacement planning scheme.
The general objectives for a planning scheme are consistent.
There is no benefit in providing individual statements for each scheme.
The Cradle Coast interim planning schemes provide generic statements to be included in each of the
regional and planning scheme purpose clauses (2.2 and 3.0).
Such statements can be incorporated in all Cradle Coast Region municipal planning schemes.
The Cradle Coast interim planning schemes statement in clause 2.2 establish a link between the CCR
LUS and the purpose of a planning scheme as a regulatory instrument for local land use control. The
intention in such statements is to illustrate purpose of each local planning scheme is aligned to a
regional strategic context and operate as part of a coordinated system of regulatory planning schemes.
Cradle Coast interim planning schemes statement in clause 2.2 does not seek to reproduce or
paraphrase the comprehensive objectives and policies contained in the CCR LUS. The CCR LUS must be
read as an independent document in order to more fully understand implications for content and
outcome of a planning scheme.
The statement in clause 3.0 provides an introduction or overview for operational intent.
Outcomes for individual land use matters are more particularly described in the local area objectives,
desired future character statements, applicable standards, and any Specific Area Plan included in the
planning scheme.
The Regional planning process has established a strong alignment in the strategic outcomes required
for land use and development between municipal districts. This allows for a common position in the
purpose of most regulatory provisions.
Each municipal scheme must identify by reference the local or municipal strategy documents relied
upon to inform the regulatory content of the replacement planning scheme.
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Planning scheme purpose statements in Part A are not operational and have no function in the
assessment or determination for compliance.
Current planning schemes vary with respect to a Part A equivalent provisions.
Some schemes provide a broad overview through scheme purpose statements but do not activate such
statements as part of the permit decision process.
Other schemes include comprehensive and extensive purpose and objective statements within the
introductory element of the instrument and specifically invoke such statements to inform permit
decisions.
Planning Directive No 1 neutralises the function of scheme purpose statements for permit
determination.
Instead it shifts operational function of purpose statements into zone and control provisions. It does so
for the reason that a planning scheme is a regulatory or control document and is not intended to serve
as a statement of land use strategy or policy.
While it remains essential that a scheme be underpinned by sound strategy, it is not necessary to
repeat such strategy within its provisions.
If it is necessary to retain reference to planning scheme objectives to assist the permit application
decision process, such statements are incorporated as a local area objective or desired future character
statement within the applicable zone provisions, or within Specific Area Plan.
Such controls are to reflect and deliver planning policy through clear, specific, measurable and verifiable
requirements.
It is not appropriate or productive to confuse decision standards by also requiring consideration of the
underlying planning policy that informs such rules.
Part B - Administration
Part B provides common administrative provisions to establish how the scheme is to operate and be
understood.
Clause 4 defines terms that are used within the ordinance
Clause 5 and clause 6 establish certain forms of use or development is exempt from operation of the
interim planning scheme.
Clause 7 establishes how the scheme is to operate in terms of the functional relationship between
provisions for zones, codes, specific area plans, and applicable standards.
Clause 8 establishes the information requirements for making a permit application; how use or
development is to be categorised; and the requirements for a permit and the processes for
determination.
The elements of part B are more fully described below.
Clause 4 - Defined Terms
The purpose of a defined term is to provide clarity and certainty for how the word or term is to be
understood in the context of an interim planning scheme.
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If a word or term is defined, it must only be applied in accordance with that meaning and will always
have that meaning wherever it is used within the interim planning scheme.
The definitions provided by PD1 are intended to create consistency for interpretation between the
planning schemes operating in different municipal districts.
If a term is not defined it must be given its ordinary meaning.
PD1 provides a dictionary of 123 terms and expressions for which common usage is not considered
adequate to assist precision or operation of an interim planning scheme.
A replacement planning scheme must include all PD1 defined terms and must apply each term as is
appropriate to the provisions of the scheme.
A replacement planning scheme cannot delete or amend a PD1 term or definition and cannot substitute
an alternate term or definition
Each current planning scheme includes a dictionary of defined terms.
The terms included and the meanings allocated generally lack consistency between schemes applying
for the Region. Thus differences may occur for understanding on relatively common aspects of land use
control.
The purpose of mandatory PD1 definitions is to replace current terms with words and meanings that
are consistent for all planning schemes.
Terms that are similar to those used in the current planning scheme may have been given a different
meaning. Although change may sometimes appear subtle, it may be significant for interpretation.
Such differences may impact on established perception or interpretation of provisions; and may
produce results that are different to those delivered under the current scheme.
However, the approach ensures all planning schemes are using the same terms to describe the same
planning issues and considerations. The outcome may be some initial confusion, but has a long-term
benefit for consistency.
A replacement planning scheme may only add to the list with agreement of the TPC;
The Region Planning Scheme Template defines additional terms employed within common local
provisions to better explain what is intended or what is necessary for compliance.
Additional defines terms are –
Defined Term
Reason
water body means an artificial or natural body of water,
whether perennial, intermittent or tidal of fresh, brackish
or saline surrounded by or bordered by land regardless of
configuration or size but does not include a sewage,
stormwater, or waste water detention or treatment
lagoon
The term has technical meaning within the CCR
TPS.
PD1 defines “watercourse” and “wetland” – neither
of which includes a water feature in the nature of
those identified in the proposed definition.
The definition is required to provide an appropriate
level of protection for all water features and
environments.
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Clause 7 – Operation
Clause 7 describes the component operational parts of a planning scheme to be –

Special Provisions for matters that are not specific or appropriate for any other operational
provision.
Special Provisions will prevail to the extent of any inconsistency with any other provision.

Zones as the primary method for imposing control on the use or development of land

Codes for provisions that are not specific to a zone or that apply to two or more zones.
Code provisions will prevail in the event of a conflict between the requirement in a zone
provision and the requirement in a Code provision

Specific Area Plans for part of land within a zone or covered in by more than one zone to set
out more detailed requirements for use or development.
Specific Area Plan provisions will prevail in the event of a conflict between the requirement in
a zone or Code provision and the requirement in a Specific Area Plan provision

Applicable Standards for matters that could affect or be affected by a use or development
Clause 8.1 – Information requirements
s51 LUPAA provides that if a permit application is required, such application is not valid unless it
contains all of the information required by a planning scheme.
Clause 8.1 sets out the information that must be provided with a permit application in order to
demonstrate compliance with all of the standards applicable to the use or development.
In particular, the interim planning schemes require legal identification of the land to which the permit
applies; a full description of the proposed use or development; and a full description of how the use or
development is to operate.
The application must contain such plans and specifications, investigation reports and
recommendations, and concurrent approvals, as are necessary to establish the site is suitable for the
intended use and that the likely impacts in social, environmental and economic terms.
Requirements for preparation of plans are prescribed in detail.
Most previous Cradle Coast planning schemes contained a permit information provision. However,
there was considerable difference in the nature and specifications for information required to complete
a permit application.
Clause 8.1 establishes a common information position to assist certainty for what is necessary in order
to make a valid application.
Clause 8.2 – Categorising Use
A planning scheme must establish how a use or a development is to be described for purposes of
determining whether the planning scheme provisions are activated.
It is to do this by referring to the list of the use classes recognised the planning scheme.
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A use class is a single descriptor to apply for a group of similar activity.
PD1 describes 34 use classes by which all use or development must be described. (Appendix 3)
A planning scheme must not add, remove or modify the PD1 use classes.
There is no “miscellaneous” or undefined use class.
Every use must be described by reference to the most corresponding ‘use class’.
If a use or development does not readily fit to a described use class, or fits one or more use classes, it
must be categorised by the use class that best fits.
Use that is directly associated with and a subservient part of a primary use class may be classified by
that use, even though it may independently be capable of classification under a different use class if not
for the direct association to the primary use.
If there are clearly two or more separate uses on a site, then each use must be individually classified by
the most appropriate use class.
Current schemes each differ in how use or development is described.
The majority of schemes provide a more extensive list of defined use types, often involving division of a
particular use type into separate sub-elements.
There are generally a lesser number of available use classes under PD1 and a potentially low level of
correlation between the description of use under most current schemes and that required by PD1.
In many instances there will no direct translation between a defined use under a current scheme and
the most corresponding PD1 use classes.
It is common that a planning scheme divide residential use and define single dwellings as a house and
to individually categorise multiple dwellings by such terms as grouped houses, villas, townhouses,
apartments, supported care accommodation, hostels, and boarding houses.
Introduction of a PD1 compliant replacement planning scheme generally reduces the means by which
to describe proposed use or development.
Current use classification systems may require individual uses be aggregated under a single PD1 use
class.
Clause 8.4 – 8.11 - Permit Pathways
Enforcement of a municipal planning scheme is assisted through a requirement for a permit to
undertake use or development of land.
PD1 requires a replacement planning scheme must indicate whether a permit is required before land
may be used or developed.
In all circumstances the considerations that inform a decision on whether a permit is required or
whether a permit can be granted must be contained or identified within the provisions of the scheme.
The exception is where provisions in other regulation create a power to intervene or be included in the
permit assessment process, as is the situation with the Environmental Management and Pollution
Control Act 1994 or the Sewerage and Water Industry Act.
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There are a number of permit and assessment pathway opportunities included in the interim planning
schemes.
Cradle Coast interim planning schemes introduce consistency in the permit pathways applying for each
use class and associated development.
The permit pathways are –
Exempt Use or Development
Use or development that is exempt from control under a planning scheme if of a type prescribed in
clause 5 or clause 6.
Exemptions reflect an intention to minimise regulatory requirements on use or development that
should be accepted without question because it is in conformity to purpose of a zone and has no
discernible likelihood for adverse impact.
There is no opportunity to require a permit, to undertake an assessment, to inform the community, to
impose conditions, or to refuse permission if a use or development is exempt.
Exempt use or development is a outside the authority of a scheme; and must be accepted without
comment or intervention.
Exempt low impact use or development include -
i.

occasional use – sport, social, and cultural events;

home occupation – by a permanent occupant in not more than 40m and no direct sales;

telecommunications low impact facilities and service connections;

provision, maintenance and repair of small scale and linear infrastructure, including distribution
pipelines, and cables, roads and street furniture;

minor outbuildings and structures;

maintenance and repair of buildings, including to paint, re-clad, or re-roof;

temporary buildings and works;

emergency works;

strata division under the Strata Act;

planting, clearing or modification of agricultural, forestry or ornamental vegetation, or for fire
management maintenance, rehabilitation, soil conservation or for safety and security;

low height boundary, agricultural and security fences

agricultural works and small buildings
2
Exemptions may be absolute (Clause 5).
Absolute exemptions address minor or low impact use or development deemed to be beyond
legitimate interest of the planning process.
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A planning scheme is devoid of authority to control exempt use or development.
None of the controls on use or development contained in the planning scheme have any
relevance for if there is an absolute exemption.
ii.
Some exemptions are qualified (clause 6).
The provisions of a planning scheme may apply a control over specified matters such as
conservation of heritage, protection of a scenic landscape, clearing or conversion of vegetation
or minimising risk of harm from a natural hazard.
If a qualification placed on an exemption is activated the use or development may either require
a permit or be prohibited.
Control applies only with respect to likely impact of the use or development on an outcome
intended by the applicable scheme provision and not from the exempt use or development
itself.
iii.
A replacement planning scheme may increase, but not reduce, the range of matters exempt
from planning control.
The Cradle Coast interim planning schemes includes an additional exemption allowing change
from a use or one type to a use of another type within a use class for each of –
a.
business and professional and the general retail and hire use classes on land in any of the
business zones;
b.
bulky goods sales, equipment and machinery sales, and Service industry on land in the
Commercial zone;
c.
manufacturing and processing, transport depot and distribution, service industry, or
storage on land in either of the Industrial zones; and
d.
agricultural use to another type of agricultural use if dependent on the soil as a growth
medium on land in the Rural Resource zone
The exemption is subject to there being an existing lawful use, and no change in the condition or
circumstance of development on the land associated with the use.
The exemption is intended to avoid interference of the planning process on the normal evolution
and adjustment of commercial and business activity within a use class.
Some current planning schemes contain exemption provisions.
However, there is sufficient variation between schemes to create an inconsistent scope of
exemption for the Region.
No single scheme provides the extent of exemption required by PD1 template.
No Permit Required
The planning reform process intends minimal regulatory intervention for use or development that
conforms to purpose of a zone, and for which likely impact on environmental, social and economic
objectives is predictably low.
An interim planning scheme must indicate in each zone Use table the use classes for which a
permit is not required.
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An interim planning scheme must identify requirements against which to demonstrate a low
impact outcome, and provide for each standard a simply compliance test expressed as an
acceptable solution.
No-permit-required use or development must satisfy acceptable solution criteria for each
applicable standard.
Use or development loses no-permit-required status if a permit is otherwise discretionary or
prohibited under any other provision of the interim planning scheme.
There is no opportunity to require a permit, to inform the community, to impose conditions, or to
refuse permission if a use or development is no permit required.
Most current planning schemes have some level of no-permit-required use or development
(identified as P1 or as-of-right). However, the categories of no-permit-required use or
development vary significantly between schemes; and are a further example of how
inconsistencies prevail.
The Cradle Coast interim planning schemes introduce a range of common no-permit-required use
categories that is in conformity to each zone purpose and for which compliance to acceptable
solutions can provide assurance of minimal likelihood for adverse impact.
The approach intends greater certainty for use or development outcomes and improved efficiency for
how planning schemes are applied and administered.
There is currently no mechanism under LUPAA by which to require or receive documents for
24
assessment or to issue a statement confirming status as a no-permit-required use .
Permit Required
A planning scheme may require a permit if the use or development is for an activity that may not
always conform to zone purpose, or for which the likely impact on desired land use outcome may not
always be certain.
The need for a permit may be indicated within a zone Use Table or within any other provision of the
planning scheme.
The permit process enables the planning authority to examine the proposed use or development
against the intended outcomes for the planning scheme and for compliance to applicable standards.
Cradle Coast interim planning schemes may indicate within a Code or Specific Area Plan provision that a
permit is required in order to more fully examine the implication of a use or development against a
specific outcome. A requirement in a Code or Specific Area Plan for a permit will always prevail against
the permit pathway indicated in the applicable zone Use Table. However, assessment and
determination of the permit application is limited to the matters for which a permit is required, and
does not open assessment to include consideration for the use itself or other complying aspects that
may otherwise not require a permit.
It may be appropriate to seek specialist advice or to invite community consideration and comment if a
proposed use or development is of a type or has characteristics with potential to compromise delivery
of any outcome intended by a planning scheme.
24
There is a draft Bill to amend LUPAA and introduce a planning compliance certificate for no-permit-required use or
development.
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It is possible to impose conditions on any permit granted for things that must be done in the context of
an individual site to ensure the use or work retains compliance, including for the order, sequence,
timing and standard of works, and for the duration of the use or development. However, conditions
cannot be imposed for the purpose of changing the nature of a use or the characteristics of a
development.
It is possible to refuse grant of a permit if the objectives or requirements of the planning scheme are
not satisfied.
There are two types of permit required pathways i.
Permit is obligatory
A planning scheme may indicate that some classes of use must always be given a permit if the
applicable requirements of the scheme are satisfied.
Use or development in this category conforms to zone purpose but may require more detailed
consideration for likely impact against the specific, measurable and verifiable tests for
compliance contained in the acceptable solution criteria for each applicable standard.
A permit must grant, with or without conditions, if the use class is shown on a Use Table as a
“Permitted”; and the use or development does not rely on performance criteria to comply with
applicable standards.
Use or development loses permit must grant status if it relies on a performance test or if a
permit is otherwise discretionary or prohibited under any other provision of the interim
planning scheme.
The planning authority cannot refuse a use or development to which this provision applies if
all applicable acceptable solution compliance tests are satisfied.
Although conditions may be attached to a permit, compliance to acceptable solutions
reduces need and capacity for a permit to further instruct how a use or development is to
occur.
In accordance with s58 LUPAA there is no opportunity for community consideration and
comment. Use or development in this category is consistent with the objectives for the
planning scheme and must deliver desired outcomes. The level of risk for departure from
the stated aims and outcomes of the planning scheme are minimal, and nothing is to be
gained for compliance by inviting third party involvement.
All current planning schemes employ an equivalent obligatory permit pathway for a range
of use classes in each zone.
The Cradle Coast interim planning schemes establish the same use classes have benefit of
the permitted pathway for each zone used within municipal planning schemes.
ii.
Permit is discretionary
A planning scheme may invite opportunity for a use or development that may not always be
in conformity to purpose of the zone or that may not always be able to satisfy the intended
outcomes.
In such circumstances the planning authority must have ability to assess the merits or
otherwise of the proposed use or development and to refuse to grant a permit if it
concludes the objectives and outcomes of the scheme cannot be satisfied.
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Section 57 LUPAA is the enabling provision for establishing a class of use or development
for which a planning authority has a power to either grant or refuse a permit.
A permit is discretionary under Cradle Coast interim planning schemes if –
a.
the use class is shown on a Zone Use Table to require a discretionary permit;
b.
if compliance relies on a performance assessment; or
c.
is otherwise indicated to be discretionary by a provision in the scheme
A discretionary permit may be granted, with or without conditions, or refused.
The matters to be taken into consideration in deciding a discretionary permit application must
be identified by the scheme i.
if the application is in a use class for which a permit is discretionary, the purpose and
objectives for the zone and for any applicable Code or Specific Area Plan are the relevant
considerations; and
ii.
if the permit is discretionary because it relies on performance criteria or is otherwise
discretionary under a provision of the scheme, then only that standard or provision is
applicable in deciding whether or not the permit is to grant
The approach serves to retain certainty for the use or development against other provisions
of the planning scheme, and removes opportunity for introduction of considerations that
would not otherwise be applicable or relevant.
There is a requirement for a discretionary permit application to be notified for a period of 14
days to allow opportunity for any interested person to inspect and provide comment.
However, Cradle Coast interim planning schemes clarify that a valid representation must be
confined to the matters for which the discretion exists. The purpose of notification is to more
broadly test for compliance and not to invite opinion on whether the use or the development is
generally acceptable within the community.
Permit Prohibited
There is some use and development that does not conform to the purpose of the zone or that can be
identified with certainty as never capable of delivering intended outcomes.
A planning scheme may prohibit such use or development.
Use or development is prohibited if –
a.
it is not specified as a permissible use on a zone Use Table;
b.
if it does not comply with an acceptable solution and there are no corresponding
performance criteria; or
c.
if it is otherwise prohibited under another provision of the BIPS 2013
The approach departs from most current planning schemes in which prohibited use was expressly
identified on the Use Table.
The following diagram illustrates how the various elements of a planning scheme collectively operate to
inform the applicable permit pathway.
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Exempt Use
(qualified)
Permitted Use
(Zone Use Table)
(No Permit Require/Permit Required)
Permit
Obligatory
Permit
Discretionary
Zone
Provisions
(Permitted
Discretion
Prohibited)
Special
Provisions
(Permitted
Discretion
Prohibited)
Code
Provisions
(Permitted
Discretion
Prohibited)
Specific Area Plan
Provision
(Permitted
Discretion
Prohibited)
Decision
Part C - Special Provisions
Cradle Coast interim planning schemes contain mandatory regulatory requirements for four matters
that are not appropriate to address by zone or other provisions
An interim planning scheme cannot add additional special provisions.
Special provisions apply for –
a.
Change of use from an existing non-conforming use to a non-conforming use of another type
An existing use that is not now permitted within a zone may be changed to another use that is
also not permitted, but only if the new use is in greater conformity to the purpose of the zone,
has a less detrimental impact on adjacent use and amenity of a locality, and does not intensify
the use.
A permit is discretionary.
The provision extends the requirements in s20 LUPAA to protect an existing non-conforming use
by creating possibility for a non-conforming use of one type to convert into a non-conforming
use of another type.
The provision supports ability for interim planning schemes to bring non-conforming use into
greater conformity with the interim planning scheme..
b.
Boundary adjustment
A permit must grant for minor subdivision that does not create a new lot and makes only minor
change in the relative size, shape and orientation of the existing lots and does not result in
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reduction in compliance to applicable standards for frontage or boundary setbacks or
conformity to zone boundaries.
c.
Demolition of a building
A permit is discretionary if demolition of a building or structure is proposed in the absence of a
permit or application for a permit to redevelop the site.
Clause 9.3 applies irrespective of whether it is intended to demolish one or more buildings or to
clear all buildings and create a vacant site.
The provision is consistent with that applying in the majority of current planning schemes.
d.
Subdivision
A permit is discretionary for any plan of subdivision other than a boundary adjustment.
The requirement derives from the legislative nexus between the function of a planning scheme
and the requirements of the Local Government (Building and Miscellaneous Provisions) Act
1993 within which there are mandatory considerations for which a decision must always
involve exercise of discretion.
The definition of subdivision is provided by the Local Government (Building and Miscellaneous
Provisions) Act 1993. Subdivision is the process for creating interests or estates in land by the
division or consolidation of existing titles.
Subdivision is expressly defined to exclude creation of a strata lot under the Strata Titles Act
1998
Subdivision is described by LUPAA to be “development” and therefore within the jurisdiction of a
planning scheme.
There are statutory provisions relating to the permit and assessment process for a plan of
subdivision contained in the Local Government (Building and Miscellaneous Provisions) Act 1993.
The powers in LG(BMP) do not create a separate jurisdiction to LUPAA.
LG(BMP) contains in Part 3 Division 2 and in Division 7 a number of decision guidelines that may
form part of or assist the LUPAA decision process.
To the extent that such considerations are applicable to assessment and determination of a plan
of subdivision for land within the Cradle Coast Region, the Cradle Coast interim planning
schemes do not propose to repeat the provisions contained in LG (BMP).
Section 81(1) establishes that land cannot be lawfully subdivided in accordance with a plan of
subdivision unless there is a valid permit under LUPAA.
LG(BMP) therefore establishes the permit pathway is to be the permit process prescribed under
LUPAA.
Section 81(2) states that unless a planning scheme provides otherwise, a permit application for a
plan of subdivision is to be made as though it were an application under LUPAA s57.
Section 84 LG (BMP) creates a qualification on the power to grant a permit under LUPAA if i.
A lot or lots on a plan of subdivision do not have the qualities of a minimum lot or are of
a size smaller than is required or permitted by the planning scheme.
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The provision prevents a planning authority granting a permit if certain aspects of a plan
of subdivision are contrary to the requirements of LG(BMP) or in the alternative, the
planning scheme; or
ii.
The Minister responsible for a State road has not advised requirements for the drainage
and discharge of water onto or under a State road
s85 contains a discretion to approve or refuse grant of a LUPAA permit for a plan of subdivision
in certain circumstances.
The provision operates in conjunction with the provisions of a planning scheme to establish the
criteria on which a permit may be determined.
S85 is said by the TPC to operate to deny the power given in s 81(2) for a planning scheme to
establish the permit pathway for determining an application for a plan of subdivision.
By analogy s85 may be described as a common provision of a type described in LUPAA s30B in
that it calls into consideration matters consistently applicable to a decision on a permit
application for a plan of subdivision.
The purpose of clause 9.4 is to more particularly ensure the effect of the discretion in LG(BMP)A
is carried into the permit pathway provisions of an interim planning scheme
s 109 prescribes the qualities of a minimum lot.
s 109(1) expressly provides that a planning scheme may prescribe the qualities of a minimum lot
to be otherwise than in s109.
Cradle Coast interim planning schemes include alternate properties of a minimum lot on a plan
of subdivision in the following provisions –
i.
Zone provisions for the suitability of a site or a lot on a plan of subdivision in terms of
physical capability to accommodate use and development.
The provision establishes a minimum area, need for a building area, and requirements
for vehicular access, provision of a water supply, and for drainage and disposal of
sewage and stormwater
ii.
Zone provisions establishing the circumstances or purpose under which a plan of
subdivision can be approved
The approach represents a departure from subdivision standards in most current schemes that
typically rely for compliance on a prescribed minimum gross lot area and external boundary
dimensions. Such standards are frequently drawn for the qualities of a minimum lot defined by
s109 LG(BMP).
The approach in most current planning scheme overlap the provisions in LG(BMP)A and invite a
plan of subdivision maximise yield without sufficient regard for whether each lot is suitable for
potential future use or development in accordance with applicable provisions of the scheme.
Part D - Zones
PD1 confirms zones as the primary regulatory mechanism for implementing the land use strategies
that underpin the purpose for a planning scheme.
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Zones apply to spatial or geographic units. The lands assigned to each zone are shown on the planning
scheme maps.
All the land in a municipal district is to be zoned.
Each zone assigns a particular purpose for how land is to be used, developed, protected or conserved
into the future. The majority of rules for how land is use or developed are applied to zones.
Planning Directive No 1 provides a suite of 23 zones.
Only these zones can be used in an interim planning scheme.
However, only the zones that are appropriate to the land use strategies for the municipal district are to
be used.
The name of each zones, the purpose for each zone, and the colour used on the planning scheme map
to indicate land assigned to a zone have all been standardised by PD1 and must not be changed.
The available PD1 zones are PD1
Clause
Number
10
Zone
Zone Purpose
General
Residential
fully serviced land for suburban density housing
and allied activity to support and service the local
community
fully serviced inner urban areas for housing and
allied activity to support and service the local
community with established patterns of lot
layout and layered periods of previous
development
land for housing and allied activity to support
and service the local community in areas
constrained by limited availability of services or
by environmental factors
land for housing and limited allied activity in a
rural setting
land for housing embedded in a natural
vegetation or landscape setting
land for integrated business, residential and
community purpose use in an urban setting
land for integrated business, residential and
community purpose use in a small rural
settlement
land for community purposes uses such as
education and health care that cannot be
integrated within an alternate zone
land for sports, active recreation, and events that
cannot be integrated within an alternate zone
land for passive recreation and natural landscape
amenity
land for business, professional and retail activity
servicing convenience needs of a local
community
land for business, community, professional, and
retail servicing a small town or group of suburbs
land for business, civic, cultural and community,
retail and refreshment, professional and tourist
functions servicing a major centre of a region or
sub-region
11
Inner Residential
12
Low Density
Residential
13
Rural Living
14
15
Environmental
Living
Urban Mixed Use
16
Village
17
Community
Purpose
18
Recreation
19
Open Space
20
Local Business
21
General Business
22
Central Business
Toward Consistency – A Guide to the Interim Planning Schemes of the Cradle Coast Region (October 2013)
Appendix
Appendix 2Land for
Residential
Purposes
Appendix 3
Land for Mixed
Use Purposes
Appendix 4
Land for
Community
Welfare and
Wellbeing
Appendix 5
Land for Business
Purposes
Page | 42
23
Commercial
24
Light Industry
25
General
Industrial
26
Rural Resource
27
Significant
Agriculture
Utilities
28
land for bulky goods, large format retail and
service industry
land for manufacturing and processing, service,
transport and storage if no impact for amenity
adjoining land
land for manufacturing and processing, service,
transport and storage if there are likely impacts
on amenity of adjacent land
land for primary production such as agriculture,
forestry and mining and for other use or
development that does not constrain or conflict
with resource development, including resource
processing
land for high value agricultural production on
high productivity agricultural land
land for major utility installations and corridors,
and may include complementary use
29
Environmental
Management
land for protection and conservation of land with
significant ecological, scientific, cultural or
aesthetic value, or significant likelihood of risk
from as natural hazard
30
Major Tourism
31
Port And Marine
land for major tourist sites in rural or urban
settings
land for port and marine activity related to
shipping and transport of freight and passengers
32
Particular
Purpose
land for a purpose that cannot otherwise be
accommodated within a specific purpose zone
Appendix 6
Land for Industrial
Purposes
Appendix 7
Land for Primary
Production
Appendix 8
Land for Utility
Purposes
Appendix 9
Land for
Environment and
Hazard
Management
Appendix 10
Land for Tourism
Appendix 11
Land For Sea
Transport
Appendix 12
Land for Additional
Purposes
Each PD1 zone has a particular and mandatory purpose for indicating how land is intended to be utilised
into the future, and for the rules that are to apply for use and development on land within the zone.
The mandatory purpose for each zone cannot be modified.
Mandatory zone purpose statements ensure a consistent approach to the allocation of zones for each
municipal district within Tasmania.
If land is assigned to a zone intended for residential use it cannot also be used for manufacturing
processing, transport, and storage or service industry activity because there is a different zone
specifically intended for that purpose.
The task of transitioning current planning schemes zones into the most corresponding PD1 zone was
not be without complication.
Some schemes had as few as 4 zones. None employed 23 zones.
There was not always a direct match between an available PD1 zone and each zone in a current
planning scheme.
However, it was critical for consistency that each municipal replacement planning scheme employed
available PD1 zones in the same manner.
Zone translation into interim planning scheme required examination of current zone objectives against
PD1 zone purpose statements. The most equivalent or corresponding zone was applied. In some
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situations it was required to divide current zones into two or more PD1 zones or to amalgamate two or
more current zones into a single PD1 zone.
Consistency between interim planning schemes requires that some aspects of a planning scheme must
change. However, consistency does not demand radical shift in planning purpose or outcome, or
significant change in the regulatory burden on use or development of land.
An intention to apply the same rule for the same purpose means a draft replacement planning scheme
may create differences in how land use is described and regulated.
In some instances the different will be marginal. In other situations it may be more substantial and
significant. This is an unavoidable and acceptable consequence of the drive toward consistency.
The process of preparing a draft interim planning scheme does not invite significant change in the
purpose or intended outcome of the land use strategy that underpins the provisions of the current
scheme.
The purpose for the provisions in a planning scheme would normally change if –
i.
not in accordance with State Policy;
ii.
inconsistent with or unlikely to further the objectives and policy in the Cradle Coast Regional
Land Use Strategy; or
iii.
no longer relevant and appropriate to the reasonably foreseeable future needs of the
municipal district or the capability of land for use or development
However, the interim planning scheme process limits capacity to make change that is consequential
upon shift in local strategy.
The following principles have guided translation of a current planning scheme into an interim planning
scheme. The principles ensure unnecessary change in strategic purpose between the current planning
scheme and the replacement planning scheme.
i.
Retain Strategic Purpose
The majority of Cradle Coast councils have embodied local land use strategy within the
provisions of current planning schemes.
Regular and incremental review and amendment of current schemes under LUPAA has assisted
to ensure current planning schemes remain reasonably aligned to the underlying local land use
strategy.
The underpinning reasons for land use control must be preserved in replacement schemes.
It is necessary that an interim scheme translate current purpose and provisions into the purpose,
format, and structure of PD1.
This includes translating current planning scheme zones to the corresponding or most equivalent
PD1 zone. Careful consideration must be given the mandatory purpose provided for each PD1
zone. The PD1 zone with the best fit to the current zone purpose must be used.
The objective is to maximise alignment between the strategic purpose of the current scheme
and the strategic purpose of the proposed replacement planning scheme. The replacement
planning should not be radically different to the current scheme in terms of how it intends land
be used or developed.
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Translation requires zone boundaries be maintained as they area under the current planning
scheme unless there is sound State or regional strategic or regulatory reason to do otherwise.
Land allocated under the current planning scheme for residential, mixed use, community,
business, industrial, resource, utility, environmental management, port and marine, or tourist
purposes is to be retained for such purpose.
Similarly, the purpose of the rules that apply to control use or development in each zone must
remain consistent with the outcomes intended under current rules
ii.
Prioritise Strategic Purpose
Zones and control provisions must not serve contradictory strategic purpose.
It is possible a current planning scheme zone or provision may suggest two or more seemingly
different purposes for the same land area. However, in most instances there will be a priority
purpose, and a range of ancillary purposes that may occur without compromise to the primary
purpose.
Preparation of an interim planning scheme must apply the PD1 zone that is most directly
equivalent to the current priority strategic purpose for the land.
It is not appropriate to elevate secondary purposes and shift strategic outcome through
application of an alternate PD1 zone.
It is also inappropriate to include additional zone purpose statements that create contradictory
or incompatible intention to the PD1 statement for future land use.
iii.
Adjust Strategic Purpose
Although replacement planning scheme must apply the PD1 zone that is most equivalent to the
current strategic purpose for land, an exact conversion may not always be possible.
Zones with similar names do not necessarily reflect similar purpose. The match must be
between zone purpose and not zone identifier.
There may be circumstance where it is necessary to adjust the current identified strategic
purpose of land in order for a replacement planning scheme to achieve a closer fit to PD1 zone
purpose. However, the current core purpose for the land must remain intact.
The degree of change will be subject to alignment between zones under the current planning
scheme and the zones available under PD1.
There is some misalignment in description of zone purpose between the current scheme and
purpose provided for PD1 zones. Conversion will require adjustment. However, such
adjustment must not subvert the primary purpose of land under the current scheme.
Thus residential land is to remain residential although it may adjust from rural living to
environmental living to match the available distinction for setting; or business land is to remain
allocated for business notwithstanding it may adjust from general business to local business to
match strategic policy.
However, if residential land is translated into an Industrial zone, the effect is a change and not an
adjustment.
The outcome of adjustment may be to reduce or expand the number of zones applying for a
particular strategic outcome.
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Strategic purpose for land is to be adjusted only if –
a. There is a PD1 zone with a more applicable purpose and such a zone is not provided in the
current planning scheme
PD1 provides 22 nominated purpose zones, and a flexible Particular Purpose zone for
outcomes not otherwise specified.
The current scheme may have a lesser or greater number of zones, and may therefore not
provide a zone with an immediate corresponding PD1 purpose or it may incorporate the
purpose of two or more PD1 zone purposes within a single zone.
It may be necessary in such circumstances to divide the current zone into two or more
PD1 zones.
The task anticipates need for some form of local land use strategy, settlement plan, or
structure plan to inform the division of a single zone into parts of a different purpose. In
the absence of such documents the replacement scheme must apply the most equivalent
PD1 zone, and this may of itself may carry risk of a change in zone purpose.
b. A purpose provided for by a separate zone in the current planning scheme can be
incorporated within a broader purpose for a PD1 zone
PD1 zone purpose statements may distribute a particular strategic purpose in a manner
that is different to the current planning scheme.
Purposes that are separated into individual zones under the current scheme may require
aggregation as a single purpose zone under a PD1 zone.
The principle applies in the case of the community purpose and open space zones for
small-scale activity on individual sites within areas designated for residential use. PD1
anticipates a residential zone is to include provision for non-residential activity that is an
integral and necessary part of a residential use area. This may eliminate need to
separately zone sites such as small school and parks that primarily service the local
community.
iv.
Change Strategic Purpose
There may be circumstances where the strategic purpose for land within a zone under the
current scheme is –
a.
inconsistent with and unlikely to further State Policy or regional land use strategy; or
b.
conversion of the land into the most corresponding PD1 zone may not be in accordance
with a mandatory planning objective or strategy
In such circumstances it may be appropriate to change strategic purpose of land by applying a
PD1 zone that does not correspond to purpose of the current zone.
However, the direction and scale of such change must be proportional to the planning purpose
to be served and must always to be supported by knowledge-based strategy or formal regulatory
instruction.
A replacement planning scheme is only to change strategic purpose for land if -
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a. The declared intention for future use of the land is detailed and explained in an adopted
State, regional, or municipal strategic land use statement or policy directive
The planning strategy must be of a standard sufficient to demonstrate compliance to the
requirements of s20, s21, and s30A LUPAA.
i.
A State or regional land use strategy must have been completed in accordance with
any applicable regulatory process.
The Cradle Coast Regional Land Use Strategy 2010 – 2030 provides a mandatory policy
foundation for land use planning in a regional context.
Consistency to the regional strategy may reasonably require adjustment in existing
and proposed local strategy.
The CCR LUS is a relatively high level statement of regional intent for land use
planning. While policies and objectives are reasonably specific for required outcome,
the pathways to compliance are indicated in broad terms.
Application of the CCR LUS objectives and policies to preparation of interim planning
schemes invites opportunity for change. The CCR LUS clearly implies the status quo is
not a reasonable or responsible position from which to draft contemporary and
consistent.
The CCR LUS requires that a replacement planning scheme make such change to the
underpinning strategy if necessary to achieve consistency.
The CCR LUS intends that replacement planning schemes are only to change
regulatory provisions, including the purpose for which land is zoned in the event the
current planning scheme does not adequately reflect the strategic outcomes for the
regional position on land use planning.
The CCR LUS contains instruction to support possible need for considerable change in
the purpose for which land is zoned at both a localised small scale and more
extensively.
For example –
The CCR LUS objective that the amount of land assigned to a residential zone must
match demand and provide not less than a 10 year and not more than a 20 year
supply may require a replacement planning scheme either increase or reduce the land
area assigned to residential use in the current planning scheme if there is detailed
municipal supply and demand analysis.
ii.
The interim planning scheme process must not be used to introduce change in the
strategic purpose of land to support a proposal for a use or development on an
individual site that is currently prohibited and that would have otherwise have been
required to independently satisfy the statutory process for a scheme amendment and
associated permit.
It is important that the interim planning scheme process maintain a broad and
impartial perspective to retain establishes strategic purpose and not become
influenced by individual proposals to advance opportunity for use or development.
b. There is a regulatory requirement for the replacement planning scheme to either include or
exclude control over a particular planning outcome
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The strategic purpose may not be recognised and the obligation may not be addressed in the
current scheme. In such circumstance the interim scheme must introduce additional purpose
and provisions.
Current and proposed Planning Directives may introduce or redirect strategic purpose,
including for greater attention to minimising risk from natural hazard and environmental
harm.
Alternatively, the current planning scheme may indicate a purpose and include controls for a
matter that is not properly within the jurisdiction of a planning scheme or for which the State
has subsequently directed is not to be addressed by a planning scheme.
The introduction of PD4 expressly excludes capacity for a planning scheme to regulate certain
aspects of single dwelling development or to require outcomes that are less than or exceed
the outcomes prescribed for a particular element of single dwelling development.
v.
Coordinate Strategic Purpose
An interim planning scheme is an enforceable regulatory instrument made under the statutes of
Tasmania.
A planning scheme is a component part of the State’s land use planning system.
In common with a minimum of 28 similar instruments, section 30A requires each interim planning
scheme is to deliver State and regional consistency in purpose and provision.
The State has determined the format and structure of planning schemes must be consistent
between municipal districts and that the strategic purpose for such schemes must be coordinated
on a regional basis in terms of economic, environmental and social outcomes.
It follows that the application of regulatory mechanisms for identifying and controlling land use
outcomes, including zones, must be coordinated between municipal districts.
Therefore, the allocation of zones to land under a replacement planning scheme must be –
a. coordinated within the municipal district
It is important for operational efficiency that a replacement planning scheme is internally
consistent and applies the same purpose and rules for different land areas if there is a
common strategic intent.
All land with a similar assigned purpose under the applicable strategic land use planning
framework is to be included in the same PD1 zone.
b. coordinated with the zones applying in the replacement scheme for other municipalities
within the region
Conversion of current planning scheme zones in accordance with PD1 must deliver the level
of coordination required under s 21 LUPAA.
PD1 zones must be used in the same manner between replacement schemes.
Successful implementation requires common understanding for the purpose of each zone
and the issues to be taken into consideration when determining zone selection.
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Variation in the allocation of a zone or zones for a common purpose will generate confusion
and unnecessary difference and may fail to deliver coordinated strategic outcomes and
consistent regulatory control.
Adherence to these principles has minimised shift in underlying strategic purpose.
Appendix 4 to 14 inclusive provides an overview of the principles for allocation of land within each of
the available PD1 zones.
The Region did not use the Inner Residential and the Significant Agriculture zones in replacement Cradle
Coast planning schemes.
The reasons for not allocating the zones are discussed in Appendix 4, 9 and 12.
Local Area Objectives and Desired Future Character Statements
A planning scheme may include local area objectives and desired future character statements for each
zone to identify and more particularly describe the outcomes for utilisation and development of land
as required by land use strategy and policy.
Local Area Objectives and Desired Future Character Statements provide a verbal picture to describe
the destination or end state for land in each zone, including for the nature of activity, the
presentation buildings and spaces, and the relationship between sites through successful
implementation of the rules and requirements applying for the zone.
Local Area Objectives and Desired Future Character Statements are operational in terms of decision
processes.
The Cradle Coast Region template planning scheme provides common Local Area Objectives and
Desired Future Character Statements for each zone.
The land use planning circumstances and the likely future outcomes for use and development are
considered to be sufficiently similar between municipal districts to allow application of common
statements without loss in purpose or for practical and measurable planning outcome.
The Template position assumes the function of local area objectives and desired future character
statements is not to provide highly individualised descriptions for each locality.
Zone Use Tables
A planning scheme must –
a. identify the uses that conform to the purpose of each zone; and
b. establish whether a permit is required
The Use Table is the principle mechanism within the BIPS 2013 for indicating whether a use class
conforms to the purpose of a zone.
The Cradle Coast interim planning schemes include a separate Use Table for each zone.
If a use class is identified on a Use Table it is permissible on land within that zone.
If a use class is not identified on a Use Table it is prohibited on land within that zone.
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A Use Table may include a qualification on the type or intensity of use permissible within a
particular use class to deliver more specific and detailed land use control by limiting the type or
form of use within a use class, or the circumstances under which such use may occur.
The effect of a qualification may mean some activity within a use class –
a. have a different permit pathway to other activity within the same use class; or
b. is prohibited
It is important therefore to examine the full Use Table before establishing whether a use class is
permissible and the nature of any permit requirement.
The Use Table must appear in the following format –
Use Table
No Permit required
Use Class
Qualification
Permitted
Use Class
Qualification
Discretionary
Use Class
Qualification
Prohibited
Any other use
The approach in the Cradle Coast interim planning schemes is different to the format in many current
planning schemes for indicating permitted use.
The Cradle Coast interim planning schemes adopt a common position for permitted use, qualification,
and permit requirements for each zone.
The permitted uses for each zone are shown in Appendix 15
Permitted use classes are those that would normally be expected as required or appropriate to
service and support the purpose and objectives for each zone, including service and support uses that
may otherwise have separately zoned under current planning schemes.
The Cradle Coast interim planning schemes promote flexibility and diversity in opportunity to meet
zone purpose by permitting a broad range of use classes for each zone. The range of permitted use is
set intentionally wide so as to accommodate changing need without need for scheme amendment.
The approach has potential to allow opportunity for types of use within a use class that were not
previously available. Alternatively, the effect may be to exclude some activity previously allowed.
However, such change is an inevitable and unavoidable consequence of –
i.
need to rationalise a high level of difference between current schemes for the manner by
which use is described;
ii.
need to rationalise differences in the permit requirements for like uses between current
schemes; and
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iii.
strategic intent for planning scheme reform to minimise the number of discretionary permit
uses and create a more certain permit pathway based on compliance to use or development
standards rather than on crude classification to type
Zone Use Standards and Development Standards
Use Standards and Development Standards provide the rules for what must be done by an individual
use or development in order to establish compliance with the planning scheme.
The BIPS 2013 must –
i. indicate the outcomes intended for permitted use or development; and
ii. provide the tests that are to apply for establishing compliance
Planning Directive No 1 indicates any provision in a planning scheme that contains the rules for
how use or development is occur is to be known as a “standard”.
Planning Directive No 1 requires the standards for use or development specific to the purpose of
a zone must be contained in zone provisions;
There must be separate standards for use and for development –
i.
Use standards are concerned with the likely impact from how land is utilised by the use classes
that are permitted within each zone.
ii.
Development standards are concerned with the likely impact of building, excavation and fill,
demolition, land clearing, and other works undertaken on land in order to prepare for and
conduct a use.
Standards must be necessary and appropriate to a planning purpose identified by the planning
scheme.
Standards must –
i.
provide certainty and clarity for what is intended and how compliance is to be established;
ii.
include specific, measurable and verifiable outcomes and tests; and
iii.
intend outcomes that are achievable, durable, and enforceable
The requirements in PD1 for format and structure of a planning scheme require each standard must
be set out in tabular form –
Objective
An objective is a statement of intended and achievable outcome that is to function as the primary test for
compliance.
Acceptable Solution
Performance Criteria
An Acceptable Solution is a specific, measurable and
verifiable criterion for establishing compliance to
the objective.
Performance criteria are the matters that must be
taken into consideration when determining whether
there is compliance to the objective.
Compliance to an Acceptable Solution is evidence
Performance criteria allow opportunity for flexibility
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that the objective is satisfied without need for
further information or assessment.
and innovation in how a use or development satisfies
the objective.
Reliance on Acceptable Solution criteria provide
certainty that the use or development will always
comply and that a permit must be granted
Performance criteria are an alternate pathway to
compliance, and do not operate to waive, modify or
relax requirements for compliance to the objective.
Reliance on performance criteria always creates a
discretionary pathway to grant of a permit. If the
objective cannot be satisfied, a permit must be refused.
All current planning schemes contain use or development standards.
Some schemes presented standards in a format similar to that required by PD1. Others employed
entirely different formats.
Some schemes arranged standards applicable for use or development within the zone provision.
Others divided applicable standards between zone provisions other parts of a scheme; and others
placed use or development standards apart from core zone provisions.
Use and development standards are strong candidate provisions for regional consistency.
The task of preparing replacement planning schemes involved more than simply reformatting current
provisions into a PD1 consistent instrument.
It required review of current provisions against State policy and direction, regional land use strategy,
and local land use plans to ensure purpose of the regulation is relevant and appropriate to intended
outcome.
The task required that factors common for assessment of permit applications are to be identified for
each municipal district and that there be consensus on those matters for which it is reasonable and
necessary to be consistent.
The Cradle Coast interim planning schemes contains common use standards and common
development standards to provide a complete approach for managing use and development
outcomes.
Unless there are very particular circumstances required by local land use strategy, it is unlikely
additional use or development standards will be required to provide a functional planning scheme.
i.
Common Use Standards
Use standards are primarily concerned with assessing a permit for a use class identified on the
zone Use table as requiring a discretionary permit.
For residential zones, Use Standards manage the type, scale, frequency, intensity, location, and
hours of operation of use that does not occur in a dwelling. The objective is to ensure each use
is reasonably required to meet the needs of the local resident community and without
unreasonable intrusion and impact on amenity of other use.
For a community zone, Use Standards seek to protect purpose of the zone to deliver a service,
facility or function of general need and benefit for the community.
For business, industry, transport and utility zones, Use Standards are concerned with
maintaining function of the zone for activity that is necessary to meet needs of the local
community and the Region as designated places providing for retail, commerce, industry,
transport, or utility facilities and services.
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For primary industry land, Use Standards assess likelihood for a use to permanently exclude
access to land containing a natural resource or to unreasonably interfere or constrain a primary
industry activity.
For environmentally significant and open space areas, Use Standards assess likelihood for use to
impact on natural or cultural values.
ii.
Common Development Standards
Development standards primarily deal with capacity of a site for use or development, physical
aspects of buildings and works on land, and the likely impact on amenity of other use or
development within the site and on land beyond the boundaries of the site.
Assessment criteria address –
 suitability of a site in terms of area and dimensions ;
 suitability of a site for use or development in terms vehicular access from a road, and
arrangements for provision of a water supply and for drainage and disposal of sewage
and stormwater;
 dwelling density to optimise use of land and of available or planned utilities and other
infrastructure, and to maintain character of an urban or rural setting;
 position of buildings and works within a site in terms of setback from a frontage, side or
rear boundary or from a major road for streetscape character and protection against
overlooking, overshadowing, and emissions to adjacent development;
 bulk, intensity and scale of buildings in terms of building height and site coverage to
balance efficient use of land with desired future character outcomes, and to protect
amenity on adjacent land against overlooking, overshadowing, and emissions;
 placement of buildings and external activity areas in rural and environmental areas
relative to hill crests and ridgelines, watercourses, water bodies and shorelines for visual
impact, and ecological and physical process outcomes;
 relationship between buildings and works within a site and between adjacent land in
terms of likely impact on access to sunlight, protection of acoustic and visual privacy for
habitable rooms in a dwelling, and the provision of private open space;

setback from a boundary of a zone with a purpose that is inconsistent with the zone
applying for the development site;
 clearing of vegetation and change in natural or existing ground level for protection of
visual qualities and for avoiding adverse environmental outcomes or risk to other land
and development;
 level of likely risk from exposure to a natural hazard, an environmental harm, or aircraft
operations;
 conservation of buildings, places and other areas of identified architectural or historic
interest or special cultural value for the municipal district;
 arrangements for loading and parking of vehicles;
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 provision of telecommunication facilities;
 signs;
 protection of water courses and water bodies
Scope of Control
A planning scheme is a particular form of regulation with a prescribed purpose to manage the use,
development, conservation and protection of land.
The scope of the matters regulated is potentially extensive.
However, the authority of a planning scheme does not extend to include matters for which there is an
alternate and competent jurisdiction; or for which there is no objective standard for demonstrating
compliance.
In this regard the following are relevant for the scope and purpose of use or development standards
i.
Amenity
The Cradle Coast interim planning schemes provide specific and measurable outcomes for
amenity.
‘Amenity’ is defined to mean “in relation to a locality, place or building, any quality, condition, or
factor that makes or contributes to making the locality, place or building harmonious, pleasant or
enjoyable”
In many respects it is the purpose of a planning scheme in its entirety to address amenity
considerations.
There is no single benchmark from which to measure ‘amenity’. Instead, a combination of
factors and reasonable expectations may contribute to assessment for impact on amenity,
including 
purpose of the zone;

proximity of a site to another zone with a different purpose;

nature, capacity, and reliability of available utilities;

availability and convenience of access to facilities and services, including for education,
health, recreation and retail;

nature and pattern of established use;

standard and condition of existing development, including for buildings, public places,
and roads;

level of exposure to emission of noise, light, particulates, odour, or vibration;

level of exposure to a natural hazard;

outlook and views;
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
topographic and natural features, including flat land, and proximity to natural vegetation
or a water body

level of intrusion on privacy by overlooking of a habitable room or private open space;

access daylight and sunlight
Interim planning schemes addresses amenity through both Zone and Code provisions.
Desired Future Character Statements describe the intended outcome for use or development in
each zone. Such statements establish the base line for amenity by explaining the “qualities,
conditions and factors” reasonably expected and what can reasonably be provided to achieve
the purpose for which land is zoned.
The Template includes standards to provide assessment tests for determining whether individual
use or development can deliver the desired “qualities, conditions and factors”.
Each Standard generally contains an ‘Acceptable Solution’ on which to determine compliance.
Compliance to an ‘Acceptable Solution’ exhausts need for further assessment and allows
conclusion the proposed use or development will achieve a reasonable amenity outcome.
Some forms of permitted use or development may have inherent capacity for outputs that
impact on amenity. Use standards seek to minimise likely impact by regulating the location,
intensity and frequency of such use.
Interim planning schemes accept commitment to strategic purpose require some activity must
occur in locations where there may be a detectable impact on adjacent land. Primary industry,
road and rail transport, general industry, business, utilities and community purpose and
recreation use may each have amenity implications. The Template seeks to ensure such use is
not unreasonably constrained by a need to establish and maintain amenity at a standard that
would occur in the absence of such use.
Interim planning schemes recognises personal considerations may sometimes be argued in
support of a proposition that an individual use or development may result in outcomes that are
not “harmonious, pleasant or enjoyable”. However, it is not appropriate to entertain subjective
assessment from the position of those who have expectations that are not in concert with the
purpose and objectives stated for a planning scheme. Social and economic status, ethnicity, or
faith is not an amenity consideration.
Standards for suitability of a site for use or development in terms of sufficient land area,
convenient and safe vehicular access, adequate provision for a clean water supply, and
appropriate disposal of sewage and storm water are amenity considerations for creating
practical, safe and healthy places.
Standards for the location and configuration of buildings support amenity outcomes through
control on the general scale, bulk, and appearance of buildings and external activity areas, and
on the more particular impact of occupation on the level of enjoyment in adjacent buildings and
external areas, including for protection of access to sunlight and privacy.
Consideration is also given the proximity of use on adjacent land at a zone boundary to manage
likely impact between activities that are generally not compatible.
ii.
Health, safety, and environmental management
There is a field of regulation external to the land use planning process that deals expressly with
human and environmental health, and with protecting the safety of people and property from
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exposure to risk from the nature and output of activity and materials associated with the use or
development of land.
The Environmental Management and Pollution Control Act 1994 (EMPCA) provides a
comprehensive set of independent powers and standards on which to assess and enforce control
over the likely environmental impact from use or development; including for any activity with
25
potential to create an environmental harm, environmental nuisance, or pollution.
The Local Government Act 1993 contains an offense of statutory nuisance, and provides a
municipal council must issue a notice to abate. Nuisance is defined to include anything that
causes, or is likely to cause, danger or harm to the health, safety or welfare of the public; a risk
to public health; gives rise to unreasonable or excessive levels of noise or pollution; is likely to
26
be, a fire risk; or constitutes an unsightly article or rubbish.
The Local Government Act 1993 provides authority to address instances where the conduct of an
activity is offensive or dangerous. The provision is perhaps more effective than a permit
assessment because it does not require predetermination of likely output, and avoids need for
generalisation. It provides a remedy that can be tailored to the particular circumstance, and is
therefore immediate and dynamic.
There are several regulations separately dealing with activities, goods, materials, processes,
plant, products and wastes that if used, handled or stored in accordance with all measures to
avoid or minimise impact could create a significant risk to human health, life or property or to
the biophysical environment, including Workplace Health and Safety Act 1995 and the
Dangerous Goods Act 1998
The requirements of these various regulations provide a directed capacity to foreshadow likely
risk and address outcomes that may be unacceptable for the health safety and security of
people, property and the environment.
Such regulation removes need for a planning scheme to separately include provisions to control
emissions to air, land or water.
Some current planning schemes include attenuation standards for minimum separation
distances between a use with potential to have adverse impact on amenity, health, or safety and
other use that may be susceptible to such risk.
Attenuation standards operate on the assumption that there is a distance at which the likely
effect of a use has diminished to a level that is deemed acceptable for other use.
While there is some credibility in the assumption, many factors contribute to the efficacy of
attenuation distances, including topography, prevailing winds and local atmospheric conditions,
and intervening use, buildings, and vegetation.
Attenuation distances are somewhat arbitrary and provide limited assurance a tolerable
outcome will eventuate.
25
EMPCA requires that certain types of activity for which a planning scheme permit is required (Level 2 and Level 3) must
be referred to the EPA for separate assessment and determination on environmental matters before a planning permit can
be granted; and that any conditions required by the EPA must be incorporated without modification in such a permit. The
EPA may also “call in” a permit application for other activity if it is considered likely the use may have potential to cause an
environmental problem if not adequately managed. All other use or development for which a permit is required must be
environmentally assessed by the municipal council, and any requirements for environmental management can be enforced
through provisions of a planning permit. However, the authority for assessment and the standards for compliance are
external to the planning scheme.
26
Part 12 Division 6 creates an obligation to abate a nuisance. If a council detects a nuisance it must issue an abatement
notice detailing what is required to remedy the situation. In the event the abatement notice is not observed, the council
may take action to remedy the situation itself.
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Caution is necessary in any endeavour to comprehensively identify any use that has a potential
to adversely impact on sensitive use.
There are prescribed regulatory limits external to the planning scheme on the acceptable level of
emissions to air, land and water. Such standards apply for any activity for which there is
reasonable science to support a tangible or likely risk to the health and safety of people and the
environment.
It is inappropriate to reproduce such standards as provisions within a planning scheme.
Attenuation standards seek to extend alternate regulatory control so as to protect amenity in
terms of detectable annoyance. This is a risky proposition in that the level of tolerance between
individuals is never a constant.
There is a problem with establishing which uses are to be subject to attenuation standards.
Application to PD1 use classes would be too restrictive. Selection of individual activities from
within a use class carries risk some activity will be missed.
Attenuation standards tend to be sensitive use centric. Priority is given protection of the
amenity and convenience of residential and other use where they is likely to be a concentration
of people. The approach disadvantages activity for commerce, industry, recreation, and utilities
that is otherwise invited under other provisions of a planning scheme.
Such an approach is inconsistent with a balanced approach to land use planning and is
inequitable against the objectives in LUPAA and the CCR LUS to maximise efficiency of land for all
forms of use or development, and may undermine the achievement of mandatory zone purpose
statements.
Each zone is allocated a particular strategic purpose to benefit sustainable environmental, social
and economic outcomes for the Region and the municipal district. Land assigned to a zone must
be capable of being used in accordance with strategic purpose.
The assignment of zones is clearly indicated on the planning scheme map.
Attenuation standards have potential to sterilise new use or any future change in use or
redevelopment of established land. Such risk generates uncertainty for what may be achieved
against the uses permitted in a zone that is assigned for purposes other than residential or
sensitive use.
The Cradle Coast interim planning schemes intend attenuation outcomes be achieved through
the following mechanisms –
a.
Setback from zone boundaries
It is not realistic to expect the same amenity outcomes for use of land immediately
adjoining a zone with a different purpose as can be expected for sites embedded within
the body of land for a particular purpose.
However, the Template recognises both sensitive and non-sensitive use has a
responsibility to provide a level of ‘good neighbour’ outcome, and imposes a zone
boundary setback and restriction on the form of activity and development that is to occur
on the interface.
b. Setback from major road and rail infrastructure to mitigate traffic noise and odour.
c. Sensitive use development in proximity of an airport is to mitigate noise and safety risks
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iii.
Architectural Design
Cradle Coast interim planning schemes do not include provisions for architectural design or
aesthetics.
The exception is in areas to which the conservation provisions of the Local Heritage Code apply.
Architectural design and appearance of buildings are factors largely determined by
contemporary fashion, technology, economics, and personal and cultural choice.
As such, the approach to design and detail of buildings must accommodate the dynamic and the
unpredictable. Standards for design can unavoidably defer to the conventional, can rapidly
become out-dated, and are counterproductive to innovation and change.
Unless there is a well resolved urban design analysis establishing a clearly articulated and
necessary outcome, and providing objective assessment criteria agreed by the local community,
planning schemes do not control architectural design or aesthetics.
The approach is consistent with the instruction in PD4 not to include design and appearance
standards for single dwelling development for residential use.
iv.
Protection of utilities and other infrastructure assets
Objective (h) of Part 2 to Schedule 1 of LUPAA requires planning processes protect public
infrastructure and other assets.
The objective is not understood to mean that a planning scheme is to create, replicate or extent
provisions that would otherwise applying under alternate regulation to protect utility and other
infrastructure assets such as roads and railways.
Cradle Coast interim planning schemes do not include provisions for protection of –
a.
The safety or operation of a highway defined under the Roads and Jetties Act 1935 or the
Local Government (Highways) Act 1982 for the reason that both statutes create a
responsibility on a body other than a planning authority to manage the safety and
operation of a road.
Cradle Coast interim planning schemes require access between a site and the carriageway
of a road must be in accordance with the relevant highways legislation.
An applicant for a permit is encouraged to consult with the relevant highway manager
and obtain a statement of compliance for road access prior to lodging the permit
application.
The relevant road manager may require a traffic impact assessment in order to determine
the likely effect of access on the operation and safety of the road, and whether conditions
are to apply for the location, design, capacity and construction of any approved access.
The interim planning schemes contain requirements that sensitive use development be
setback from a major road for reasons of amenity and not for protection for operation or
safety of a road.
The Codes E7 – Signs requires signs visible from a highway must not be of a type likely to
impact on operation or safety of a road.
b.
The operation and safety of infrastructure assets for a water supply and for drainage and
treatment of sewage and waste water for the reason that the Water and Sewerage
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Industry Act 2008 contains specific provisions under which the relevant entity has a
power to assess and impose conditions on any use or development with a potential to
impact on the operation or safety of a water or sewerage asset.
c.
The safety or operation of a railway for the reason that the Rail Infrastructure Act 2007
contains specific powers to enable the rail infrastructure manager to make arrangements
for the safety and operation of a railway, including through control over the use of land
adjoining a railway.
d.
The safety and operation of stormwater drainage systems for the reason that the Drains
Act 1954 creates a power on a local authority other than the planning authority to control
and maintain drains.
Cradle Coast interim planning schemes require that development make appropriate
arrangements under the Drains Act 1954 for discharge of stormwater into a storm water
system.
e.
The safety and operation of the natural gas pipeline for the reason that the Gas Pipelines
Act 2000 provides a power to create a gas pipeline corridor and an obligation on a
planning authority to undertake certain actions for determining safety and operation if
there is a permit for use or development on land within the pipeline corridor
f.
The safety and operation of electricity transmission and distribution conductors and other
installations for the reason that such considerations are a responsibility of the relevant
electricity entity to enforce
g.
The safety and operation of telecommunication infrastructure for the reason that
telecommunication is a matter for Commonwealth jurisdiction and beyond competence
of subordinate State regulation
Part E - Codes
Codes are particular provisions within a planning scheme that apply for matters that are not specific to
a zone or that apply equally for two or more zones.
The Cradle Coast interim planning schemes contain the following Codes –
E1 - Bushfire Prone Areas
E2 – Airport Impact Management Code
E3 - Clearing and Conversion of Vegetation
E4 - Change in Ground Level
E5 - Local Heritage
E6 - Hazard Management
E7 - Signs
E8 - Telecommunication Infrastructure
E9 - Traffic Generating Use and Parking
E10 - Water and Waterways
There were a range of code equivalent provisions in most planning schemes, including for areas of
doubtful land stability; riverside, wetland and shoreline areas; conservation of local heritage; roads,
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railways and waterways; land clearing; protection from sea level rise; subdivision of land; multiple
dwelling development; car parking and access; and signage.
Some schemes presented such provisions in a Code (or Schedule)format similar to that required by PD1.
Other schemes employ alternate structures.
Appendix 14 provides an introduction to the reasons and provisions for each Code.
Part F - Specific Area Plans
Specific Area Plans are provisions that apply for a particular area within a zone or for an area comprising
land in two or more zones to provide use or development standards
Specific area provisions may be required if there are particular circumstances and conditions within an
area for which the common provisions of the scheme do not adequately describe or support the
desired future outcome.
The circumstances must be such that it is not possible to address the issue within the standard
provisions of a zone or a Code.
A specific area provision must be supported by a detailed local land use strategy or structure plan
containing outcomes that are sufficiently well resolved to allow ready translation into regulatory
requirements.
There must be a clear planning purpose supported by sufficient evidence to demonstrate specific local
rules are necessary.
Specific area provisions are required to support the broader underpinning strategies and policies of the
replacement planning scheme.
A specific area provision cannot be employed to avoid a mandatory zone purpose or to exempt land
from the general provisions of the scheme because the core strategy is considered unnecessary or
unreasonable.
A SAP may expand upon zone purpose, local area objective, or desired future character statements.
However, a specific area plan is not to function as an alternate zone.
Although PD1 clause 7.4.2 provides the provisions of a specific area provision prevail against provisions
of a zone or an applicable Code, such provision must not be used to circumvent core purpose of a zone
or Code.
A specific area plan may qualify the Use Table applying for a zone or zones to either expand or contract
the permitted use classes. However, permitted use must remain in conformity to purpose of the zone.
A specific area provision may modify an applicable use or development standard. A SAP may add
particulars to compliance criteria in order to enhance but not diminish outcome. In this regard a SAP
may offer an alternate assessment pathway not otherwise appropriate for land outside the specific
provision area. However, the scheme must be careful not to enable outcomes that are a radical
departure from the standards expected for the same use or development on land within the balance
area of zone.
A specific area provision is not synonymous with a specified departure. The latter is intended to set
aside the requirements of a planning scheme and allow a use or development for a purpose or in a
manner not otherwise permitted under the primary provisions.
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Specified departures are made through the scheme amendment process (or dispensation during
currency of an interim planning scheme).
Content of the Cradle Coast regional template intends to minimise need for specified departure
amendments. .
Not all current planning schemes contain provisions that may properly be considered as Specific Area
Plans.
There is no obligation to include specific area provisions in a replacement planning scheme.
Specific local provisions
The Template Planning Scheme may not provide a sufficient suite of regulatory provisions to address all
local planning issues.
A replacement planning scheme may require specific local provisions.
Specific local provisions address planning matters that are particular to an individual municipal district
or part of a municipal district and for which common local provisions do not provide a sufficient level of
regulatory control.
There must be identified circumstances or conditions and a clear strategic use purpose to justify
including specific local provisions in a municipal planning scheme.
Unless there are very sound reasons for being different, each interim planning scheme relies on
common local provisions.
Specific local provisions must not circumvent common provisions or common local provisions; or be
used to embellish core outcomes for common provisions in order to suit local preferences or to protect
perceived conventions or expectations.
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4.3 Planning Scheme Maps
A planning scheme must indicate on one or more maps the land to which its purpose and rules apply.
Each planning scheme is required to provide a set of maps to indicate –

How land is zoned.
PD1 allocates a mandatory colour for each zone depicted on a map.
The Interim Planning Scheme maps therefore look different to the of the previous planning
scheme.

Land to which a Code applies;

Land to which a Specific Area Plan applies; and

Land to which a particular provision may apply
Consistency between planning scheme maps is limited to technical and appearance issues associated
with –

Use of the prescribed colours in PD1 on zoning maps to indicate land assigned to each of the
zones used within the planning scheme;

Common scale for maps covering urban, rural and remote areas; and

Common approach to placement and content of title blocks, legends and symbols
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Appendix 1 - Objectives for the Tasmanian Land Use Planning Process
SCHEDULE 1 – Objectives
PART 1 - Objectives of the Resource Management and Planning System of Tasmania
1.
The objectives of the resource management and planning system of Tasmania are –
(a) to promote the sustainable development of natural and physical resources and the maintenance of ecological
processes and genetic diversity; and
(b) to provide for the fair, orderly and sustainable use and development of air, land and water; and
(c) to encourage public involvement in resource management and planning; and
(d) to facilitate economic development in accordance with the objectives set out in paragraphs (a), (b) and (c);
and
(e) to promote the sharing of responsibility for resource management and planning between the different
spheres of Government, the community and industry in the State.
2.
In clause 1(a), sustainable development means managing the use, development and protection of natural and
physical resources in a way, or at a rate, which enables people and communities to provide for their social,
economic and cultural well-being and for their health and safety while –
(a) sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future
generations; and
(b) safeguarding the life-supporting capacity of air, water, soil and ecosystems; and
(c) avoiding, remedying or mitigating any adverse effects of activities on the environment
PART 2 - Objectives of the Planning Process Established by this Act
The objectives of the planning process established by this Act are, in support of the objectives set out in Part 1 of
this Schedule –
(a) to require sound strategic planning and co-ordinated action by State and local government; and
(b) to establish a system of planning instruments to be the principal way of setting objectives, policies and
controls for the use, development and protection of land; and
(c) to ensure that the effects on the environment are considered and provide for explicit consideration of social
and economic effects when decisions are made about the use and development of land; and
(d) to require land use and development planning and policy to be easily integrated with environmental, social,
economic, conservation and resource management policies at State, regional and municipal levels; and
(e) to provide for the consolidation of approvals for land use or development and related matters, and to coordinate planning approvals with related approvals; and
(f)
to secure a pleasant, efficient and safe working, living and recreational environment for all Tasmanians and
visitors to Tasmania; and
(g) to conserve those buildings, areas or other places which are of scientific, aesthetic, architectural or historical
interest, or otherwise of special cultural value; and
(h) to protect public infrastructure and other assets and enable the orderly provision and co-ordination of public
utilities and other facilities for the benefit of the community; and
(i) to provide a planning framework which fully considers land capability
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Appendix 2
Land for Residential Purposes
Applicable State and Regional Strategy and Policy
The strategic intent for residential land is to provide opportunity to create living areas that provide a variety of type and
form of housing appropriate to meet all needs within the community, whether provided by public, private or not-forprofit investment.
It is also intended that residential areas include activities that provide primary support for residential use and meet the
regular and basic requirements of the local population for facilities and services such as education, employment, cultural,
health, retail, recreation, and social activity.
The following land use strategy and policy considerations are relevant for regulating residential areas through the
provisions of Cradle Coast interim planning schemes –
a.
Accessible, affordable and appropriate shelter, security, and privacy in housing are fundamental for individual and
community well-being.
b.
There is no State settlement strategy or land use planning policy for provision of residential land or housing.
c.
The CCR LUS (Part 3 - 4.2) requires regional settlements provide liveable and sustainable communities in separate,
compact, and contained centres.
Particular to residential land, the CCR LUS principles in Part C 4.3, 4.3.1, 4.4 4.7, 4.8, and 4.9 require –
i.
Residential land is not exclusively for housing.
Planning schemes are to provide living areas in which housing as a priority use must be supported by
immediately accessible services and facilities to meet the daily needs of local residents.
The character and amenity of residential areas is determined by a requirement to provide for both housing
and non-housing use.
ii.
Choice, diversity and equity in type, accessibility, and affordability of housing.
Residential areas are not to provide for a single or restricted range of housing types and forms.
Single, multiple, individual and shared or supported accommodation are to be integrated in accordance with
density and land capability considerations; and be subject to an equivalent permit and assessment process.
The character and amenity of residential areas is determined by a requirement to equitably provide for
arrange of dwelling types.
iii.
Residential use is to occur in a mix of urban, rural, and environmental settings to provide variety and choice
in location and lifestyle opportunity.
iv.
Residential land and housing supply is to be provided through a mix of –
a. intensification of established residential areas by infill and redevelopment through increase in housing
density to –
i.
Improve efficiency in use or residential land; and
ii.
Optimise use of existing and planned infrastructure; and
b. planned expansion into new release areas if justified by need
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v.
On-going supply of housing land is to provide a minimum 10 year reserve. Increase in supply is to be
matched to population change and demographic trends and released in accordance with agreed trigger
points tied to current undeveloped land stock;
vi.
Likelihood for future conflict and interference between industrial, commercial, and agricultural activity and
residential development is to be minimised;
vii.
Residential development is to be restricted if there is an unacceptable level of risk from exposure to a natural
hazard or environmental harm;
viii.
Residential use or development is to provide reasonable protection for landscape, scenic, and amenity
values; and
ix.
Housing outcomes are to assist to improve energy efficiency
Regulatory Control
a.
Cradle Coast planning schemes are to assign land for residential use and development through use of dedicated
residential zones.
Current planning schemes created a multiplicity of such zones for a range of dwelling densities and housing forms
and types.
Controls imposed differing standards for residential development and variable restriction on non-housing use.
The situation may be described as unnecessarily complicated, overly regulated, and absent logical justification.
b.
PD1 provides a planning scheme may allocate land for residential purposes.
Residential zones provided by PD1 require identification of housing areas by the ‘setting’ in which residential use is
to occur.
There are 5 settings – inner urban, suburban, constrained, rural, and natural landscape.
The PD1 template provides five (5) purpose specific residential zones –
c.
i.
General Residential for fully serviced suburban locations
ii.
Inner Residential for fully serviced established inner urban locations
iii.
Low Density Residential if infrastructure or environmental constraints limit density of residential
development
iv.
Rural Living for larger sites in a rural setting
v.
Environmental Living for large sites in locations with retained natural or landscape value
There is a mandatory purpose statement for each PD1 zone to establish a common strategic purpose in
opportunity for housing use and development.
Residential purpose statements intend residential zones are to provide –
i.
opportunity for residential use in a variety of geographic location and physical or landscape settings,
including inner urban, suburban, constrained, rural, and natural landscape;
ii.
differentiation between zones in requirements for dwelling density, availability of utility and community
services, standards of amenity, and exposure to risk;
iii.
diversity and choice in type and form of housing to met different lifestyle options and accessibility;
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iv.
non-housing activity of a type that is reasonably required to service and support the local resident population
subject only to being compatible to purpose and amenity of a residential area
Inner
Urban
Inner
General
Residential
Residential
Low Density
Residential
Rural
Living
Environmental
Living
Increasing housing density
Increased intensity and mix of residential support activity
Changing amenity considerations
Suburb or
Small
Settlement
Constraint on
Development
Rural
Setting
Natural
Landscape
setting
Changing amenity factors
PD1 residential zones do not represent a hierarchy for residential land based on lot size.
The mandatory zone purposes statement allow each zones to each function independently to provide options for
meeting housing and related needs in locations where physical setting, infrastructure provisions, and amenity
factors interact to determine the character and intensity of development.
Provision of different locations or settings for residential use is consistent with the CCR LUS objectives for diversity
and choice in provision for housing.
A prescribed requirement for larger lots in constrained and rural or environmental settings is as much an
instruction to ensure the setting, infrastructure, and amenity factors are respected as it is an objective to deliver a
continuum of residential opportunity based on a size requirement to qualify as a dwelling site.
PD1 does not instruct that there is to be a substantial difference in the lot size and other numerical standards
applying between zones. Standards must only be appropriate for delivering and maintaining the advantages and
features of each location.
The Cradle Coast interim planning schemes employ a site area per dwelling standard to service the purpose in
each zone. These standards are the threshold below which use or development must not occur in each zone
without likelihood for compromise to zone purpose and setting.
Similarity of standards between zones does not detract from ability for a scheme to reflect purpose of the zone or
a failure to deliver on the desired settlement pattern.
d.
Planning Directive No 4 establishes a baseline for normative housing standards.
Development outcomes are to be delivered by regulating frontage k, side and rear boundary setback, building
height, site coverage, separation between buildings for privacy and access to sunlight, and on the impact of
fencing and garages on frontage appearance.
Such requirements are directed at the location and three dimensional configurations of single dwelling buildings
and external activity areas on suburban residential sites. Standards are intended to provide generic outcomes for
the relationship between adjoining development in terms of reasonable access to sunlight, protection of privacy,
and visual amenity.
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The criteria are appropriate for adaptation to manage all forms of development on land assigned for a residential
purpose.
f.
CCR LUS requires residential density controls are to apply for urban areas in support of improved utilisation of land
and utility provision.
Suburban density of between 12 and 30 dwellings per hectare are required to ensure land is not under or overdeveloped against the strategic dwelling density outcome.
Regulatory requirements will express density as a minimum and maximum site area per dwelling.
The concept is familiar in the multiple dwelling provisions of most current planning schemes, but has not to date
been used with respect to single dwellings.
These criteria may impact on the size of lots available for single dwelling use in suburban residential zones .
g.
The Cradle Coast interim planning schemes establish for each residential zone i.
The range of permitted use is to include any activity that is necessary and reasonable to assist the
function of a residential area
The Cradle Coast interim planning schemes contemplates activity that could normally be expected as
required to support the requirements of a population living or visiting a suburban, rural, or environmental
residential area.
The range, type, and scale of both housing and non-housing uses decline as density and purpose of the
residential zone transitions from urban locations into lower density and more remote settings.
ii.
All forms of single and multiple residential uses are permitted in each zone, regardless of whether
publicly or privately owned or occupied.
The approach satisfies objectives for diversity and choice in location, accessibility, and style.
There is no instruction within PD1 that a residential zone is to restrict certain forms of housing or to
provide localities in which a particular form of housing is to prevail.
Indeed, PD1 intends equality of opportunity for dwelling types.
iii.
Non-housing use is permitted for any activity that may be routinely required for access to services
normally associated with the regular activity of a living area, including for basic education, medical and
retail services, and small scale community and recreation facilities.
The approach confirms purpose of a residential area as a place that provides for the most immediate
requirements of its resident population in addition to being a place for housing.
The outcome is consistent with the established practice under most current schemes; and is required by
the CCRLUS and PD1 mandatory residential zone purpose statements.
The approach requires that small area sites separately zoned for community purpose, open space,
recreation, and local retail activities directed at the local community can be absorbed within the General
Residential zone.
iv.
Home occupation and home-based business are permitted in association with residential use, although
participation is not confined to people living on the land
v.
Use Tables and standards may indicate an upper threshold for type and scale of non-housing use.
Limits are intended to maintain non-residential use at a type and scale for which impact through
operation and performance is generally indistinguishable from residential use.
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Non-housing uses will not be permitted to cluster on adjoining sites; occur on sites serviced by a no
through road; or to operate extended hours without opportunity for community consideration and
comment.
vi.
The principle mechanism for control on use and development will be through dwelling density and
location and configuration standards for placement, scale, mass and impact of buildings and external
activity areas for both housing and non-housing activity
Translation from the current planning scheme into an interim planning scheme requires that the location and extent of
land assigned for residential purposes must remain generally unchanged from the boundaries for designated residential
zones under the current planning scheme.
Residential Zones
Clause 10 - General Residential Zone
The General Residential zone is appropriate to urban centres if land is currently allocated for suburban residential use.
The General Residential zone is intended to accommodate the majority of housing and associated activity in a suburban
setting or small scale urban centre.
Zone purpose statements intend a functional, pleasant and relatively spacious living area protected from natural
hazards and environmental harm, and from unreasonable intrusion of incompatible land uses, and with full access and
provision for community, transport and utility infrastructure.
More particularly, the General Residential zone is to a. provide equitable opportunity for diversity and choice in housing;
b. achieve suburban densities within the range of 12 – 30 dwellings per hectare;
c. provide fully serviced land with access to –
 a reticulated water supply;
 a reticulated electrical energy supply;
 a reticulated sewage drainage and disposal system;
 a stormwater drainage systems;
 telecommunication and digital data systems;
 a public road network;
 public open space, recreation and community facilities; and
 education, medical, retail, and emergency services;
All forms of housing, regardless of whether single or multiple dwellings or for independent or supported
accommodation are to be permitted.
The mandatory purpose statement in PD1 for the General residential zone does distinguish between the types of
residential use and neither should replacement planning schemes.
PD1 clearly assigns strategic intent for the zone to provide for a range of dwelling types. It does not say primarily for
single dwellings or include any reference to a dwelling type preference.
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The Cradle Coast interim planning schemes prescribe a common permit pathway in which no permit is required for all
forms of residential use.
The primary purpose of any residential zone is to provide equitable opportunity for housing. It is counterproductive to
objectives for diversity and equality if some types of residential use are subject to a higher standard of permit
requirement and level of assessment.
The CCR LUS intends all forms of residential use be treated with equality; including multiple and particular purpose
residential use such as boarding houses, hostels and residential care facilities require a permit.
There is on occasion a perception that multiple dwelling and supported accommodation has a greater potential impact
than development for single dwelling use. The reality, however, is that the prospect for different impact arises from
‘development’ required to accommodate the use, and not from the ‘use ‘itself.
Cradle Coast interim planning schemes do not accept that multiple dwelling developments has impact likely to exceed
what is reasonably anticipated in a residential use area for single dwellings, and that an elevated level of assessment is
therefore necessary to ensure such impacts are considered and addressed.
Residential zone provisions impose dwelling density and development standards to establish a normative position for
likely impact; and the scheme requires compliance with standards for traffic management and utility provision. Taken
together, such provisions have capacity to manage all forms of residential use via acceptable solutions. Any variation
from the acceptable solution invites consideration against corresponding performance criteria. Only the PC aspect of
the use or development is to be assessed through a discretionary permit process.
The type and form of housing provision is a development and not a use outcome. Consistent to description of the use
class “residential” all forms of residential development are to be permitted without qualification.
The proposition for a common permit pathway holds true for each of the other residential zones provided by PD1.
The General Residential zone, in common with the other available PD1 residential zones, is not intended to create areas
that are exclusive to housing. The zone appropriately contemplates suburban living areas in which a diversity of
housing opportunity is to be integrated with non-housing activity of a type appropriate to service and support the
resident community.
Facilities and services may be provided to primarily service and support the local community for 
Convenience retail and refreshment services;

Basic medical services;

Community, spiritual, sports and recreation facilities;

Emergency services;

Small scale visitor accommodation if located within a building;

Tourist operations if related to a scientific, aesthetic, architectural, historic or cultural value;

Minor utilities;

Home occupation and home-based business
Likely impact of non-housing use is to be managed to –

minimise aggregation onto adjoining sites;

restrict accessed from a no-through road; and

restrict hours for operation
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The intention of development standards is that buildings for housing and non-housing purposes are typically one or two
storey, set back but visible from the frontage road and set apart from adjoining buildings and external activity areas and
retain adequate open area to accommodate private recreation, service and vehicle parking requirements.
2
Standards create a minimum site area per dwelling of 330m (equivalent to a maximum of 30 dwellings per ha); and a
2
maximum site area per dwelling of 830m (equivalent to a minimum of 12 dwellings per ha) unless the site is a lot on a
plan of subdivision registered before the planning scheme took effect.
PD4 has established a baseline position for the matters to be both included in and to be excluded from development
standards applying for single dwelling development. PD4 provides that the applicable standards are –
a.
site coverage;
b.
building envelope in terms of height and location relative to side and rear boundaries;
c.
setback from a frontage;
d.
frontage setback and width of garages and carports;
e.
visual privacy; and
f.
frontage fencing
The Cradle Coast interim planning schemes consider the PD4 standards provide a reasonable benchmark for all other
development within the General Residential zone without need for substantial change in desired outcome. The cradle
coast interim planning schemes therefore include standards for multiple dwelling and non-housing development that
provide a similar outcome to the PD4 standards.
The Cradle Coast interim planning schemes include additional standards for multiple dwellings and non-residential use
for –
a.
provision for private open space and storage for the personal needs of residents that is of sufficient size, easily
accessible and has access to sunlight;
b.
protection for solar access to habitable rooms and private open space areas;
c.
protection of privacy from overlooking or acoustic intrusion from other use or development on the site or on
adjacent land;
d.
through Code E11, car parking to provide adequate opportunity and capacity for vehicles to access and park on
the site;
e.
orientation of a building area on new residential lots to maximise opportunity for solar exposure
Clause 11 - Inner Residential Zone
Inner urban or historically settled land if located close to centralised services and facilities. Established layout for roads
and lots and the pattern and form of development lacks the order and structure typical of suburban locations.
Provide for a variety of residential use and dwelling types
The PD1 purpose statement implies the zone is intended for an area of transition or distinction located between the
town centre and other urban use land.
Candidate areas are characterised by layered development over successive periods of urban settlement, higher dwelling
density, greater presence of non-housing activity unrelated to need of the local community, and an amenity
determined by proximity of the town centre and a somewhat disordered layout and form in established development.
The zone is applicable if strategic intent requires an obvious difference is to be maintained between inner and suburban
residential locations.
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There are no suitable candidate areas within Cradle Coast settlements.
The zone is not used in Cradle Coast replacement planning schemes.
Clause 12 - Low Density Residential Zone
The Low Density Residential zone is to apply for land intended for housing if the setting is constrained by a planning
consideration that limits capacity for residential use.
Local Area Objectives are not to indicate the planning outcome is a particular style or amenity of housing opportunity.
However, it may be appropriate for desired future character statements to describe a planning result that includes
provision of low density housing on larger sites with consequent attraction for a particular housing choice.
Long-term capacity for housing and related use and development at suburban or higher densities is permanently
constrained by factors such as –
i.
provision of full infrastructure services;
ii.
capacity of existing or planned infrastructure services;
iii.
need to protect or natural or cultural values; and/or
iv.
exposure to risk from a natural hazard or environmental harm
Low density Residential use may require lots larger than otherwise available within the General Residential zone.
However, the zone does not have specific purpose to provide for lifestyle lots of larger area than otherwise permitted in
suburban or inner urban settings. Provision of the Rural Living and Environmental Living zones to provide for residential
use in rural or natural settings instructs the Low Density Residential zone is confined to application in an urban or
settlement centre context.
More particularly, the Low Density Residential zone is to i.
provide equitable opportunity for diversity and choice in housing;
ii.
achieve suburban densities within the range of 12 – 30 dwellings per hectare;
iii.
restrict the density of use or development to below suburban density having regard for access or adequacy on
each site to –

a reticulated water supply;

a reticulated electrical energy supply;

a reticulated sewage drainage and disposal system;

a stormwater drainage systems;

telecommunication and digital data systems;

a public road network;

public open space, recreation and community facilities;

exposure to risk from a natural hazard;

scenic and landscape features;
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
natural and cultural values

education, medical, retail, and emergency services;
Permitted use is to include –

All forms of housing, regardless of whether single or multiple dwellings or for independent or supported
accommodation;

Basic medical, retail and refreshment services, and local community, sports and recreation facilities;

Emergency services;

Small scale visitor accommodation if located within a building; and tourist operations if related to a scientific,
aesthetic, architectural, historic or cultural value;

Minor utilities;

Home occupation and home-based business
Likely impact of non-housing use managed to –

minimise aggregation onto adjoining sites

restrict accessed from a no-through road;

restriction on hours for operation
Development standards intend that buildings for housing and non-housing purposes are typically one or two storey, set
back but visible from the frontage road and set apart from adjoining buildings.
Site area must be sufficient to accommodate on-site disposal of sewage and stormwater clear of building areas and
retain space for open space, recreation and vehicle access and parking if reticulated utilities are not available.
Housing in a rural or bushland setting
One of the more contentious issues for land use planning in the Cradle Coast Region is whether or not to allow housing
on rural resource land.
The Cradle Coast Regional Land Use Strategy recognises rural living as a legitimate housing option and requires that a
planning scheme assign land for housing in rural locations.
Current housing development in many rural settings has traditionally occurred haphazardly.
Opportunity for new housing on rural land has become severely restricted through introduction of State policy and local
regulation to protect opportunity for rural land to be used sustainably for agriculture and other primary industry.
PD1 provides the Rural Resource zone and the Significant Agriculture zone for land with strategic capacity for primary
industry purposes, including agriculture, forestry and mining. PD1 clearly establishes it is not the intention of land
assigned to either zone to provide for housing.
PD1 provides the Rural Living zone for housing in a rural setting, and the Environmental Living zone for housing in a
natural or landscape setting.
PD1 also provides the Village zone for small settlements in a rural setting.
The priority purpose for land in each of these zones is housing.
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PD1 clearly intends a replacement planning scheme must assign land for either rural resource or housing purposes. It
does not enable a planning scheme to create or retain a multiple purpose zone in which primary industry and housing
has equivalent strategic priority or status as permitted use.
The approach in PD1 is consistent with and furthers the outcomes required by the State Policy for Protection of
Agricultural Land, and is supported by the objectives and policies in the CCR LUS.
The CCR LUS proposes that replacement planning schemes can best resolve the conflict between the mandatory
purpose of rural land for primary industry use and the desire for housing in a rural setting by i.
providing opportunity for integration and co-location of residential use if required in association with a primary
industry use; and
ii.
assigning land to the Rural Living or Environmental Living zones in locations where the ability to access and use
land for primary industry purposes will not be compromised and there is minimum need to assess housing
development for possible impact on primary industry activity
Candidate locations for rural living will have least impact on protection of primary industry land if a.
there is no capacity for resource use as determined under a scientific land capability assessment
method, including under the Tasmanian Land Capability Classification System; or
b.
an established pattern of lawful residential use has resulted in a conversion of rural resource land to
such a level that a meaningful ability to access, protect or redeem land for primary productive use has
been permanently lost; or
c.
the size, configuration and location of rural land or a resource attribute, including the degree of
isolation from other rural resource land or the immediate proximity of the land to land in a nonresource use, renders the land impractical for resource use in its own right or for inclusion as part of an
adjoining contiguous resource unit, including land significant for agriculture.
However, this principle does not apply for individual small-sized existing lots if embedded in a
contiguous area of primary industry use; and
d.
residential use is unlikely to interfere with or constrain the availability of land for and the conduction of
primary industry activity or any other activity that is required to locate on rural land; and
e.
rural or environmental living areas provide healthy and safe housing sites in reasonable proximity to
settlement centres
The Cradle Coast interim planning schemes do not intend that land assigned to the Rural Resource zone for primary
industry and other uses reliant on a rural location is to have strategic purpose for housing. However, the interim
planning schemes avoid a prohibition on residential use and create opportunity for consideration of residential use on
rural resource land subject to the considerations noted above.
The primary regulatory arrangement for creating opportunity for residential use in a rural or environmental setting is to
assign land to the Rural Living or the Environmental Living zone.
The Rural Living zone and the Environmental Living zone each have strategic purpose to establish the legitimate
arrangements for residential use as a priority purpose. The zones each provide certainty that land can be used for
housing.
Rural and environmental living areas feature as a contiguous cluster of dwellings and associated outbuildings on large
individual lots at a very low housing density in locations attractive for living due to topography, aspect, outlook and
proximity to urban centres. Lot sizes may range from a few thousand square metres to several hectares depending on
site and locality characteristics and conditions.
Lots are typically self-sufficient with respect to domestic water supply and disposal of sewage and other waste water.
There is a general absence of integrated community and retail services. Reliable road access to an established urban
centre is essential to meet daily requirements for employment, education, health care, retail, and structured social and
recreation activity.
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Rural living areas have no priority purpose for agriculture or other forms of primary production. While there is no
restriction on hobby farming or self-sufficiency in food production, agricultural use is an adjunct to the primary purpose
of the land as a place to live.
An interim planning scheme may only assign land to the Rural Living Zone or in the Environmental Living zone if –
a. The current planning scheme identifies land assigned to a zone with a directly corresponding purpose to permit
housing development in a rural or natural setting;
b. The current planning scheme protects a lawful previous decision to approve one or more sealed plans to create
an ordered and bounded cluster of contiguous small lots specifically intended as a low density housing estate
in a rural or environmental setting, whether or not such land is zoned for rural or environmental living; or
c. A municipal settlement strategy that is consistent with the CCR LUS has identified need for additional areas for
rural living development to match anticipated demand;
However, the constrain on change in the strategic purpose for which land is assigned under a current planning
scheme does not allow that an interim planning scheme can introduce additional areas assigned to the Rural
Living or Environmental Living zone to convert the purpose of rural resource land where incremental and
uncoordinated subdivision and development has created a cluster of small lots for residential use.
If the current purpose of the land is for resource development, the land must translate to the Rural Resource
zone.
To ensure a balance between provision for rural living and satisfaction of rural resource land objectives a planning
scheme is to ensure areas designated for rural living –
a. do not unnecessarily consume or unreasonably constrain use or development of land in the vicinity which is
important for sustainable primary production dependent on access to a naturally occurring resource, including
for agriculture, forestry, mining, quarrying, water catchment and utility purposes;
b. do not have adverse effect on the function, health and security of locations important for natural and cultural
values, including but not limited to any land on which there is a threatened species, significant coverage of
protected forest or non-forest vegetation, Aboriginal or historic cultural heritage, or aquatic or coastal habitat
processes;
c. do not have adverse effect on the capacity, function, safety or security of any utility corridor or site, including
but not limited to a State road, railway, electricity or gas transmission corridor, urban water catchment area, or
waste water treatment or disposal facility;
d. are consistent with the objectives for rural living contained in an approved municipal settlement strategy;
e. match land supply to demonstrated strategic need;
f. do not allow the merging of two or more discrete rural residential locations or support the creation or
extension of ribbon development;
g. do not include land designated in the municipal settlement strategy for expansion of an urban area;
h. are capable of supporting an aggregation of low density residential use without adverse effect on the health,
safety and amenity of people, property and the environment having regard to –
i.
the adequacy of arrangements for domestic water supply and for disposal of sewage and waste;
ii.
the level of exposure to hazards associated with bush fire, coastal erosion, coastal inundation,
landslip, river flooding, or contaminated land;
iii.
proximity to any agricultural, industrial or resource extraction site or to a utility corridor or site;
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i. have available or planned access to adequate capacity and reliability in utilities and arrangements to meet
residential requirements in energy and digital communication;
j. are in locations close to established urban centres where there is an adequate capacity and reliability in
available or planned road, pedestrian, cycling or public transport links for a direct connection and minimal
travel distance to daily destinations for employment, education, health care, retail and social and recreational
activity; and
k. no do create unreasonable demand for provision or upgrade of utilities and services to meet requirements of
the proposed residential population or to off-set interaction with non-residential activities
Existing lawful residential use may continue in both isolated and cluster locations where there is no Rural Living or
Environmental Living zone. However, new residential development on vacant lots is not assured and will be subject to
assessment in accordance with the standards applying for non-resource use on rural resource land.
Clause 13 - Rural Living Zone
Provide land for residential use on larger lots as a housing estate embedded within a rural setting.
The zone is intended as the principle means by which to assign land for residential purposes in a rural setting and
provide for housing on land outside urban settlements.
Strategic application of the zone is to provide a sufficient supply of rural living land to minimise need to consider
primary industry land for housing purposes.
The Rural Living Zone is to i.
establish priority for residential use in a rural setting absent a requirement for association with a primary
industry use or assessment for likely impact on availability and use of natural resource land;
ii.
assist equitably opportunity for diversity and choice in housing type, including for single and multiple dwellings
in a rural setting;
iii.
permit residential use in the absence of full provision for utilities and community facilities; and
iv.
permit non-housing uses if compatible with residential amenity
All forms of housing, regardless of whether single or multiple dwellings, or for independent or supported
accommodation are permitted.
Any proposition that rural living and environmental living areas should be restricted to a single dwelling in order to
maintain lifestyle character and appearance is inconsistent with CCR LUS policies for residential use; and is not
supported by the purpose statement for each zone provided in PD1.
Dwelling density limit the total number of dwellings regardless of type or form, and other standards require each site is
suitable for residential use in the manner intended. There is no planning purpose served in restricting the type and
form of residential use in rural or environmental settings.
Use may also be permitted for

Basic retail and refreshment services and local community, sports and recreation facilities;

Emergency services;

Small scale visitor accommodation if located within a building; and tourist operations if related to a scientific,
aesthetic, architectural, historic or cultural value;

Agricultural use dependent on the soil as a growth medium if in association with residential use;

Minor utilities; and
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
Home occupation and home-based business
Residential density must not be more than one dwelling per 1.0ha if satisfactory arrangements are available for disposal
of sewage and stormwater. Variation on dwelling density is specific in some schemes for particular locations.
There must be an acceptable level of risk from exposure to a natural hazard, including from bushfire.
Likely impact of non-housing use is managed by –
i.
restricting aggregation onto adjoining sites
ii.
restricting accessed from a no-through local road;
iii.
restricting hours for operation
Development standards intend buildings are typically one or two storey, set back and screened from the frontage road
and well apart from adjoining buildings to retain rural setting.
Sites provide sufficient area to accommodate on-site effluent and stormwater disposal clear of building areas and in
addition to adequate space for recreation, service, and vehicle parking.
Clause 14 - Environmental Living Zone
Allocate land for residential use in areas if natural and landscape values are to be retained.
The zone assists the Rural Living zone in the strategic purpose to assign land outside urban settlement centres for
housing purposes.
The zone is to accommodate housing options for “bush blocks” and shoreline sites adjacent a beach, lake or river.
More particularly, the Environmental Living Zone is to i.
establish priority for residential use;
ii.
provide equitably opportunity for diversity and choice in housing type, including for single and multiple
dwellings;
iii.
permit residential use in the absence of full provision for utilities and community facilities;
iv.
embed buildings within the natural landscape by minimising clearing of vegetation and modification of natural
ground surfaces
2
Residential density must not be more than one dwelling per 1.0ha if satisfactory arrangements for disposal of sewage
and stormwater. Variation on dwelling density is specific in some schemes for particular locations.
The must be an acceptable level of risk from exposure to a natural hazard
Likely impact of non-residential use managed by –
i.
restricting aggregation onto adjoining sites
ii.
restricting accessed from a low traffic volume local road;
iii.
hours for operation
Buildings are typically one or two storey, set back and screened from the frontage road and well apart from adjoining
buildings to retain natural or landscape setting.
There must be adequate site area for disposal of effluent and stormwater clear of the building area and in addition to
areas for private recreation, service and vehicle parking.
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Buildings and external activity areas must be located without comprise to natural and landscape values by land clearing
or change in ground level for retaining natural vegetation and landform features.
Buildings are to be sited and screened to minimise exposure to view from a major road and land external to the zone
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Appendix 3
Land for Mixed Use Purposes
Applicable State and Regional Strategy and Policy
Purpose of a mixed use area is to encourage integration of a wide range of residential, commercial, and community use
and development within a single land area in either an urban or rural setting.
The land use objective is to create places where there is benefit for efficient use of land and infrastructure and a capacity
for interesting and liveable activity centres.
Allocation for mixed use removes the formal internal settlement structure otherwise managed by division of a municipal
district or settlement into separate zones. The intended outcome is to create a more dynamic, flexible and potentially
vibrant opportunity for growth and change. However, it may also create less certainty and consistency against
conventional expectations for protection of amenity and other urban values.
Mixed use zones should only be contemplated if there is a clear and agreed intention to mix land use without restriction
on the relative proportion or distribution within a common area.
The principle of mixed use is appropriate in small and spatially confined rural settlements if likelihood for growth and
change is low and the level and nature of mix is reasonably predictable.
There are many small rural settlement areas within the Region of a scale and internal structure that largely defeats
practical application of a system of single purpose zones. These centres qualify as candidate sites for allocation of mixed
use zones
Mixed use may also be appropriate in urban locations if there is a stated intention to retain a past pattern of
development that has created a reasonable balance in mix of business, community and residential use types with no clear
or necessary internal structure.
The zone is useful for providing identity and revitalising urban areas containing an established and relatively unstructured
mix of land use type. There must be no likelihood or benefit for a priority purpose to support allocation of an alternate
zoning.
The zone may be applicable if there is a strategic imperative to create a planned activity centre around a major
community or transport hub if there is potential for considerable advantage for transport efficiency or social economics
by amalgamating what may otherwise be a number of separate urban functions into a single locality.
Conversion of a current single purpose zone to mixed use should only occur if there is a solid strategic justification and a
reasonable level of expectation that there will be an equitable balance between different uses, and a certainty such uses
can occur and exist without aggravation.
Mixed use outcomes should not be contemplated simply because an area allocated for one land use purpose contains a
significant number of non-conforming uses for which retention in desirable to service the local community.
In such circumstances it is appropriate to retain a single priority purpose, and accept inconsistent use as a lawful
intrusion.
Introduction of mixed use provisions represents a significant shift in strategy; and effectively abandons primacy for any
single use. Rather than protect the existing situation, a mixed use zone may precipitate translation to a form of urban
place that is markedly different.
Planning Directive No 1 provides mixed use as a valid land use option, but includes no compulsion, caveat, or instruction
for how the zone is to be applied.
The State has no articulated policy on application of mixed use zones.
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The CCRLUS promotes a greater integration of core and allied use within a single purpose zone. The approach does not
contemplate conversion of current settlements into mixed use areas. Instead, the intent is to broaden the scope of use
classes conforming to zone purpose.
The CCR LUS does not advocate abandoning a traditional model of internal division within larger settlement areas into
separate purpose zones unless there is sound reason to do so and a general understanding and agreement by the
community for implications on established land use activity.
Current planning schemes
Most current schemes include mixed use opportunity in a rural setting through use of a a Village zone or equivalent - the
purpose of which is to permit a range of use for residential, business and community purposes.
There are no genuine urban mixed use areas within current urban settlements of the Cradle Coast Region
Most current schemes do not have an urban mixed use zone equivalent. Some schemes provide a minimum of zone types
in which urban zones t approximate a mixed use zone. However, the latter contain a number of separate core priorities,
and intend a level of internal structure within settlements under which like uses are aggregated and separation exists
between component parts.
The underpinning strategy for current zones must be examined against the PD1 zone purpose statements to determine
whether there is a clear priority for mixed use.
Zones
PD1 provides two mixed use zones
Clause 15 – Urban Mixed Use
Purpose is to provide for integrated residential, retail, commercial and community service activities in an urban location.
Cradle Coast interim planning schemes do not use the Urban Mixed Use zone
Clause 16 - Village
Purpose is to provide for a mix of residential, community services and commercial activities in a small rural centre.
Most Cradle Coast interim planning schemes assign small rural settlements to the Village zone.
Permitted Use
The two mixed purpose zones share a very particular purpose to accommodate an integrated blend of use and meet a
range of community needs for housing, business and community facilities and services without internal or spatial
distinction on site location or nature of activity.
Permitted activities invite a type or scale of uses that may normally be considered incompatible. Permitted use may
include business and professional services; retail and refreshment; community services and facilities; education;
manufacturing, process and service industry; transport and storage; sports and recreation; tourist attractions; and visitor
accommodation.
The Cradle Coast interim planning scheme Village zone Use Table defines a threshold for each permitted use class to
establish whether a permit must grant or whether grant of a permit is discretionary
Standards
Development in the Village zone is proposed to provide outcomes generally consistent with low density residential
development in terms of building density, building form, and site coverage.
Internal expectations for amenity must recognise function of the zone is to permit a mix of use classes without
discrimination or preference. Accordingly, no single use class is to be considered the benchmark standard for measurable
qualities of amenity.
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Appendix 4
Land for Community Welfare and Well-being
Applicable State and Regional Strategy and Policy
Communities require land for facilities and services to meet individual and collective need for care, development, and
physical and spiritual well-being.
Facilities and services for community and individual health, welfare, and well-being include –
i.
education
ii.
health care
iii.
community support;
iv.
social, spiritual and cultural development;
v.
organised physical activity, including sporting competition;
vi.
structured community events;
vii.
space for passive recreation, unstructured physical activity, and relaxation;
viii.
aesthetic, landscape and environmental management;
ix.
separation of incompatible uses
The CCR LUS promotes land use outcomes which seamlessly integrate and locate community and social infrastructure
into the fabric and layout of all urban and rural activity areas in accordance with principle for liveable and sustainable
places.
The CCR LUS requires Cradle Coast planning schemes –
i.
Create opportunity for education facilities and services in locations which best match community need for
primary, secondary, tertiary and trade learning, including within areas allocated for residential, business,
industrial and resource use or protection;
ii.
Locate health care facilities to provide a network of appropriately located and sized primary intervention and
clinical support services and localised care facilities across the Region;
iii.
Facilitate collocation of education, health and community support, retail, social and recreation activities to
provide a focal point with improved service delivery and access and to achieve best use of resources and
investment;
iv.
Provide flexibility and choice in housing types and integrate opportunity for public and support housing within
residential areas in locations where there is good transport access and proximity to community facilities and
services;
v.
Accommodate community services and facilities dependent on a regional or sub-regional population on
identified sites with a high degree of access and a synergy to existing facilities of a like kind and in accordance
with the regional activity centre network;
vi.
Provide opportunity for physical activity and social interaction within all urban and rural environments as an
integrated component of primary use areas for residential, business and community activity;
vii.
Embed small scale community facilities that service and support needs of the local community within residential
and business zones to create flexibility and capacity for immediate response to population and political change;
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viii.
Consider available or planned provision for community facilities and services in strategic decisions to create
opportunity for growth and development and ensure there is adequate access and capacity for education,
health, community, recreation and open space arrangements to support any proposed expansion or
intensification of use or development;
ix.
Make adequate allocation for open space and recreation capacity in accordance with the process detailed in
Appendix 3 of the Tasmanian Open Space and Planning Framework 2010
Application of CCR LUS policies reduces need for Cradle Coast interim planning schemes to allocate discrete land areas for
community purpose activities such as education, health, community and recreation uses if of a small scale and intended
to service the local community.
However, there are some community facilities and services that by virtue of their character, scale or strategic purpose are
unsuited to integration and require separate identity as part of a broader urban area.
Current regulation
Current Cradle Coast planning schemes make various zone and regulatory provision for community purpose, recreation
and open space use.
There is a clear practice for current schemes to separately zone individual community, recreation and open space sites
regardless of size or scale of purpose, including in locations where such sites provide a facility or service directly related
to and servicing the local community.
PD1 and the CCR LUS require adjustment in the use of separately zoned sites for small scale and locally orientated
community facilities.
Schemes are not consistent in zone description, permitted use, or development controls.
Zones
Cradle Coast interim planning schemes assign land to one of three (3) PD1 zones if community orientated purposes are of
a scale or purpose to require separate identification among the provisions of a planning scheme –
Clause 17 - Community Purpose
The zone applies only if such community facilities or services are not appropriate for inclusion as part of activity
normally associated with the purpose of an alternate zone.
Sites for key community facilities and services assigned to the Community Purpose zone may include senior and tertiary
education; vocational training; health and hospital care; aged, children, family, youth, and special need groups; cultural,
social, and spiritual purposes; disposal of human and animal remains; custodial care; or emergency response to protect
the health, safety, and security of people and property.
The Community Purpose zone is only used in Cradle Coast interim planning schemes if the type, scale or intensity of the
use is intended to meet a municipal or regional need and exceeds the threshold for what may reasonably be considered
comparable to purpose of an alternate zone.
Thus sites for facilities that reasonably support a local residential population such as junior schools and local health
clinics are not to be included in the Community Purpose zone.
Clause 18 - Recreation
Purpose of the zone is to provide for organised events and structured activities, including sport, which require large
spaces for execution and which may attract large numbers of participants and spectators from beyond the local
community.
The zone must not be applied to undermine the CCR LUS objective to integrate recreation uses that provide function of
a type, scale or intensity that is essential or normal to reasonably support a local residential population.
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Such uses must be permitted as a use conforming to the primary purpose of a zone. The Recreation zone is only used in
Cradle Coast interim planning schemes if the type, scale or intensity of the use is intended to meet a municipal or
regional need and exceed the threshold for what may reasonably be considered comparable to purpose of an alternate
zone.
Thus sites for facilities such as children’s playgrounds, community parks, and single playing fields are not to be included
in the Recreation zone.
Clause 19 - Open Space
Purpose of the zone is to provide land for unstructured physical activity or for aesthetic, buffer, environmental or
spiritual purposes of a type, scale or intensity intended to meet a municipal, regional or subregional need.
The zone does not apply in Cradle Coast interim planning schemes for small scale sites with a primary local focus,
including a community park within a housing estate. Such land would be included in an appropriate residential zone.
Thus sites for facilities such as community parks, pedestrian or cycle networks, and drainage corridors are not to be
included in the Open Space zone.
Cradle Coat interim planning schemes only assign land to the Community Purpose, Recreation or Open Space zone if the
type and scale of an activity –
i.
does not conform to purpose of an alternate zone provided by the planning scheme;
ii.
provides strategic benefit to a community larger than the local resident population;
iii.
relies on a discrete or limited number of sites for operational efficiency;
iv.
has likelihood to constraint, conflict, or interfere with the use of adjacent land; or
v.
requires isolation from other use for safety or security
The approach is consistent with the requirement in LUPAA to translate from the purpose of the zone under the current
planning scheme into the most corresponding PD1 zone. The residential zones available under PD1 each intend that nonhousing activity required to support and service the local community be an integral part of the purpose for which land
may be used. Accordingly, it is valid to dissect the application of community purpose, recreation and open space zones as
used in current planning schemes and reassign land to an alternate zone if land is of a size or purpose that is more
consistent with meeting needs of the local rather than a municipal or regional population.
Permitted Use
Each of the Community Purpose, Recreation, and Open Space zones are intended to serve a very particular purpose.
Accordingly, the range of permitted uses must be restricted to the use classes that best assist purpose of the zone.
As with other zones, the Use Standards provide a threshold between the type and scale of use within a use class for
which a permit must grant and for which a permit is discretionary.
Standards
The nature of development on community purpose, recreation, and open spaces sites will be different to that on
adjacent land.
While it is necessary to establish some expectations for a reasonable relationship between zone use and use on adjacent
land community purpose, recreation and open space use is not required to be comparable with development on adjacent
land.
Occupational and operational practices, including factors such as attendance by large numbers of people, high traffic
volume, duration and frequency of activity, expansive vehicle parking, a large workforce or client base, extended or
intermittent hours of operation, and a readily apparent presence within an urban or rural setting may impact on adjacent
land use and cannot reasonably be avoided. Cradle Coast interim planning schemes therefore do not impose a
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requirement on community purpose, recreation or open space use to be compatible with the use of adjacent land in
another zone.
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Appendix 5
Land for Business Purposes
Applicable State and Regional Strategy and Policy
Business and commerce is the systematic production and distribution of goods and services within an organised physical
and economic framework in response to market demand.
Land use planning can support business and commerce through arrangements which provide a rational and defensible
regional framework for the nature, type, scale and spatial allocation of land for business and commercial goods and
services use as appropriate to frequency of consumer demand and strategic settlement patterns.
The CCR LUS promotes a functional order of centres catering to local, district and regional markets through a regional
business structure involving i.
basic food and convenience goods be readily available in each settlement area;
ii.
small-scale local convenience retail capacity is an integrated component of suburban locations;
iii.
provision for aggregation of business activity, including for retail, professional, personal service, community,
administration, civic and entertainment in each centre of a type and scale appropriate to designated function of
the settlement under the Cradle Coast centres model;
iv.
use and development for business purposes concentrated into existing retail and business localities to maintain
identity and sustain viability, performance, and attraction and avoid new localities for retail and business
activity;
v.
future growth accommodated through rationalisation or expansion of existing centres rather than by creation of
new or isolated satellite sites; and
vi.
restraint on retail, including bulky goods and large format sales if the strategic purpose does not include function
as a business locality, including on industrial land;
There is no State strategy or policy for settlement or activity centres to establish role and function of individual
27
settlements within the Region in planning for business purposes .
Planning Directive No 1 implies elements of State business and retail policy within the mandatory purpose statements for
each of the four business zones provided. It is apparent the State anticipates business activity be categorised according
to function in a broader regional context, and that activity within each centre be aggregated into one or more common
locations to provide a hierarchical range of retail, professional, community administration, and civic services.
Current planning schemes
All current planning schemes make provision for retail, business, civic and community activity within areas allocated for
business purposes.
Some schemes provide internal municipal division for scale and function of individual business centres by assigning land
to zones with a different business purpose.
Such divisions generally exist independent of a Regional business centre structure. Accordingly, there is inconsistency
between municipal districts in terms of the apparent and relative function of each business centre.
Cradle Coast interim planning schemes must align provisions for business activity to the regional business model.
27
The State is currently preparing an Activity Centres Classification System for Tasmania
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Schemes must employ the zone that is most appropriate in a regional context. In this sense PD1 zones have been
interpreted and applied in terms of how they fit to the regional activity centre model and not to how they most directly
translate from the current planning scheme.
The range of permitted use is generally consistent between the business zones in current planning schemes.
However, standards for use and development are varied around consideration for character, architectural and physical
appearance, and convenience.
Zones
PD1 provides four business zones.
Clause 20 - Local Business
Purpose is to provide for business, professional and retail services to meet convenience needs of a local community or
small area.
The zone applies for a locally orientated urban based activity centre offering a mix of convenience services of a type and
scale appropriate to satisfy daily routine requirements of the immediate resident population and visitors to the locality.
Centres or locations included within the zone have no function under the CCR LUS to service a district or regional
catchment.
It is difficult to impose standards to restrict floor area or activity type because local catchment populations will be of
different size between centres. The size of premises and the range of goods and services on offer will vary to match
community requirements.
The zone does not have application for small-scale business activity embedded in a residential area to meet the regular
daily requirements of the immediate residential community. It is appropriate to include these sites within the
residential zone applying for adjacent land.
Local Business areas –
i.
cluster as close-spaced buildings up to two storeys, in both attached and detached configuration;
ii.
may be confined to one or a limited number of urban blocks fronting a single road, road junction, or plaza;
iii.
building elevations limited if any frontage setback;
iv.
make independent provision for external ground level car parking to service each use, preferably located to the
side or rear of buildings;
v.
include signage as an integrated element of streetscape and business activity if consistent with the visual and
functional identity of adjacent land;
vi.
provide extended hours of operation for trade and hospitality
Clause 21 - General Business
Purpose is to provide for general business community, civic, food, professional and retail facilities serving a town or
group of suburbs.
The zone applies if strategic purpose is to cater to a catchment population drawn from a geographic area comprising
the whole of a town and its immediate hinterland.
The zone allocates land for an urban activity centre offering in one accessible location a mix of goods and services of a
type and range appropriate to service regular and some specialist needs of the immediate and district resident
population and visitors to the municipal district.
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In terms of the CCR LUS business centre structure, the zone is applicable for the middle order or district settlement
centres at Ulverstone, Sheffield, Latrobe, Wynyard, Queenstown, Smithton, and Currie.
General Business areas –
i.
cluster as close spaced or attached commercial and retail buildings up to 3 storeys;
ii.
may align to both sides of a road or a road intersection over or around one or more urban blocks, and may
incorporate plaza or concourse areas with internal shopfronts;
iii.
building elevations have limited if any frontage setback;
iv.
make independent and/or shared arrangements for external ground level car parking on separate sites or
located to the rear of premises;
v.
ground level premises are predominantly for retail and direct access activities;
vi.
residential and community activity may occur on upper and rear areas of a site;
vii.
include signs as an integral element of streetscape and business activity;
viii.
operate extended hours for trade and hospitality;
ix.
may be an abrupt transition from business to residential/industrial use at mid-block or across a road
Clause 22 - Central Business
Purpose is to provide for general and specialist business, civic and cultural, community, food, hotel, professional, retail,
entertainment, and tourist functions within a major centre servicing a region or subregion population.
Application of the zone is appropriate for a centre if the catchment population includes the local community and
communities of outlying district and local settlements, including those beyond the municipal boundaries.
The zone applies only for large-scale activity centres at Burnie or Devonport offering a comprehensive mix of services of
a type and range to meet the routine needs of local residents, and the specialist needs of a local, district, regional or
sub-regional population and visitors to the Cradle Coast Region.
Central Business for Burnie and Devonport each has distinctly different character.
Burnie is a compact and contained centre, whereas Devonport is fragmented across a number of locations.
Development standards must be specific to each centre
Development in each business centre is to i.
make best use of available and planned utility and community services infrastructure;
ii.
promote more intensive use of land and existing buildings through adaptive conversion and re-use, infill, and
redevelopment;
iii.
limit expansion and contain activity within the established business centre;
iv.
encourage retail and direct service providers to activate and maximise occupation of road and pedestrian
frontages;
v.
provide convenient arrangements for pedestrian and vehicular access and circulation and for provision of
appropriate facilities for delivery of goods and for parking;
vi.
manage built form and development to be comparable with the context and form of housing or other
development in the locality through regulation for building height, site coverage, and location to boundaries;
and
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vii.
manage the proximity relationship between use and development for business and allied activity in the Local
Business zone and the use of land in adjacent zones
Clause 23 - Commercial
Purpose is to provide land for large floor area retailing and bulky goods, and for service industries.
The zone has strategic intent to provide a convenient and cost effective location without the land content cost and
transport access, and convenience problems frequently attaching to location of larger floor area retailing and trade
supply activity in a general retail centre.
The zone is also intended to eliminate opportunity for location of large format retail and bulky sales on industrial land.
Development on land in the Commercial zone –
i.
is restricted to activity unsuited for location within a Local Business, General Business or Central Business zone;
ii.
does not distort capacity of alternate retail and business centres to primarily service local, district or regional
communities;
iii.
does not include supermarket, department, or variety stores;
iv.
may involve larger sites containing low-rise buildings of industrial or warehouse appearance and construction
with significant floor area and expansive external hard-sealed and illuminated areas for display and storage or
goods and for the movement, loading, and parking of vehicles;
v.
may attract a high volume and frequency in freight transport, light commercial, and passenger vehicles, and
feature well define frontage access points and on-site vehicle movement, loading and parking areas;
vi.
may feature prominent corporate livery and signage in building treatments and site appearance;
vii.
may operate extended hours, including weekend trade;
viii.
must provide convenient on-site arrangements for pedestrian and vehicular access and circulation, and for
provision of appropriate facilities for delivery of goods and for parking;
ix.
is to manage built form and development to be comparable with the context and form of other development on
adjacent land through requirements on building height, site coverage and location to boundaries; and
x.
is to manage proximity relationships between use and development for commercial purposes and use of land on
adjacent land
Permitted Use
Business areas are to provide opportunity for a range of professional service, retail, community, entertainment,
community and civic activity, and for tourist, visitor accommodation and residential uses of a type and scale consistent
with function within the Regional centres model.
The potential range, scale, and sophistication of goods and services will increase progressively from local through general
to the central business zone.
Cradle Coast interim planning schemes distinguish between general retail and retailing of bulky goods or goods requiring
a larger site area.
Standards
Use Standards determine for each zone the type and scale of use for which a permit must grant and require a permit is
discretionary for all other forms of the permitted use.
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Cradle Coast interim planning schemes identify the following development outcomes, although locally specific outcomes
may be included in the event there is detailed and agreed strategy.
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Appendix 6
Land for Industrial Purposes
Applicable Strategy and Policy
Industry includes manufacturing, processing, storage, transport, and repair, maintenance and servicing activities.
Industry use may create and handle commodities for export trade, including by processing and value-adding raw resource
from agriculture, forestry and mining.
Alternatively, industry may be directed to replace import commodities required by the local or regional community.
Industry is also required to support requirements of a local or regional community for construction, fabrication,
maintenance, repair, service, storage, and transport functions.
Tasmanian economic development policy places considerable emphasis on retaining and enhancing capacity to downstream process and value add the outputs from primary industry; and to be innovative in manufacturing to produce both
export orientated products and be relatively domestically self-sufficient.
The State Economic Development Plan 2011 notes a relatively high proportion of Tasmania’s current processing and
manufacturing and industrial activity is located within the Cradle Coast Region.
The State has variously investigated demand and supply factors for provision of industrial land within the Region and for
each municipal district (SEMF 2006, SGS 2011), and has considered site options for designation as nodes of industrial
activity.
Analysis (SEMF 2006) promotes a regional approach to aggregate industrial use in fewer locations and to avoid
perpetuating current small-scale, fragmented, constrained, and poorly connected industrial estates.
28
SGS 2011 considered demand projections for general industrial land in Tasmania. Medium and high projections of
demand for all types of industrial land in the Cradle Coast Region for the period 2011 to 2041 are from 200 – 300 ha for
export orientated manufacturing and processing, transport and storage, and local service industry.
The distribution of demand between municipal districts is not assessed. However, given the established and emerging
pattern of industrial activity across the Region, it is unlikely that Burnie can be anticipated to attract the majority
proportion of growth.
The SGS projections do not indicate a likely surge in industrial land demand.
There is no strategic indicator to suggest an immediate or medium term need to identify and designate new sites for
industrial use.
The State has not formally identified priority locations or designated strategically important sites.
The Cradle Coast Regional Land Use Strategy (CCRLUS) acknowledges land use planning can assist industrial development
by allocating land in locations and of a type that accommodates the particular requirements and characteristics of the use
class.
The CCRLUS –
28
i.
identifies location criteria for selection of industrial sites, noting particular importance of flat land and ready
connection to existing freight transport routes and high capacity utility services;
ii.
promotes aggregation of industrial activity into fewer, larger, and more efficient locations to reduce
fragmentation and minimise likely impact of industrial activity on other land use;
Industrial Land demand Tasmania – short, medium and long-term overview (2011 – 2041) for DEDTA September 2011
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iii.
requires industrial land be protected against occupation by non-industrial uses, including all forms of retail and
recreation;
iv.
recognises regulatory distinction may not be possible between export-orientated and import replacement
industry and industry required to service need of the local community; and
v.
does not compel industrial activity be located on zoned industrial land if there are resource and operational
characteristics that require or support location on other sites
Industry is popularly perceived as a potentially high impact activity, typically characterised by large sites, utilitarian and
unattractive buildings, structures, and site areas, heavy freight transport, extended hours of operation, and emission of
noise, odours, vibration, smoke, particulates and other outputs of likely cause for environmental and amenity harm.
The traditional approach for construction of a planning scheme is to locate land for industrial purposes toward the
margins of urban settlement on reasonably level land that can provide well accessed and serviced sites buffered from
likely conflict with other land uses, and of sufficient size for aggregation and expansion of industrial use.
However, while physical properties of land, good access and utilities remain valid considerations, contemporary
environmental and nuisance control requirements, use of modern industrial plant and processes, and emergence of high
technology or micro operations can assist to ensure industrial activity is relatively low impact and without likelihood for
significant impact on social and environmental systems.
Improved environmental standards allow industry may be compatible with other forms of land use, including residential.
The majority of existing industrial locations within the Region are small scale and constrained by factors including
transport access, utility provision, topography, susceptibility to landslide, isolation, absence of capacity for expansion,
and immediate proximity to other forms of land use (particularly residential).
There is a general absence of dedicated large-scale industrial sites with contemporary infrastructure and transport access
arrangements, capacity for continued growth and development, and absence of likelihood for conflict and interference
from other land uses and natural values.
There are some industrial activities reliant on proximity to raw resource and for which aggregation into discrete industrial
estates is not consistent with operational requirements.
However, the translation impediments created by the LUPAA requirement on expansion or contraction in zone
boundaries inhibits capacity to make large-scale change in the location and distribution of land assigned for industrial
use.
Current planning schemes
Most current schemes allocate land for industrial use. Such zones accommodate a range of opportunities for
manufacturing, processing, service, storage, and transport activities.
Schemes may use one or more industrial zones; and take various approaches to regulation of use type and development
outcome.
The majority of schemes do not make distinction between lands assigned for industry purposes on the criteria contained
in the purpose statements for PD1 industry zones.
Zones
Cradle Coast interim planning schemes do not restrict industrial use and development to land within the designated
Industrial zones, and invite opportunity for industrial activity in General Residential, Inner Residential, Low Density Residential, Rural Living and Environmental Living
Each residential zones embodies opportunity for ‘home occupation’ and ‘home based businesses’.
Cradle Coast interim planning schemes define both terms generically and do not exclude potential for industrial use.
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It is possible within the scale and impact limits imposed by the definitions for home based economic activity to
contemplate micro-industrial activity within any residential area if in association with a residential occupation of the
site.
Commercial
The Commercial zone serves a dual purpose to provide land for large floor retailing and for service industry.
“Service industry’ is identified as a separate use class, and is described as any activity involving “cleaning, washing,
servicing, or repair of articles, machinery, household appliances, or vehicles”.
The “service industry” use class encompasses a proportion of the activities directed to support need of the local
community and may otherwise be considered in the nature of light industry.
Rural Resource
Land within the Rural Resource zone may accommodate industrial activity under the “resource processing” use class to
allow for treating, processing or packing of plant or animal resources.
Although the Rural Resource zone is not a default industrial zone, it does not exclude consideration of industrial type
activity if the priority purpose of the zone is not compromised.
The scale of industrial activity on rural resource land may be substantial.
Cradle Coast interim planning schemes provide two purpose specific industry zones –
Clause 24 - Light Industry
Purpose is to provide for manufacturing, processing, repair, servicing, storage and distribution of goods and materials if
off-site impacts are minimal or can be managed to minimise conflict or impact on the amenity of any other use.
Cradle Coast interim planning schemes anticipate permitted industrial development is to successfully co-exist with use
of adjacent land by character or application of site specific management practices. For this reason it is unlikely the zone
can accommodate large-scale manufacturing, processing, transport, and storage activity.
Clause 25 - General Industry
Purpose is to provide land for manufacturing, processing, repair, service, storage and distribution of goods and
materials likely to impact on neighbouring uses.
Cradle Coast interim planning schemes recognises the particular operational and occupational characteristics of
industrial uses have a reasonable potential to impact on the amenity and safety of neighbouring uses.
Ostensibly the zone applies for industrial land remote from land allocated to other use. However, the zone must also
apply for locations where it is necessary to retain opportunity for industrial use with a likelihood for readily detectable
impact on land allocated for other use.
Application in this manner is appropriate to retain an established pattern of strategically important industrial use.
Permitted Use
A range of manufacturing, processing, service, transport and storage use is permitted on land within both the Light
Industry and the General Industry zones.
Activity is excluded if it provided for in other zones under the planning scheme or has no need or purpose to locate on
industrial land, including for retail of food and clothing, and for most forms of bulky goods.
The primary difference in permitted use between the Light Industry and the General Industry zone is that activity in the
former must not be likely to impact adversely on the use of land beyond site boundaries by reason of –
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i.
ii.
an activity, process, good, material, product, or plant that if undertaken, operated, handled, or stored in
accordance with all measures to avoid or minimise impact could –
a.
create a likely risk to human health, life, or property, or to the biophysical environment; or
b.
emit a pollutant or nuisance discharge to air, land or water likely to have adverse impact on the amenity
of existing and likely future use on adjacent land
visual prominence of buildings, external activity areas and signage
Activity on General Industry land acknowledges likelihood for detectable impacts beyond boundaries of the zone. The
nature of such impacts can be managed to minimise risk for health and safety of people and the environment in
accordance with environmental hand work place safety regulation.
However, General Industry use cannot be constrained to completely exclude any use with an output likely to create
inconvenience to other land use.
It is difficult to adequately identify low impact use by reference only to use class.
Standards
Standards for industrial use are directed to outcomes that i.
provide sites of sufficient size to fully accommodate all buildings, external activity areas, vehicular access,
loading and parking arrangements, and to buffer or screen to land in other use;
ii.
have a high level of accessibility and convenience for freight transport without traversing areas set aside for
other forms of urban use;
iii.
operate extended hours, including shifts;
iv.
provide utilitarian industrial style buildings and structures of various size and construction;
v.
expose external activity areas to view from internal road frontages;
vi.
provide convenient on-site arrangements for pedestrian and vehicular access and circulation, and for provision
of appropriate facilities for delivery of goods and for parking; and
vii.
screen and buffer external boundaries to minimise impact on adjacent land
It is not proposed to require setback of industrial buildings from frontages internal to an industrial estate. The approach
recognizes industrial land as an area for intensive use by activity that by nature are functional and frequently inelegant in
nature and appearance. Requirements for frontage setbacks consume site area and create spaces that are rarely
maintained for appearance purposes. Emphasis in the provision is to maintain visual presentation on frontages to major
transport routes.
The Cradle Coast interim planning schemes includes a specific provision to address the likely impact of industrial use at the
interface between the Light Industry zone and a zone for other use if the zone boundary corresponds to the alignment of a
road other than a Class 1 or Class 2 road. The specific local provision must name each road to which the standard applies
and include a specific setback distance in meters. The provision may also be included if the municipal district has a
declared urban design policy or plan for an industrial area that includes a requirement to set buildings and external activity
areas off the frontage.
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Appendix 7
Land for Primary Industry Purposes
Applicable State and Regional Strategy and Policy
Rural Land
Land outside the boundaries of a defined settlement area has traditionally been described by the generic term
“rural”.
More than 95% of the Cradle Coast Region has been considered rural land.
Land currently identified as rural comprises the largest and most complex land unit within each municipal
district. The rural land of the each municipality district is part of an extensive, complex and contiguous system
of land that contributes to the sum of the capacity of the Cradle Coast Region and of Tasmania for –
i.
agricultural, forestry, and mineral production;
ii.
protection and conservation of natural landscapes and ecosystems significant for biodiversity and for
scenic and cultural values;
iii.
infrastructure assets for road and rail transport, energy generation and transmission, water catchment,
storage and distribution, and telecommunication and digital networks;
iv.
tourists and visitors attractions and destinations;
v.
recreation; and
vi.
residential lifestyle opportunities
While some of these activities directly support local communities, the majority operate in a wider context
and have importance and benefit beyond each municipal district and the Cradle Coast Region.
The central purpose of the Tasmanian resource management and planning system is sustainable use and
development of land, air and water resources, including for rural land.
There are policies and commitments of the State recognising the relative productive capacity and economic
value of Tasmania’s natural, cultivated, and extractive resources, including for native and plantation forestry,
fisheries, mineral exploration and extraction activities, and agricultural activity.
The State has regulated to require planning schemes both protect sustainable production potential against other
uses and minimise regulatory control over primary production.
The CCR LUS notes three land use categories 
Conservation Land are areas with significant importance for ecological process, biodiversity, and
landscape value and comprises over 70% of the total land area within the Cradle Coast Region.
Objectives and management arrangements for conservation land are defined by statute and are generally
outside the land use planning process.

Primary Production Land is identified where naturally occurring resources provide potential for
sustainable production by agriculture, forestry and mining; and comprises less than 30% of the Region’s
land content.
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
Settlement Land comprises established localities for residential, business, industrial, community and
utility purposes.
These lands typically occur as discrete, readily identifiable, and internally multi-functioned centres of
different size and location. Settlement land comprises less than 2% of the total land area within the
Region.
The CCR LUS intends that the respective function for each of the three land categories is understood and
protected.
In this regard the CCR LUS intends distinction between the production and conservation elements of rural land,
and separate identification of land for settlement purposes, including residential use in a rural or natural setting.
The CCR LUS approach requires a fundamental repositioning by Cradle Coast interim planning schemes to the
identification and management of land outside settlement boundaries.
The CCR LUS intends i.
Rural land is to have a very specific land use purpose.
Priority purpose for rural land is sustainable production by resource related primary industry, including
for agriculture, forestry, and mining.
The conservation and settlement elements commonly inherent in traditional approaches to rural land
management are addressed to be through separate strategies and policy outcomes.
ii.
Rural land is a complex and variable resource.
It is difficult for reasons of available data and the natural vagaries of resource occurrence to accurately
distinguish and define discrete spatial units within the rural land estate for each category of primary
industry.
Rural land is best considered for land use planning purposes as a single unit of differential land type and
productive capability collectively intended for primary industry.
Regulatory provisions are to provide priority opportunity for a range of primary industry use and for
other use that is dependent for operational efficiency on a location on rural land.
iii.
Rural land is not comprised entirely of agricultural land.
Agricultural land is an important part of the area described as rural land.
However, agricultural land is not synonymous with rural land.
29
Agricultural land defined in accordance with the PAL Policy is located within the Cradle Coast Region
on the elevated and undulating plateaus immediately south of the coastline.
Agricultural land comprises less than 17% of land within the Region.
Only 16% of total agricultural land in the Region is classified as “prime agricultural land” under the
Tasmanian Land Capability Classification System.
29
Agricultural land is defined by PAL to be all land currently in agricultural use together with all land with potential for agricultural use, but not
including land used, developed or designated by statutory rule for a non-agricultural purpose or an agricultural land area that is too remote or
too small in area and isolated to be a viable agricultural unit or included in a larger agricultural unit
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Rural land may contain significant areas in production native forest and plantation forest use.
It may also contain mining and extractive industry sites, water catchment areas and storage reservoirs,
energy generation and transmission facilities, transport networks, industrial activity, and tourism and
recreation use.
iv.
Wise use and appropriate protection of rural land is required to avoid or minimise –
a.
unnecessary and permanent loss of potential for sustainable production; and
b.
unreasonable interference and conflict from use or development that has no need or reason to
locate on rural land
Land use regulation for rural land is to take a strategic perspective in which protecting the potential for
use prevails against short-term circumstance.
Land use planning regulation is to be consistent with broader policy and statutory outcomes to ensure
air, land and water resources remain available for current and potential future use by primary industry
without significant risk of interference or constraint from other forms of activity.
v.
Land use planning regulation is to ensure primary industry and resource related enterprise can be
diverse, dynamic, and innovative and at a variety of scale and intensity.
Regulation must avoid restriction on the nature of primary industry use or development.
Priority for primary industry is not to exclude opportunity for associated activities that value add and
assist viability of sustainable use provided such uses always remain a directly associated and
subservient part of a primary production use.
vi.
Rural land is not a default land bank from which to extract land for urban release or a default
destination for use or development overflowing or rejected from settlement centres.
The priority mechanism to accommodate growth and development for housing, business, industry, and
community purposes is a combination of intensification within established urban land, and strategically
justified conversion from other land use to accommodate demonstrated need for expansion.
The planning process for conversion of rural land must fully consider the competing benefits of
providing additional opportunity for urban growth against long-term size and capacity in the rural land
resource for sustainable production.
The translation obligations for an interim planning scheme constrain capacity for change in the area of
land assigned to rural purposes and for growth in urban settlements.
vii.
Rural land may be required for operational efficiency by non-primary industry use.
Not all non-primary industry activity is suitable for location within defined settlement areas.
Some uses require a large site or a separation from urban uses for reasons of safety and security, or for
mitigation of amenity and nuisance impacts.
Some use may be reliant on in situ access to a naturally occurring resource such as water for energy
generation, or water capture and storage for input to an urban or irrigation supply system.
Additionally, transport, energy transmission and communication systems require linkages across
primary production areas to achieve connectivity between places.
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The strategic purpose for rural land must therefore include opportunity for activities that are not
directly dependent on a resource attribute inherent in air, land or water if they cannot functionally be
located elsewhere.
vi.
viii.
Protecting the capability of rural land for primary industry requires restraint on use that has no need or
reason to locate on rural land.
Rural land may include areas of natural or cultural value.
The CCR LUS intends land of particular significance for ecological, scientific, cultural or aesthetic value is
to be separately identified and protected through alternate regulatory mechanisms.
However, not all land has sufficient size or value for separate identification or statutory protection.
Such lands are to be incorporated and managed as a component of the rural land system and
landscape.
Agricultural Land
The State has defined protection of agricultural land to be a priority policy outcome for the Tasmanian
30
resource management and planning system .
The Protection of Agricultural Land Policy 2009 requires that a planning scheme be constructed on principles
that establish and give priority to the significance of agricultural land for sustainable production from a State,
regional and local perspective.
Priority outcome of the State Policy is that agricultural land is to always remain available for agricultural use.
Regulation within a scheme must prevent unnecessary and permanent loss of agricultural land by conversion
and unreasonably interference and constraint by other use on both existing and potential agricultural activity.
The PAL Policy potentially applies for some 17% of the total land area within the Region.
While readily identifiable, agricultural land does not present as a uniform or readily bounded geographic unit.
The physical features of agricultural land are common across coastal municipalities of the region.
The agricultural land estate is frequently intersected by deeply incised water courses and steep emerging
ridges of varying size and extent. Areas of agricultural land contain internal pockets of non-agricultural land –
whether by natural circumstance of topography or geology or by cultural action and intent, including by
statutory protection and established use.
Notwithstanding, agricultural lands in the Region collectively comprise a relatively intact, contiguous, viably
sized, and highly productive resource for continued agricultural use.
Only 16% of total agricultural land in the Region is classified as “prime agricultural land” under the Tasmanian
Land Capability Classification System.
The majority of agricultural land is currently developed and used for agricultural purposes.
The potential to expand the agricultural land area for viable production is extremely limited due to landform,
elevation, soil, and cultural constraints. The known stock of agricultural land cannot be replaced if
permanently converted to alternate use.
Existing and traditional agricultural production is primarily dependent on the soil as a growth medium.
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State Policy for the Protection of Agricultural Land 2009
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The PAL Policy defines agricultural use to be any form of animal husbandry or plant production, including
plantation forestry. The allocation of agricultural activity as a proportion of municipal agricultural land (2010)
is less than 6% cropping and horticulture, 75% grazing, and 19% plantation forestry.
There is very limited controlled environment agriculture or intensive livestock production. Such use is
randomly distributed.
The nature of agricultural production transitions by soil, elevation and water availability.
Prime, or higher production potential, agricultural land generally occurs below the 350m contour. However,
the location of higher production potential land evidences variegated distribution and endemic intermingling
with lesser productive potential land within the agricultural landforms.
Lower altitude agricultural land on basalt derived soils support intensive cropping, horticulture, and grazing.
The potential for increased productivity in the area of cropping and intensive grazing may be enhanced
through availability and application of irrigation.
Increase in altitude reduces suitability for horticulture, the range of crops types, and the intensity of grazing.
The more elevated agricultural lands are the predominantly areas for grazing and native and plantation forest
under current production systems. There has been some conversion of grazing and cropping land at lower
altitudes into plantation forestry. However, the reliability, security and relative productivity of all forms of
agricultural activity remains high.
Soils of lower productive capability generally occur on more rugged topography along the intermediate slopes
of the main river valleys and on higher ridges.
31
Climate Futures Tasmania estimates the effects of predicted climate change could move the current
elevation limit on higher production agricultural use to the 700m contour by 2100. The predictions have
significant implication for the extent and relative significance of agricultural land against contemporary
standards.
King Island and parts of the Circular Head municipal districts do not contain higher productivity agricultural
land as described under the Tasmanian Land Capability Classification System. However, these lands support
high yield prime quality beef and dairy production, and make significant contribution to both the local and
regional economy.
The majority of the total agricultural land area is contained in parcels greater than 40ha. However, individual
lots larger than 40ha comprise only a minority of the total number of titles.
Historic processes of land grant and subdivision has created a highly fragmented pattern of small sized land
titles. A large proportion of agricultural land area is on titles of less than 5ha.
Notwithstanding the extent of existing fragmentation, agricultural holdings (farms) may comprise several titles
in one or more locations to compile a viable production unit. It is not uncommon for regular transfer of titles
to occur as agricultural units are reconfigured.
It is apparent highly productive and viable agriculture is not dependent on large individual lots.
In accordance with PAL 2009 the Cradle Coast interim planning schemes–
i.
include agricultural land within the Rural Resource zone
ii.
give priority to and do not require a permit for agricultural use dependent on the soil as a growth
medium on agricultural land within the Rural Resource zone
31
Local Climate Profile – Burnie Municipal district Climate Futures for Tasmania Project Antartic Climate and Ecosystems Cooperative
Research Centre Feb 2012
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iii.
permit use or development that is a subservient part and directly associated with an agricultural use
iv.
restrict but do not prohibit use or development that is not dependent on agricultural land as a growth
medium, including controlled environment agriculture, extractive industry residential, rural processing,
tourism, and utility use
v.
require non-agricultural use, including residential use, on agricultural land be restricted if it is likely to
result in the unnecessary and permanent loss of agricultural land or has a potential to unreasonably
constraint or interfere with the practices of any existing or possible future agricultural use
vi.
include use and development standards for assessing the likely impact of non-agricultural use on the
continued availability of agricultural land and the sustainable conduct of agricultural use; and
vii.
restrict plantation forestry on prime agricultural land
Forestry
Parts of the Cradle Coast Region are State land managed under the Forestry Act 1920 as production forests
and forestry reserves.
The majority of forestry activity occurs on lands within the elevated southern portion of the municipal district.
Recent (2013) change to native forest management and protection arrangements have potential to convert
areas of production forest into statutory conservation reserves.
The regulatory arrangements for management of State forest preclude a requirement for intervention by a
planning scheme.
Conservation land
Land managed under a statutory conservation system comprises some 70% of the Cradle Coast Region.
These lands are identified by statutory process to be managed in perpetuity for protection of natural values
as part of a comprehensive, adequate and representative system of native vegetation, geological, or scenic
landscape and ecological systems.
Conservation areas are variously managed under the Crown Lands Act, Forestry Act and the Nature
Conservation Act.
Conservation lands are typically in more rugged and remote areas.
The regulatory arrangements applying for management of statutory reserves precludes need for intervention
by a planning scheme.
Mining and quarrying
There are a number of extractive sites for minerals and construction material in the Region.
Some mineral deposits have been mined continuously over many years.
New deposits with value for commercial production have been identified.
Mineral exploration is exempt control under a planning scheme. Extensive permit and control arrangements
exist under other regulation.
There is limited need for Cradle Coast interim planning schemes to make provisions for control of extraction
of mineral and construction materials
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Infrastructure and utilities
Rural land is occupied by infrastructure and utility activity.
The natural gas pipeline passes through rural land immediately south of the Bass Strait coastline. Security
and safety issues administered through the Gas Pipelines Act impose restraint on use and development in
close proximity to the pipeline.
Electricity transmission lines feeding from and to the east, south and west converge at the substation at
Sheffield and Burnie. Transmission towers and aerial conductors on and over rural lands impose
constraint on some forms of land use.
Domestic and urban water supply and hydroelectric reservoirs occupy valleys adjacent to population
centres and in remote locations. Management of water quality and security within the catchment
imposes limitation on some forms of land use and land use practices.
Road and rail transport corridors aligned east/west along the coastline, and north/south from major
settlement areas are essential to the movement of freight, passengers and visitors within and beyond the
municipal boundaries. Such roads and rails dissect rural land as long linear corridors and may impose
constraint on the movement of activity between areas of rural land.
Telecommunication and digital data towers continue to proliferate in rural locations to support expanding
demand and traffic on telecommunication networks.
While utility infrastructure may impose some degree of limit on availability and use of resource land, including
agricultural land, the scale and extent of occupation does not render the balance rural lands dysfunctional for
long-term potential for sustainable primary production.
Residential Use on Rural land
Residential is use of land for housing and associated use in a rural or natural setting.
The CCR LUS recognises rural living as a legitimate component in options to satisfy housing need.
The CCR LUS does not seek to exclude housing on rural land.
However, the CCR LUS settlement objectives require formal opportunity for residential use in rural and natural
settings through allocation of land to a zone with a particular purpose for housing.
The CCR LUS seeks to minimise (rather than exclude) perpetuating a random approach to rural living as
embedded in past practice.
The CCR LUS policies provide instruction that opportunities for rural living are to avoid direct and indirect
impact on sustained access to and use of primary industry land, be without risk for health or safety of people
and property, be reasonably proximate to and readily accessible from an urban settlement, avoid land
identified for expansion or introduction of urban and other activity, and be of a scale and quantity matched to
reasonably foreseeable demand.
The CCR LUS does not support random and incremental occupation of existing titles within areas designated
for primary industry and other priority rural purposes.
There is a long-established and continuing interest for residential use of rural land absent any association with
a primary industry or resource related activity. Such use and development is solely to meet a lifestyle
expectation.
The practice was relatively uncontrolled for many years.
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Small size titles had been perceived and accepted as generally inadequate for viable independent agricultural
use. The default proposition is that such lots are attractive and best used as house sites.
During the late 1970’s it became apparent that rural residential use could frequently resulted in the random
division of rural land into small housing lots dispersed among the better quality agricultural land. It was the
view of successive parliaments that such subdivision and use fragmented intactness of the agricultural land
resource and imposed restraint on availability and use of land for agricultural purposes.
In the early 1980’s the State through the then Commissioner for Town and Country Planning instigated
regulatory measures to control subdivision of rural land for housing sites. The approach was consistent with
the purpose of similar regulation for other jurisdictions in Australia, New Zealand, Europe and northern
America.
Effectiveness of the early State measures waned after 1992 with introduction of LUPAA and transfer of the
power to decide permit applications for use or development (including subdivision) of rural land from
centralised control by the then Commissioner for Town and Country Planning to a municipal planning
authority.
The State retained concern that support for residential and other non-agricultural use remained a threat to
sustainable use of the agricultural land resource. It sought to again address the situation through introduction
of the first State Policy for Protection of Agricultural Land (PAL) in 1996.
The PAL Policy was immediately unpopular in that it was perceived to extinguish previously lawful opportunity
for residential use of rural land. The Policy was subsequently modified to provide a sunset period to allow
application for residential use on existing titles. However, dissatisfaction with the Policy continued after the
moratorium expired. The PAL Policy was again reviewed and revised in 2000, and 2009.
The current PAL Policy 2009 acknowledges the planning system must recognise residential use may potentially
occur on agricultural land.
The PAL Policy has always maintained a position that all agricultural land is a valuable resource to be protected
against any activity that could result in a permanent loss of resource and that is likely to interfere or constrain
potential for agricultural use.
The PAL policy has never recognised agricultural land has priority or equivalent purpose for residential use.
The current PAL Policy 2009 indicates (Principle 5) residential use is consistent with policy objectives if required
for agricultural use, or “if it does not unreasonably convert and does not constrain or interfere with agricultural
use on the land or on adjacent land”. PAL 2009 does not establish residential use as a strategic purpose for
agricultural land. PAL merely allows that on some occasions residential use may be permitted on or in the
vicinity of agricultural land if –
i.
Residential use is required by agricultural use.
There was a time when residential occupation of agricultural land was a normal and necessary part of a
farming operation. However, circumstances have changed and many viable agricultural enterprises are
now conducted from land on which there is no dwelling.
The PAL principle recognises that if residential use is required by agricultural use it must be assessed as
a use separate from the principal agricultural activity.
The residential use must be necessary rather than merely convenient. The test implies agricultural use
requires the permanent presence of a person on the site for the purpose of undertaking such use. The
dwelling would be integral and subservient to the primary industry use.
Each permit application must be considered on its merits.
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The nature of agricultural and other primary industry use excludes ability to establish a minimum site
area or rate of production to justify need to live on the site; or
ii.
Residential use does no result in unnecessary permanent loss of agricultural land and is no likely to
interfere with or constraint any existing and potential agricultural use on the site or on adjacent land.
The principle does not invite unrestricted opportunity for residential use on existing titles.
The principle does not invite that a planning scheme may establish the overt purpose of rural resource
land is to include housing or that residential use is to have an equivalent status or permit pathway as
agriculture or other primary industry use.
It instead says that if housing is to be contemplated, then each proposal must be assessed on its merits
for likely impact on agricultural land.
The Policy requires –
a.
Land is not agricultural land.
The definition of agricultural land excludes any area that has been assigned by regulation to
another purpose; or that is so isolated and of insufficient size as to be incapable of inclusion with
other agricultural land or used for agricultural activity in its own right.
It is therefore possible to provide for residential use in a rural setting by introducing regulatory
arrangements to establish housing as the priority use under a zone other that intended for
primary industry.
However, the principle does not invite that an individual lot of inadequate size for independent
agricultural use may be considered for residential use. If a lot can, but for ownership, be used in
conjunction with adjacent land, it has potential for agricultural use.
The principle does not allow that land is not agricultural land because it is not the intention of
the current owner to use if for agricultural use. The PAL seeks to protect the potential of land as
a resource for agricultural use. It matters not whether the land is profitably used or
appropriately managed.
b.
Residential use or development must be without impact on the continued ability to use other
agricultural land for agricultural activity.
Assessment for impact must take into consideration the potential use of adjacent land for
agriculture, and the occupational and operation characteristics for each potential agricultural
production system.
It has been variously established that residential use typically impacts on agricultural use of land
32
within a 200m radius of a dwelling .
Cradle Coast interim planning schemes require that a new residential use be not less than 200m
from any agricultural land, including any agricultural land on the site.
Alternatively, each proposed residential use must demonstrate it can be adequately buffered to
prevent potential to impact on any agricultural use of adjacent land.
The proposition embedded in PAL Principle 5 defeats purpose of agricultural land to provide for
residential use. It does not however, preclude opportunity for residential use on rural land if without
adverse effect for availability and use of agricultural land.
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NSW Depart of Agriculture -
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The strategic position of the State with respect to residential use on agricultural land is not universally
agreed. However, the statutory processes associated with purpose and content require a planning
scheme must be in accordance with State policy. It is not possible for a Cradle Coast interim planning
scheme to ignore, challenge, change, replace or repeal state policy. Independent assessment will reject
or modify for any inconsistency.
In the context of PD1, the PAL policy supports a proposition that housing opportunity is best established
by formal allocation of land into a rural living zone. Creation of a zone for an alternate purpose can
extinguish status as agricultural land, and remove necessity to establish for each residential use
application the outcomes required by PAL.
If land is capable of agricultural use, either as a separate site or in conjunction with adjacent land, both
PAL and the CCR LUS require it is to remain available for agriculture. The policy position intentionally
excludes consideration of individual small lots as housing sites simply because they are not in
themselves of sufficient size for viable agricultural use.
The CCR LUS and the Cradle Coast interim planning schemes do not intend land assigned for rural
purposes is also to be available for housing.
The Cradle Coast interim planning schemes require that all new residential use on rural land must be
assessed and determined through the discretionary permit process.
The CCR LUS requires that any residential use on rural land must establish the site is suitable and safe
for residential occupation.
The CCR LUS does not prescribe limits for the type and form of residential use if permitted on rural land.
There is no State Policy instruction or implication in PAL that residential use is restricted to a single
dwelling. Multiple or shared dwellings may be a practical means for providing worker accommodation
in agricultural and other primary industry use, including single-people quarters for fly-in/fly-out mining
operations.
The Cradle Coast interim planning schemes does not seek to make overt distinction between
requirements for residential use on rural land and residential use on agricultural land.
Current Regulation
Current planning scheme identify land external to settlement boundaries as rural.
Rural land is generally managed under current controls as a single land use unit or zone.
The priority purpose for rural land is typically stated to be primary industry, including either expressly or
by implication for agriculture, forestry, and extractive industry use.
Some planning schemes distinguish between land for rural purposes (agriculture) and land for forestry.
There is no consistent approach to regulation of non-primary industry use.
There is no consistent approach for residential use.
Most schemes permitted a dwelling if necessary, integral and subservient to an agricultural use.
However, standards for compliance vary.
Other forms of residential use are prohibited under some schemes, or are permitted and controlled in
others by reference to criteria such as minimum lot area.
The majority of current schemes are not fully in accordance with PAL 2009.
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Subdivision is generally permitted to create lots for agriculture and other primary production purposes,
although in some schemes minimum area standards apply.
Subdivision to create a residential or other non-primary purpose lot is generally prohibited.
Use and development standards vary. Some schemes employ a minimum lot (site area) for permitted use
(particularly for a dwelling) and require substantial frontage and boundary setbacks to minimise visual
presence of buildings if viewed from a rural road.
Some schemes impose extensive siting and appearance requirements; and schemes variously address site
suitability for effluent disposal, water supply, vehicular access, landscaping, and hazard management.
Other schemes are silent on site area, setback and building requirements.
Schemes are perceived to inadequately balance long-term protection of rural land for primary industry
purposes with provision of opportunity for non-agricultural use, including housing, in a rural or
environmental setting.
Some schemes include extensive areas within a common rural zone that are unsuited to both primary
production and settlement. Rugged topography, elevation, exposure to natural hazards, and
requirements for protection and conservation of valued natural and cultural assets restrain ability for
settlement or opportunity for intensive primary production in cropping or grazing.
These lands are largely in public ownership as State Forest or Crown Reserves and contain extensive and
contiguous stands of relatively intact native forest and non-forest vegetation and relatively wild minor
watercourses and wetlands.
Potential for use and development is limited, although native forest and biological harvesting, mineral
33
extraction, water harvesting, and renewable energy uses may occur . It is debatable whether these
lands form a valid component of a land use system intended to support and protect commercial primary
production.
Zone Purpose
PD1 provides the following zones for primary production and rural related purposes
Clause 26 - Rural Resource Zone
Purpose of the zone is to allocate land for sustainable use of land, air, and water resources by primary industry
for agriculture, aquaculture, forestry, mining and other primary industries, including resource processing.
The zone is intended in part to provide for the identification and protection of land significant for agriculture.
Purpose of the zone is to restrict but not exclude activity that may constrain or conflict primary industry. The
zone may therefore provide for non-resource related use and development dependent for operational
efficiency on a location removed from settlement and conservation areas; including for utilities and transport,
rural processing industries, and some forms of tourism, recreation, and residential use.
The Rural Resource zone has a very particular purpose in Cradle Coast interim planning schemes for primary
industry.
It is not the purpose of the Rural Resource zone to –
i.
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Identify and protect land with significant ecological, scientific, cultural or aesthetic value.
See discussion below under Environmental Management zone
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Cradle Coast interim planning schemes assign land with conservation values to either the
Environmental Management or Open Space zones.
ii.
Provide land for residential use in a rural or natural setting.
Cradle Coast interim planning schemes assign land intended for residential use to either the Rural Living
or Environmental Living zone
iii.
Provide for any use that does not fit to the purpose of an alternate Cradle Coast interim planning
scheme zone.
Cradle Coast interim planning schemes require that permitted use must conform to and support
purpose of the zone.
iv.
Create a land bank as a holding mechanism until there is need for conversion to another land use
purpose.
Rural land has traditionally been perceived to include land that may have no immediate benefit for
urban use, but which can readily be drawn upon for urban expansion or other activity as needs
arise. The approach has understated the value and function of rural land.
Cradle Coast interim planning schemes represent a change in management perception and
practice.
Each Cradle Coast interim planning scheme zone has a separate and independent purpose. Each
zone has equivalent strategic and operational status. Therefore the purpose of rural land to
provide for sustainable use or development by primary industry is not subservient to the purpose
of any other zone.
There is no presumption that Rural Resource land is to defer and convert to another land use
purpose over time.
The relative strategic merits in any future proposal for a change from the Rural Resource zone to an
alternate zone must be examined and adjudicated on equal terms.
The Rural Resource zone has been used in each Cradle Coast interim planning scheme for those components of
the current zones that are used or that could potentially be used for primary industry.
Clause 27 - Significant Agriculture Zone
Purpose of the zone is to identify and protect higher productivity agricultural land (assumed to be prime
agricultural land) and establish priority for agricultural use dependent on the soil as a growth medium.
The zone has a very particular and narrow purpose.
It is highly debatable whether the zone has purpose or practical function within the Cradle Coast
Region given the geographic distribution and absence of practical distinction between prime and nonprime agricultural land.
It is apparent that the agricultural land is not selective farmed on the basis of land classification.
While cropping and intensive grazing is concentrated onto the more productive lower altitude
localities, the area under cultivation appear to incorporate land that falls below the prime agricultural
land threshold.
Further, the purpose of agricultural activity does not make distinction between higher production
activity with importance for the State or Region and lesser productive activity with focus on a local
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market. The majority of agricultural output is destined for the same market regardless of whether
produced on prime or non-prime land.
The Cradle Coast interim planning schemes do not apply the Significant Agricultural zone.
Preparation of a replacement planning scheme for rural land requires determination on whether to apply the
Rural Resource zone or the Significant Agricultural zone to all or part of the agricultural land component.
The Cradle Coast interim planning schemes does not support allocation of the Significant Agriculture zone.
i.
The Significant Agricultural zone requires that land is almost exclusively allocated for agricultural use
dependent on the soil as a growth medium.
Allocation of the Significant Agricultural zone requires a.
some agricultural land within a municipal district has a quantifiable and substantially higher
production value against other areas of agricultural land; and
b.
the location of such land is capable of ready identification for application of the zone
The CCRLUS notes difficulties for separating higher and lower production agricultural land into different
zones.
The difficulty is compounded by accuracy constraints created by TCLSS mapping at 1:100,000, and a
practical requirement to prepare zone maps for rural areas at 1:50,000 or 1:25,000.
ii.
It is highly debatable whether the Significant Agricultural zone has purpose or practical function within
Region.
a.
Agricultural productivity from all sources in the Cradle Coast Region is consistently high relative
to similar operations outside the Region.
Production from agricultural enterprises between each municipal district is generally
indistinguishable from the regional position in terms of yield, quality, and economic value.
b.
The CCR LUS notes economic and social significance of agricultural land does not necessarily
correlate with higher land capability values under the Tasmanian Land Capability Classification
System.
Much of the current production area occurs on lands of medium or lower production value (nonprime rating under the TLCCS).
The reason can be attributed to a low and dispersed proportion of prime agricultural land within
the Region’s total agricultural estate, and a combination of physical and land management
practices that maximise productive use of land.
34
c.
The size and availability of the Region’s agricultural resource removes ability to exclude areas of
lower rated potential production from the entirety of the agricultural land estate.
d.
The CCR LUS identifies all agricultural land to be significant to the Region and to each municipal
34
district for long-term sustainable agricultural activity .
PAL establishes prime agricultural land is significant for Tasmania and must be protected. Principle 7 requires the level of protection for
non-prime land is to be determined having regard to local and regional significance of land for agricultural use. PAL does not preclude that
the same level of protection can apply for both prime and non-prime land if both categories have equal importance for agricultural use in a
regional or municipal context. The understanding is important for municipal districts such as king island where there is a high dependence
on agriculture and an absence of prime agricultural land.
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The CCR LUS requires in accordance with PAL 2009 Principle 7 that all agricultural land be
afforded an equivalent level of protection regardless of classification under the Tasmanian Land
Capability Classification Scheme.
iii.
The CCR LUS notes no practical regulatory benefit to successful protection of the agricultural land
resource by separating regulatory protection for higher and lower production agricultural land.
The purpose of both zones is to provide for sustainable agriculture and to restrict use or development
that has likelihood to interfere or conflict with agricultural use.
The Rural Resource zone provides for the sustainable use or development of resources for agriculture
and other primary industries. It may also permit other use or development, however, requires that
such use must always be without constrain or conflict for resource development (agriculture) uses.
The Rural Resource zone therefore provides a practical and competent mechanism to enable a planning
scheme to deliver the objectives for the PAL Policy.
iv.
The two primary production zones have important implementation differences –
a.
The Rural Resource zone includes agriculture among a range of primary industry activity.
It contemplates agriculture in all forms as a component part of a varied and dynamic pattern of
commercial primary industry and resource-related activity.
The Rural Resource zone is therefore a general purpose primary industry zone in which
agriculture shares the total land resource with other activities.
PAL simply requires that agricultural use on agricultural land be given priority over other forms of
use.
By contrast, the Significant Agriculture zone is a specialist zone for “higher productivity value
agriculture dependent on the soil as a growth medium”.
The Significant Agriculture zone intends priority for agricultural use dependent on the soil as a
growth medium. The zone therefore implies restriction on other types of agricultural use and
development.
The Significant Agriculture zone purpose creates a challenge for planning scheme to enforce
compliance unless there is close monitoring of agricultural use.
The two zones therefore have significantly different purpose and are not interchangeable.
b.
The Rural Resource zone is concerned with protection of a resource with capability for
sustainable agricultural production.
It is not concerned with whether the agricultural development depends on the soil as a growth
medium or whether it achieves a particular level of output.
The Significant Agriculture zone seeks to protect and promote agricultural use of “higher
productivity value” on the better quality agricultural land.
It is selective to particular form of agriculture on a minor component of the agricultural land
resource.
Compliance creates need to monitor the type of agricultural use and to impose restriction on
lower productivity value agriculture. The challenge for enforcement is considerable. PAL 2009
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requires a planning scheme is not to unreasonably impose permit requirements on agricultural
use.
The Rural Resource zone is concerned with managing a land resource, whereas the Significant
Agriculture zone is directed to protecting the relative value of inputs and outputs from that class
of agricultural use dependent on the soil as a growth medium.
c.
The Rural Resource zone can be applied to all agricultural land.
The Rural Resource zone applies for all forms of agricultural use, regardless of growth medium or
productive output.
The Significant Agriculture zone intends agricultural land be divided to separate “the most
productive agricultural land” and the “higher productivity value agriculture dependent on the soil
as a growth medium” from lesser productivity agricultural land, lower productivity value
agricultural uses, and from agricultural use that is not dependent on the soil as a growth
medium.
The Significant Agriculture zone therefore invites perception for that “most” and “higher” equate
to better and more significant. A planning scheme must therefore also provide for alternative or
lower importance agricultural land. By default, the latter must be agricultural land in the Rural
Resource zone.
Application of the Significant Agriculture zone implies a hierarchy of value for agricultural land.
Such a proposition is counterproductive to the CCR LUS position that all agricultural land is a
resource of significance for the Region.
d.
The Significant Agriculture zone invokes an anthropocentric concept of ‘productivity’ to establish
zone boundaries and control.
The planning authority must establish objective criteria for identifying higher productive
agricultural land against lower productivity land and for describing agricultural uses of higher
productivity value.
For coordination between municipalities, the same criteria and methodology must be applied for
all agricultural land.
Productivity is a measure of efficiency of production and implies comparison of input against
outputs.
The criteria for establishing “higher productivity value” are not specified in PD1. The most
available default is the Tasmanian Land Capability Classification System land categories and the
PAL distinction between prime and non-prime land.
Productivity requires knowledge of many factors, including yield and economic return assessed
by reference to variables such as the level of expertise, investment, science, technology, raw
resource and labour applied to agricultural practice, and may include factors such as availability
of irrigation, selection and comparative yield of alternate cropping and grazing systems, seasonal
climatic variation and the dynamics of weather conditions, market demand and synchronicity in
production; and consumer preference.
Consideration must also be given the efficacy of supply chain, marketing, and transport systems;
the existence, scale and performance of competition; and the viability of production.
Whether land is more or less productive is therefore a dynamic and subjective determination. It
requires a measure of the relative worth, desirability, merit, or usefulness of the outputs from
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each of the potential or actual agricultural enterprises dependent on the soil as a growth
medium.
The Tasmanian Land Capability Classification System does not provide an effective measure for
establishing relative productivity or productivity value. It considers a range of bio-physical
criteria against which an estimate is made of the potential for production of various agricultural
types. The TLCCS does not assist to determine whether land is more or less productive because
it does not give account to the cultural and economic variables necessary for comparative
analysis of inputs and outputs.
It is simplistic and potentially erroneous to make distinction between the productivity values of
agricultural land or of agricultural enterprise on the basis of a split between prime and nonprime agricultural land.
Productivity cannot be described in terms of a single factor. It requires a holistic perspective and
the extensive consideration of variables that are generally excluded from land use decisions.
It is not the function of a planning scheme to control land use through the inputs and outputs of
a production system.
The Region’s municipalities do not have a validated and accessible methodology for
distinguishing an absolute and permanent difference in relative productivity of agricultural land
or for establishing the productivity value of a particular type of agricultural use.
e.
There is insufficient knowledge and evidence to apply the Significant Agriculture zone and
simultaneously satisfy the LUPAA objective in Schedule 1 Part 2(a) to conduct planning processes
in accordance with sound strategic planning.
The Region is constrained in ability to defend application of the Significant Agriculture zone.
The reality for the Cradle Coast Region is that all agricultural land is significant on a number of
considerations, regardless of land capability classification.
The majority of agricultural use is conducted on non-prime land and sustained and viable yields
and returns are obtained off these areas.
The contribution of prime and non-prime land in production potential and productivity value of
agriculture to the State, regional and municipal economies and agricultural industry cannot be
meaningfully separated.
f.
There is a requirement for consistency in the provisions of planning schemes between adjacent
municipal districts.
If the prime/non-prime agricultural land division were adopted it becomes immediately apparent
the Significant Agriculture zone does not apply for King Island because there is no identified
prime agricultural land.
The agricultural land of King Island must by implication be ranked of lesser importance relative to
prime agricultural land of other areas.
However, the economy of King Island is in many ways primarily dependent upon agriculture.
Relative to the prime agricultural land in the balance of the Cradle Coast Region, the agricultural
land of King Island is more significant in a municipal context than it is in a regional or Tasmanian
context. In such a situation PD1 suggests the land be included in the Significant Agriculture zone.
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If King Island agricultural land is worthy of the Significant Agriculture zone, then it must follow
for the sake of consistency that the non-prime land in other municipal districts is to be similarly
zoned.
However, if all agricultural land is allocated to the Significant Agriculture zone, there is an
immediate impact for the range of permitted agricultural use and for other primary industry and
uses requiring location on rural land.
The proposition illustrates the impracticalities of making a regulatory distinction between
“higher” and “lower” productivity agricultural land.
g.
There is nothing in PAL or in PD1 to compel use of the Significant Agriculture zone or to imply the
Significant Agriculture zone is the default mechanism for protection of prime agricultural land.
A replacement scheme may legitimately and effectively place all agricultural land into the Rural
Resource zone and rely on use and development standards to achieve protection and
conservation in accordance with PAL objectives and principles.
The approach does not require pre-determination of the “most productive agricultural land”
against lesser productive agricultural land and in so doing does not imply a hierarchy of
importance.
h.
The Rural Resource zone can recognise all agricultural land is a valuable resource to be protected
and conserved for agricultural use in accordance with its significance from a State, regional and
local perspective.
Use of the Rural Resource zone also recognises in accordance with PAL that practical
requirements to support sustainable settlement and economic activity make it difficult to totally
exclude non-agricultural use from agricultural land.
Non-agricultural use is to be considered on its merits against likely impact for use of the
agricultural land resource.
There is no purpose for applying the Significant Agriculture zone in the Cradle Coast Region.
Clause 29 - Environmental Management Zone
Rural lands frequently include small areas of relatively undisturbed natural and scenic land with implicit value
for ecological process and habitat diversity.
These lands may have indirect economic and social benefit from tourism, recreation, and retention of places
with special cultural values.
Such lands have limited established value for cropping and grazing due to soil and topographic features and
may not function as major production forests.
However, such land may contain mineral, construction, and water resources or may require intrusion by utility
systems for energy distribution and communication.
In such circumstances the land is still capable of and available for primary industry use.
The lands may be of limited value for settlement due to topography, severe constraint on provision of access
and utilities, remoteness, and risk from exposure to natural hazards.
The established pattern of Crown and institutional private ownership appears to have minimised general
interest in development for residential and other purposes.
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The Environmental Management zone is to protect and conserve areas with significant ecological, scientific,
cultural or aesthetic value; or with a likelihood of risk from a natural hazard.
The Environmental Management zone provides opportunity to divide the current rural zones into land
intended for commercial primary production, and land intended for retention in a relatively natural
condition.
The zone has particular application in both rural and urban settings for lands with formal conservation
reserve status.
The zone may also apply for extensive areas of relatively intact and contiguous unprotected native
vegetation or aesthetic landscape.
The zone does not exclude primary production and resource-related activity. It may permit State production
forests; opportunity for exploration and extraction of mineral deposits; utilisation of air and water resources
for energy generation or extraction for irrigation and urban water supply; agricultural or aquaculture use;
utility facilities and corridors; and limited forms of residential, recreation and tourism.
The CCR LUS recognises the importance of intact vegetation communities and land form systems for ecological
process and biodiversity, and for cultural and aesthetic values, and requires protection and conservation to
maintain natural function for climate management (Part 3 2.3) water management (Part 3 2.4), air quality (part
3 2.6), conservation (Part 3 2.7) and coastal management (part 3 2.8).
Crown and private forests contain areas required by State policy and regulatory undertakings to be maintained
as part of a permanent native forest estate.
These areas are to be managed on a sustainable basis both within formal reserves and within multiple-use
forests under the Tasmanian Government Policy for maintaining a Permanent Native Forest Estate - 20
September 2011.
Implementation of the Policy is to reduce the extent and nature of clearance and conversion in both
threatened and non-threatened forest communities.
It is possible to identify permanent forest estate areas from the body of native forest.
It is appropriate that native forest reserve areas be included within the Environmental Management zone to
exclude other forms of land use, but retain opportunity for forest practices.
Production State Forests are primary industry land for which the Rural Resource zone is applicable.
It is appropriate to consider within the Environmental Management zone the non-forest areas that contain
threatened native vegetation communities as identified in the schedule to the Nature Conservation Act 2000.
Again, this does not preclude opportunity for a range of use and development. However, it requires the likely
impacts on ecological process, biodiversity and other natural and anthropogenic values must be assessed.
Not all ecologically or scientifically significant ecosystems and habitats, areas of cultural significance, or broad
scale areas with landscape aesthetic can be included in the Environmental Management zone.
Small area sites within the land units allocated for the Rural Resource zone may have importance for
protection and conservation. Particular provisions can be included within the planning scheme instrument to
control risk of threat by use or development to such locations.
The Cradle Coast interim planning schemes have applied the Environmental Management zone for land to
which any of the reserve systems administered under the Crown Lands Act, Nature Conservation Act and the
Forestry Act apply.
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The Cradle Coast interim planning schemes have also applied the zone to sections of the shoreline to Bass
Strait including the immediate off-shore waters.
Clause 13 - Rural Living and Clause 14 - Environmental Living
Zone purpose is to provide for residential use in either a rural setting or a natural environment setting.
The effect of applying the zones is to exclude land from strategic identification and purpose as primary
production land, including any component of agricultural land, or for conservation protection.
Application of the zones is required to deliver the State and CCRLUS objectives and outcomes for protection of
primary production and natural resources on land with strategic importance for rural resource and
environmental management.
A more comprehensive discussion on use of the Rural Living and environmental Living zone is provided in
Appendix 2
Permitted Use
Purpose of the Rural Resource zone invites a relatively open approach to the range of permitted land use.
i.
Agricultural use dependent on the soil as a growth medium is permitted without need for a permit;
ii.
Resource development other than agricultural use dependent on the soil as a growth medium is
permitted, and in some situations a permit is discretionary;
iii.
Extractive industry is permitted, and a permit is discretionary on agricultural land;
iv.
A range of community purpose, retail, emergency, industrial, recreation, transport and visitor service
uses may be permitted if in association with resource development or if required to locate on rural
land.
v.
Residential use is permitted, and a permit is discretionary.
Use Standards
Use Standards for non-primary production activity are intended to ensure an adequate relationship of permitted
use to purpose of the zone having regard to i.
location on rural resource land for operational efficiency if –
a.
required to access a specific air, land, or water resource naturally occurring on the site or on
adjacent land;
b.
required to access infrastructure only available on agricultural land;
c.
required to immediately access a product of primary industry or resource related use on the site
or on adjacent land;
d.
required to service or support a primary industry or resource related use on the site or on
adjacent land;
e.
separation from a population centre is required –
i.
for a site area not readily available in an urban setting;
ii.
for security;
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ii.
iii.
iii.
to avoid potential danger to public health or safety; or
iv.
to mitigate an unacceptable level of impact on amenity of settlement or conservation use;
f.
it provides opportunity for diversification, innovation, and value-adding to secure existing or
likely primary industry or resource related use of the site or of adjacent land; or
g.
it provides an essential utility or community service infrastructure for the municipal or regional
community or that is of significance for Tasmania; or
h.
it provides significant social, economic or environmental benefit to the region; and
location of a use or development, including for any building, vehicle parking and external activity area,
internal vehicle access, or sewage disposal area, must minimise –
a.
loss of rural resource land for existing and likely future primary industry or resource related use;
b.
likely constraint or interference to existing and likely future primary industry or resource related
use on the site and of adjacent rural resource land; and
c.
loss of rural resource land within a proclaimed irrigation district under Part 9 Water
Management Act 1999 or land that may benefit from the application of broad-scale irrigation
development
There are no minimum site are requirements.
The nature of primary production precludes capacity to establish a minimum site area without imposing
restraint on flexibility to innovate and employ production and management systems that are different
to establish practice.
It is not the function of land use planning to assess the viability of primary production use. It is
necessary only that the land is intended for primary production; and that any associated use or
developments required in support of such production.
iv.
Residential use and development is appropriate only if –
a.
alteration or addition to an existing lawful dwelling;
b.
required in order that a primary industry or a resource based activity does not fail; or
c.
in locations that–
i.
do not have capacity for primary industry or resource related use, including agricultural
use as determined by an applicable land capability assessment methodology; or
ii.
do not have importance for natural or cultural values management as indicated by a
state regulated criteria; or
iii.
are alienated or converted by the type, pattern, and density of existing use and
development on the site or on adjacent land to a level whereby the ability in context of
adjacent land to meaningfully protect or redeem capacity for primary industry or
resource related use is lost; and
iv.
do not result in loss of land with capability for primary industry and resource-related
use;
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v.
do not increase the level of likely interference or constrain for an existing or likely future
primary industry or resource-related use or for natural or cultural values management
on the site or on adjacent land.
Adequate setback or separation must be provided for sensitive use development from
land with potential for primary industry use, including agricultural land, to mitigate
likelihood for constraint and interference by sensitive use on sustainable use of the
natural resource by a primary industry purpose.
The acceptable solution is not less than –
a.
200m from any agricultural land;
b.
200m from aquaculture or controlled environment agriculture;
c.
500m from extractive industry or intensive animal husbandry;
d.
100m from land under a reserve management plan;
e.
100m from land designated for production forestry;
f.
50m from a boundary of the land to a Class 1 or Class 2 road or to a railway line; and
g.
clear of any restriction imposed by a utility; and
h.
vi.
not be on land within a proclaimed irrigation district under Part 9 Water
Management Act 1999 or land that may benefit from the
application of broad-scale irrigation development
are readily accessible by an existing road network, and do not impose immediate or
subsequent requirement for public provision or improvement of utilities, road transport
networks, or community services
Development Standards
Rural lands are a productive working environment. The niceties of amenity and landscape presentation do not
have priority in managing development.
Zone purpose implies development on rural lands –
i.
creates a dynamic, extensively cultivated, highly modified, and sparsely settled working landscape
with a. high priority for primary production use;
b. extended utility and transport corridors; and
c. service and support buildings and work areas of substantial size, utilitarian character, and
visual prominence that are sited and managed with priority for operational efficiency
ii.
is interspersed with –
a.
small-scale residential settlement nodes;
b.
places of significant natural landform; and
c.
pockets of remnant native vegetation
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iii.
iv.
has likelihood for normal practices of primary industry and resource related use to create a high
level of disturbance for a.
physical terrain;
b.
natural biodiversity and ecological systems;
c.
scenic attributes; and
d.
expectation for bucolic residential and visitor amenity;
involve sites of varying size –
a.
in accordance with the type, scale and intensity of primary production; and
b.
to minimise loss and constraint on use of land important for sustainable commercial
production based on naturally occurring resources; and
v.
is determined in occurrence, nature, character, scale, frequency, and intensity of primary industry
and resource related use by continual and incremental change in technology, economic, production,
and marketing systems
vi.
The Template standards are concerned to ensure a site is suitable for intended use and without
impact on priority purpose of land for primary industry and use dependent on a rural location.
In order to ensure flexibility and consideration of core zone purpose, standards are limited with
respect to global requirements for a minimum lot size.
Any minimum lot size is arbitrary. Land in the Cradle Coast Region can support a variety of
agricultural and other enterprises dependent on a rural location.
It is counterproductive to set a minimum site area that may exceed what is reasonably required to
accommodate and support the use.
The Template includes a provision that requires each permit application demonstrate the land is
suitable for intended use against other standards of the Scheme.
The only minimum land content requirement is for a habitable building to ensure sufficient area is
included for effluent disposal on site.
The following generic development standards apply.
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Appendix 8
Land for Infrastructure Purposes
Applicable State and Regional Strategy and Policy
The State Infrastructure Strategy 2010 requires land for infrastructure assets is to be identified in a planning
scheme for the purpose of protecting the efficiency operation, safety, and security of key energy, transport,
water, and communication sites, facilities and corridors.
The Strategy expects improved coordination between infrastructure and land use planning to ensure there is
adequate provision in existing and planned infrastructure available to meet requirements of use or
development.
The CCR LUS recognises the planned provision of infrastructure is critical for growth and development.
It requires planning schemes identify and make adequate provision to accommodate and protect utilities for
freight and people transport, water supply, drainage of sewage and stormwater, provision of electrical and gas
35
energy, and access to digital data and telecommunication systems .
The CCR LUS recognises the major providers of utilities are public entities with extensive reticulation or network
systems. However, it notes the emergence of support for sustainable and renewal utility sources, including
micro-generation and provision systems.
The CCRLUS requires planning schemes are to accommodate both forms of utility provision.
Planning Directive No 1 creates a Utilities zone to provide land for major utility installations and corridors; and
requires that minor utility installation, and the repair, maintenance and replacement of most utilities be exempt
from operation of a planning scheme.
Maintenance and repair of existing infrastructure and provision of small-scale distribution and local service level
utilities are exempt from operation of a planning scheme
Current Regulation
Cradle Coast planning schemes variously identify by zone or provision the site of major infrastructure.
Purpose of the provisions is to permit utilities.
Clause 28 - Utilities Zone
Purpose of the zone is to provide land for major utilities, installations and corridors
To provide for other compatible uses if they do not adversely impact on the utility
i.
It is not required to apply the Utilities zone to minor installations, to the distribution and drainage
networks, or to the local road network.
These facilities and networks can be absorbed into the enveloping zone as integral and subservient
elements of urban or rural development.
ii.
35
There is an interest by the State to protect State roads and railway routes and 110 kV and 220 kV
corridors by application the Utilities zone.
Part 3 Section 5
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While the proposition may enable identification of transmission routes on the planning scheme map,
there are practical and strategic difficulties –
a. Accurate definition of road, rail and transmission corridors on planning scheme maps is
problematic in that corridors do not always lie within separate cadastral boundaries or registered
easements.
The Cradle Coast interim planning schemes identify Category 1 and Category 2 roads under the
Tasmanian Road Hierarchy (DIER) and State railways.
b. Transmission corridors within urban and rural areas are accommodated on land in both public
and private ownership.
Such land may be lawfully used and developed for other purposes, including residential.
Application of the Utility zone may create split zoned lots and impose restriction on practical use
of a single site.
Application would require substantial areas be rezoned.
Simple translation of current schemes cannot accommodate all transmission corridor land.
Land typically contains transmission corridors and a primary land use within the same cadastral
boundaries.
Separate zoning would mean the land is subject to dual zoning if the effected transmission
portion were excised into the Utilities zone.
Current zoning of land outside urban settlement boundaries does not recognise presence of
transmission lines.
Introduction of a Utilities corridor over linear infrastructure such as transmission corridors will
severely intersect land units having common purpose, and create different land use control for
activity within the corridor, notwithstanding such activity occurs on the same site on either side
of the line.
c. Underlying strategic purpose for land is not neutralised by presence of a transmission corridor.
A utility entity is entitled under other regulation to inspect, maintain, repair and upgrade
facilities; and to limit development in proximity of the asset for safety reasons, including
habitable buildings, regardless of provision of a planning scheme.
The land within a transmission or transport corridor may otherwise be used in accordance with
the underlying strategic purpose allocated by a planning scheme.
A utility corridor will bisect tracts of contiguous land use and impose different strategic purpose
and use or development requirements.
d. It is not proposed that lower category State roads and local highways be identified within the
Utilities zone.
It is presumed the road casement will be both tangible and legally separate to development sites
adjoining. It is allowed that local highways are an integral part of an urban or rural use area and
do not require separate zone identity.
In the event a local highway forms a zone boundary, the boundary is to lie along the centre line
of the road.
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The State has clear, considerable and adequate statutory power to control use within a road or
rail corridor, and to manage the relationship between the road or rail area and the use or
development on adjacent land, including for the creation of vehicular access. These powers are
independent of the land use planning system.
The same can be said of the statutory powers available to the operators of electricity and gas
transmission networks, telecommunication, broadband data, and broadcast systems, and
stormwater drainage systems.
There is no practical benefit for the objectives of land use planning to separately identify major
linear infrastructure corridors within the Utilities zone.
e. The zone is to apply for land providing the runway, taxiways, aprons and associated terminal,
maintenance and repair facilities at airports
Permitted Use
Priority is to permit major utility use.
However, PD1 also recognises utility land may have capacity for other uses if there is no impact for operation or
security of the utility facility or for safety of other users.
The Cradle Coast interim planning schemes intend Utilities are a permitted use in all zones.
Minor utilities are assured a permit; and major utilities are assessed under the discretionary permit process.
It is therefore unnecessary for a planning scheme to identify every utility installation or facility in order to provide
permission for provision and security of utility assets.
It is not practical to intersect other zones to accommodate linear utility systems – for the reason it is disruptive to
the permissions afforded the primary purpose of land; and for difficulties in defining accurate cadastre
boundaries, including for road and rail corridors.
Airports are implied within the Utility use class. For consistency, planning schemes must take the same approach
to zoning airports.
Standards
Utilities occur as site specific or linear development with distinctive physical, visual and operational characteristics
that may be prominent, discordant, or otherwise incomparable with the purpose and objectives for adjacent land.
It is not the objective of the zone to manage utility use with a high level of regard to impact on adjoining land use.
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Appendix 9
Land for Conservation and Hazard Management Purposes
Applicable State and Regional Strategy and Policy
Conservation Management
The Tasmanian Resource Management and Planning System intend the sustainable use and development of land
and natural resources as a central purpose.
Consistent with this objective, the Commonwealth and the State have initiated regulatory management systems
for the protection and conservation of significant areas of the Region for genetic biodiversity and ecological
processes, landform, and cultural and scenic values.
Such locations are managed in accordance with statutory systems administered and enforced by agencies of the
State.
It is incumbent on a planning scheme to ensure State and Commonwealth sponsored arrangements for the
protection and conservation of places and areas of scientific and aesthetic interest and special cultural value are
recognised and respected.
The CCR LUS recognises a significant proportion of land within the Region is committed for protection of natural,
cultural and scenic values.
36
The CCR LUS requires that a planning scheme provide land for conservation purposes to satisfy a number of
specific policy outcomes for use, development, conservation and protection.
The CCRLUS recognises economic value of bio-resources for production, recreation, and tourism, and requires
37
that use and development dependent on access to such resources is not unreasonably constrained.
There is no independent comprehensive conservation management plan for private and non-protected lands in
each of the municipal districts of the Region.
Municipal strategy plans frequently contains aspiration statements recognising the relationship between
economic success, quality of life, and sense of place and the protection and conservation of natural systems and
processes. Such strategies do not provide specific actions with respect to identified land areas, and are
inadequate to initiate regulatory control.
There is limited corporate understanding and strategy for the specific importance of individual native vegetation
communities and of waterway and coastal corridors as habitat and migratory routes.
There is no regional or municipal level analysis of landform features and the significance of landscape.
Some current schemes contain tree preservation provisions to regulate clear of vegetation in specific locations.
Current Regulation
a.
36
37
Proclaimed conservation reserves are managed under regulation external to the land use planning
process, including through systems administered under the Nature Conservation Act 2000, Threatened
Species Act 2000, Crown Lands Act, Forest Practices Act 1985 and the Mineral Resources Development Act
1995.
CCRLUS Part 3 2.7
CCRLUS Part 3 2.7 (e)
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These are arrangements separate to the land use planning system and do not require duplication or
intervention through the provision of planning schemes.
b.
Most current planning schemes contain some level of concern to manage environmental outcomes.
There is some application of conservation or environmental management equivalent zones, including for
open space.
There is a reasonable level of intuitive and consequential protection for areas of landscape value
embedded in tree preservation requirements. However, there is no coordinated approach to landscape
management; and a limited foundation on which to apply a comprehensive set of rules.
Clause 29 - Environmental Management Zone
Purpose of the zone is to provide for protection, conservation and management of areas with significant
ecological, scientific, cultural or aesthetic value, or with significant likelihood of risk from a natural hazard
To only allow for complementary use or development where consistent with any strategies for protection and
management.
Conservation management
The PD1 zone is to be assigned if land has conservation or protection significance.
The zone can be applied for –
i.
Existing conservation areas, national parks and nature reserves, forestry reserves and Crown land
reserves.
Use or development must be in accordance with the applicable statutory management plan.
ii.
Land with high conservation value outside the conservation reserves system if justified by appropriate
evaluation to demonstrate significance from an ecological, scientific, cultural or aesthetic perspective.
Areas proposed for statutory management are to be included only if the process for proclamation has
determined a final decision.
Use or development would be restricted to activities consistent with protection of the identified values.
There are no identified areas within the Region justifying a high level of protection.
iii.
Use or development may include many of the uses permitted in the Rural Resource zone, including
residential.
The objective for control is to manage likely impact on the primary purpose to conserve or protect the
identified value, or to avoid areas of extreme risk from exposure to a natural hazard.
iv.
Not all land with conservation or risk values must be included in the Environmental Management zone.
The replacement planning scheme may contain provisions requiring conservation and protection be
addressed in assessment of a permit application, including in provisions for coastline and waterway
areas, and for clearing of vegetation.
vi.
An intention for protection of lesser significance habitat, ecological and scenic areas invites application
of the Open Space zone.
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Hazard Management
The zone objective can be satisfied through application of the Template Hazard Management Code or as
applicable, by subsequent incorporation of mandatory State Codes for each type of hazard management.
Application of the zone requires the value or hazard is at a level of significance that takes priority over other
land use purposes.
The risk level must be apparent and established by objective evaluation against an agreed methodology.
The area of risk must be of sufficient scale and intactness to allow practical application and ready definition of
a zone boundary.
Permitted Use
Permitted use is intended to support conservation and protection of significant natural and cultural resources.
Standards
Discretionary permit use must demonstrate a requirement to be located on land of high conservation value or
risk from natural hazard; and demonstrate a capacity to avoid, reduce or protect against risk of adverse
impact.
Development on environmental management land must i.
not have an adverse effect on ecological, scientific, cultural or aesthetic values;
ii.
be sparsely distributed;
iii.
visually integrate into the natural landscape;
iv.
make satisfactory and independent provision for access and utilities
The Environmental Management zone must apply to the coastal area for a distance of 200m seaward of the
land cadastre.
LUPAA Section 7 provides the jurisdiction of a planning scheme extends seaward of its municipal boundary to
include land below low water mark, any land created by an accretion of the sea (including reclamation), any
building or structure built in or over the sea and any area of the sea immediately adjoining its municipal district
in, on, over or under which there is a development related to or affecting the use of adjacent land.
The zone applies for coastal waters, intertidal and shoreline areas against likely adverse impact on natural
foreshore processes and ecosystems or on the cultural, social and economic significance and amenity of the
38
sea-shore.
In this respect the provision is in accordance with the State Coastal Policy 1996.
The provision has no purpose to manage use or development against hazards associated with coastal
processes, storms, or sea level rise.
38
‘sea-shore’ is the term used within s7 LUPAA
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Appendix 10
Land for Tourism Purposes
Applicable State and Regional Strategy and Policy
The State and local government promote a number of strategy and policy positions to support and expand the
range and capacity of tourism activities within Tasmania.
There are a number of Cradle Coast regional and local tourism strategies and policies with similar purpose and
more particular focus on local attractions and destinations.
The CCR LUS proposes tourism be recognised as an integral part of other land use activity, unless on a site or of a
scale or character requiring specific identification and management.
Existing conditions and strategies translate in land use planning terms to a requirement for tourism activities to
be subservient to primary purpose but an integral part of both urban and rural activity spaces.
It also suggests a requirement to assimilate short-stay accommodation, refreshment, and attractions as
permitted use in most locations.
The approach provides inherent flexibility to deliver and disperse tourism related activities across urban and
rural locations in accordance with broader strategic objectives for land use patterns.
39
The CCR LUS approach is consistent with the Part 5 of the National Tourism Planning Guide to ingrain tourism
as an activity with a land use dimension and incorporate opportunity for small-scale attraction and short-term
accommodation and leisure facilities into most regulatory land use designations.
The regulation of tourism use and development under a planning scheme requires adequate definition of use
classes to avoid confusion on whether short-term accommodation and leisure facility use is supported in a
particular zone; and to make certain the nature and character of a tourism purpose is distinguished from activity
orientated to service local need.
Cradle Coast interim planning schemes provide a separate use class for –
i.
“tourist operations” as a use of land specifically to attract tourist, other than accommodation
Tourist operations are distinguished as a use separately identifiable from elements of other use
for which there may be also be an attraction for tourists.
ii.
“visitor accommodation” as use of land for short or medium term accommodation for persons
away from their normal place of residence
The use class does not make specific provision for tourists against other forms of visitor
accommodation
Current Regulation
With the exception of the Kentish Planning Scheme, no current schemes make specific zone or regulatory
provision for tourist operations as a separate land use.
39
Commonwealth Department of Resources, Energy and Development October 2010
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Clause 30 - Major Tourism Zone
Purpose of the zone is to provide for major tourist sites, including those located outside activity centres
Application of the zone require candidate sites demonstrate a need and functional dependence on the attributes
and characteristics of a locality, a capacity for provision of appropriate infrastructure, and the likelihood that
inclusion in an alternate zone will impact on long-term stability of tourism use.
The Cradle Coast Region Template indicates tourism operations and visitor accommodation to be a permitted
use in most of the available PD1 zones for a replacement planning scheme.
There is no candidate major tourism site in the Region.
Cradle Coast interim planning schemes do not use the Major Tourism zone
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Appendix 11
Land for Sea Transport Purposes
Applicable State and Regional Strategy and Policy
40
State and regional transport infrastructure strategies recognise the Region’s ports as major import/export
marine transport facilities for freight and passenger movement of high importance to the economy and welfare
of Tasmania.
The CCR LUS notes transport infrastructure is essential to retain and drive economic growth and social inclusion
of the Region.
The CCR LUS requires land use decisions safeguard the operational efficiency, functional capacity, safety and
security of transport systems and networks for the movement of freight and people within the Cradle Coast
41
region.
Ports are identified as a specified element of the Region’s transport system.
PD1 reflects the policy position of the State Infrastructure Strategy and requires major port and marine facilities
are separately identified and allocated to a purpose specific zone under the provisions of a replacement planning
scheme.
PD1 provides a Port and Marine zone.
Current Regulation
Port areas are variously regulated under current planning schemes.
While there is some recognition of the port area as a particular activity space, there is also opportunity for a
range of non-port related use under provisions of some schemes.
PD1 creates need for a regulatory change in the provisions of planning schemes in which ports are located.
Assign the existing port areas to the Port and Marine zone is an expected and acceptable change.
Clause 31 - Port and Marine Zone
Purpose of the zone is to provide for port and marine activity related to shipping and other transport facilities
and supply and storage
Permitted Use
The Port and Marine zone is for a particular purpose and adopts a closed approach to permitted use.
The Use Table invites opportunity for use classes with a requirement to be located within port land, including.
40
41
i.
port and shipping;
ii.
retail sale of shipping and marine products and accessories;
iii.
business and professional services directly related to port and marine purposes;
Tasmania Infrastructure Strategy 2010 DIER; Cradle Coast Integrated Transport Strategy CCA and DIER 2006
CCRLUS Part 3 – 5.3, 5.4, 5.4.1 and 5.4.2
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iv.
training in shipping and marine ;
v.
vi.
boat building and repairs;
pleasure boat facilities;
vii.
transport and storage
Standards
Use Standards require a permit application be assessed against criteria intended to exclude elements of each use
class than have no reason to occur within a port or shipping area.
Development Standards recognised port areas –
i.
are high volume transport locations involving direct interaction between marine and land based
transport systems for movement of freight, marine resources and passengers;
ii.
operate extended hours and intermittent intensity around the clock;
iii.
have high visual prominence resulting from an abrupt and hardened land/sea interface, expansive
sealed aprons, ship, freight vehicle and rail handling installations, navigation beacons, large industrial
scale and form buildings and structures, gantries, towers and cranes, and transient external storage;
iv.
include activities likely to cause nuisance or inconvenience to the amenity of land external to the zone
by reason of the emission to air, land or water of light, noise, odour, particulates, radiation or vibration;
and
v.
manifest a concern for high levels of security and surveillance for immigration, quarantine, safety, and
cargo control
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Appendix 12
Land for a Particular Purpose
Applicable Strategy and Policy
The purpose of Cradle Coast interim planning schemes is to execute each individual strategic purpose through
assigning land to one of the zones for which there is a clear statement of purpose for intended use and
development.
It is anticipated there is sufficient scope within the available 22 zones to meet most land use purpose.
However, the State has accepted there may be unforeseen circumstance where the intended purpose for land
does not neatly fit to a specified predetermined purpose.
The Particular Purpose zone is for situations if the ability for a planning scheme to deliver land use strategy would
be compromised if restricted to use only the purpose defined zones.
The planning authority is required to describe the particular purpose and established the desired future outcome.
The zone must only be used if the strategic purpose for land is not addressed in one of the alternate zones
available for application in a planning scheme.
The Particular Purpose zone cannot be used to avoid compliance with an alternate zone purpose if that purpose is
appropriate to local strategy and conditions.
Current planning schemes
There is no current planning scheme employing a Particular Purpose zone or equivalent.
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Zone
Port and
Marine
Environmental
Management
Utilities
Rural Resource
General
Industry
Light Industrial
Commercial
Central
Business
General
Business
Local Business
Open Space
Recreation
Community
Purpose
Village
Mixed Urban
Rural Living
Low Density
Residential
General
Residential
Zone
Environmental
Living
Appendix 13 – Permitted Use Classes by Zone
Use Class
Use Class
Bulky goods
Bulky goods
Business and
professional
Business and
professional
Community
meeting and
entertainment
Community
meeting and
entertainment
Custodial facility
Custodial facility
Crematoria and
cemetery
Crematoria and
cemetery
Domestic animal
breeding,
boarding or
training
Educational and
occasional care
Domestic animal
breeding,
boarding or
training
Educational and
occasional care
Emergency
services
Emergency
services
Equipment and
machinery sales
and hire
Equipment and
machinery sales
and hire
Extractive
industry
Extractive
industry
Food services
Food services
General retail
and hire
General retail
and hire
Hospital services
Hospital services
Hotel industry
Hotel industry
Manufacturing
and processing
Manufacturing
and processing
Motor racing
facility
Motor racing
facility
Natural and
cultural values
management
Natural and
cultural values
management
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Service industry
Service industry
Sports and
recreation
Sports and
recreation
Storage
Storage
Tourism
operation
Tourism
operation
Transport depot
and distribution
Transport depot
and distribution
Utilities
Utilities
Vehicle fuel sales
and service
Vehicle fuel sales
and service
Vehicle parking
Vehicle parking
Visitor
accommodation
Visitor
accommodation
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Zone
Port and
Marine
Rural Living
Low Density
Residential
General
Residential
Zone
Environmental
Management
Resource
processing
Utilities
Resource
processing
Rural Resource
Resource
development
General Industry
Residential
Resource
development
Light Industrial
Residential
Commercial
Research and
development
Central Business
Research and
development
General Business
Recycling and
waste disposal
Local Business
Recycling and
waste disposal
Open Space
Port and
shipping
Recreation
Port and
shipping
Community
Purpose
Pleasure boat
facilities
Village
Pleasure boat
facilities
Mixed Urban
Passive
recreation
Environmental
Living
Passive
recreation
Appendix 14
Codes
Introduction
Planning Directive No 1 instructs regulation for a particular type of use or development that is not specific
to the purpose of a zone, and for a planning matter that cannot be described by zone boundaries, must
be contained in a Code provision.
The regional common local provisions template proposes 15 separate Codes to address issues that are
not specific to a zone.
The Template Codes are –
E1
E2
E3
E4
E5
E6
E7
E8
E9
E10
Bushfire Prone Areas Code
Airport Impact Management Code
Clearing and Conversion of Native Vegetation Code
Change in Ground Level Code
Local Heritage Code
Hazard Management Code
Sign Code
Telecommunication Infrastructure Code
Traffic Generating Use and Parking Code
Water and Waterways Code
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E1– Bush Fire Prone Areas Code
The Code is mandatory for all municipal districts.
The Minister for Planning has approved Planning Directive No 5 – Bushfire Prone Areas Code.
The Minister has deemed bushfire hazard management to be an issue of significance for the whole of
Tasmania.
The Minister has seen it appropriate to introduce mandatory regulation to ensure a consistent and
adequate approach to defining bushfire prone areas and for managing use or development on land
exposed to risk from a bushfire hazard.
The motivation behind such declaration is that appropriate control over the location and nature of use
or development can assist to reduce both the likely level of individual risk for human life and property
and of the response and recovery cost to the community from bushfire events.
Purpose of the Code is entirely consistent with the general objectives for land use planning in Tasmania
that require planning processes provide a “safe working, living and recreation environment”.
Purpose of the Code is to define consistent requirements for the whole of Tasmania for use or
development of land prone to risk from bushfire.
The Code is a mandatory planning provision and must be included without modification in all interim
planning schemes.
The Bushfire Prone Areas Code addresses a specific natural hazard, and contains mandatory
requirements to be included in all new Tasmanian planning schemes.
The Code intends considerable improvement in the way land use planning is to address natural hazards.
It requires that the level of likely risk for each use or development must be identified and assessed
against prescribed criteria to ensure bushfire hazard can be managed to a tolerable level of risk.
In the event the level of risk is not tolerable, the use or development on land in a bushfire prone area
must be refused.
The Code replaces a somewhat ad hoc and inconsistent regulatory environment in which individual
planning schemes each contain different levels of assessment and solutions for bushfire hazard
management.
Purpose of the Code is to ensure use and development of land is appropriately designed, located,
serviced, and constructed to reduce risk to human life and property and the cost to the community
caused by bushfires.
The Code introduces requirements of a kind that are not currently contained in most current planning
schemes.
The Bushfire Prone Areas Code requires a more stringent and professional level of assessment and
response through provisions that will be the same in every municipal planning scheme.
The Code defines a “bushfire prone area” to be any land shown on a map forming part of a planning
scheme to be prone to bushfire, and any land that is within 100m of an area of bushfire prone
vegetation equal to or greater than 1 hectare.
There is no investigation or data available at this time for the Burnie municipal district to enable
preparation of a bushfire prone area map.
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“Bush fire prone vegetation” is defined to include any contiguous vegetation comprising trees, scrub, or
grass, but excluding maintained lawns, parks and gardens, nature strips, plant nurseries, golf courses,
vineyards, orchards or vegetation on land used for horticultural purposes. The definition effectively
embraces both native and exotic species and includes pasture grasses.
Bushfire prone areas are not restricted by the Code to remote heavily vegetated locations. It appears
that many areas within the urban boundaries of settlements may qualify as bushfire prone and subject
suburban residential and other development to requirements of the Code.
The Code applies for all development, including subdivision and all habitable buildings, and for any
activity on bushfire prone land that is a vulnerable or hazardous use on land located within a bushfire
prone area.
i.
Vulnerable use is defined to include residential and other uses in which there is a permanent
population or that may include a population vulnerable by reason of age, health, or
unfamiliarity to risk from a bushfire event, such as educational establishments, hospitals and
visitor accommodation.
ii.
Hazardous use is any activity involving materials or process that if exposed to fire may be
hazardous to human life, property or the environment, and includes hospitals, manufacturing,
research, storage, transport, utility, and fuel facilities.
The Code requires adequate arrangements must be made within a plan of subdivision and on individual
use or development sites for –
i.
management of exposure to bush fire through provision of hazard management areas to
separate bushfire prone vegetation from habitable buildings and within which fuel load is
reduced to minimise exposure to spread and intensity of fire;
ii.
provision of a safe and multiple road network for occupants and emergency vehicles to both
evacuate and defend property and access water supply points under bushfire conditions;
iii.
provision of an adequate, accessible and reliable water supply for fire fighting purposes, either
from a reticulated supply or from a dedicated source;
iv.
location and construction of habitable buildings to create a sufficient separation from bushfire
prone vegetation or standard of construction to reduce risk from direct flame, heat radiation,
and ember attack and with an appropriate protected area from which to defend the building;
and
v.
provision of private access from each habitable building to the road network for occupants
and emergency services, and with sufficient capacity within the site for fire fighting vehicles to
reach all parts of the building and the fire fighting water supply
The Code contains acceptable solution assessment criteria for compliance to the outcomes required for
bushfire hazard reduction.
In short, the acceptable solutions require that the Tasmanian Fire Service or a person accredited under
the Land Use Planning and Approvals Act 1993 (LUPAA) certify the proposed arrangements for location
and construction of buildings, layout and construction of lots, roads and site access, provision of a
water supply, and for vegetation hazard management are consistent with the intended outcomes for
the Code.
A planning authority is to accept a certificate from the TFS or an accredited person and must grant a
permit if the certificate concludes an acceptable level of risk exists or can be achieved through
implementation and maintenance of a hazard management plan. LUPAA provides that the planning
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authority is exempt from any liability arising for any permit granted in accordance with a certificate
issued under the Bushfire Prone Areas Code.
Alternatively, some (but not all) required outcomes may be addressed through performance criteria.
The planning authority must satisfy itself that the arrangements proposed against performance criteria
can deliver a level of risk that is at least equivalent to that achieved through compliance to the
acceptable solution. In this regard it would be prudent for a planning authority to seek expert advice on
adequacy of any arrangement proposed in a permit application that has not been certified by the TFS or
an accredited person.
There will be a need for a proponent to obtain expert advice before making a permit application, and to
include and maintain within the use or development site specific arrangements for hazard reduction
and protection against bushfire.
Sites in high risk locations may be excluded from future use or development. Additionally, the cost of
undertaking development in bushfire prone areas may increase through need for initial investigation
and for compliance to bushfire management recommendations.
The Bushfire prone Area Code is included in all Cradle Coast interim planning schemes.
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E2 - Airport Impact Management Code
The Code is mandatory for all municipal districts containing a regular passenger transport airport.
Applicable State and Regional Strategy and Policy
The LUPAA objectives for land use planning require safe and pleasant places in which to live, work, and
visit; and protection for the efficiency of public infrastructure, including by implication, transport
systems.
The Tasmanian Infrastructure Strategy seeks to ensure capacity for all forms of freight and passenger
transport is protected and enhanced.
The CCR LUS identifies regular passenger and freight air transport is vital to connectivity of the Region
to other locations within Tasmania and to the mainland.
The State is a participant in the National Airports Safeguarding Advisory Group through COAG
commitments to harmonise standards for planning regulation.
The National Airports Safeguarding Framework aims to provide nationally consistent standards to –
i.
improve community amenity by minimising aircraft noise-sensitive developments near
airports; and
ii.
for ensuring safety outcomes for airport operations are recognised in planning decisions.
The Code has been prepared with particular reference to the draft National Airports Safeguarding
Framework prepared by the National Airports Safeguarding Advisory Group; and to the Queensland
State Planning Policy 1/02 and the associated Guideline – Development in the Vicinity of Certain
Airports and Aviation Facilities.
Purpose of the Code is to assist capacity, safety, and security of aviation operations and facilities at an
airport; and to minimise likely impact of aviation operations on human health, safety and amenity.
Standards
The Code applies for land adjacent to an airport that is –
a.
42
beneath or within operational airspace ;
Use or development likely to penetrate operational airspace or to interfere with aircraft
operations or aviation facilities may include –
a.
any building or any structure that intrudes vertically into operational airspace;
b.
emission of any plume or airborne particulate with a velocity exceeding 4.3m/second ;
c.
aviation activities such as parachuting or hot air ballooning;
d.
a propensity to attract wildlife, particularly birds or bats from primary production,
resource processing, or creation of habitat;
42
The delineation of operational airspace is an outcome of the nature of aviation operations, and may be subject to
periodic review. It is therefore inappropriate to define operational airspace on a planning scheme map without potential
risk to effective management of aviation operations and aircraft requirements; and need to amend the scheme to maintain
relevance.
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e.
generation and emission of airborne particulates, including ash, smoke and dust, that
may impair the visual conditions or operation of aircraft systems in the vicinity of the
airport;
f.
telecommunication, broadcast or other radiating equipment that may electromagnetic
interference;
g.
surfaces of buildings or other structures that may deflect or obstruct signals from
communication and navigation facilities;
h.
any significant external lighting , including street lighting or highly reflective surfaces
that could –
i.
distract or temporary interfere with a pilots visibility while in control of an
approaching or departing aircraft; or
ii.
confuse pilots through similarities with approach or runway lighting;
43
i.
within the 20 Airport Noise Exposure Forecast (ANEF) contour ;
j.
within the airport public safety area if established by a airport operator
The applicable airport entity may establish a public safety area under the airport
management plan. The clause does not apply if there is no declared public safety area
for the airport or airports within a municipal district.
k.
within or beneath an aviation facility’s sensitive area
A permit is required for use or development if this Code applies
Buildings, structures and activities must no penetrate the obstacle limitation surface
Use or development must not interfere with aviation facilities, including communication, navigation and
landing systems
Use is restricted and design standards for buildings apply within noise exposure footprint
Use or development is restricted on land beyond the end of each runway
Current planning schemes
Planning schemes applying for land within the operational area of airports contain provisions to
regulate use or development.
The Code is applied in the Cradle Coast interim planning schemes for Circular Head, Devonport, King
Island and Latrobe
43
As with operational airspace, revision of ANEF contours outside the planning process means delineation on a planning
scheme map carries risk the planning requirement will be loose alignment with purpose of the Code provision.
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E3 - Clearing and Conversion of Vegetation Code
The Code is mandatory for all municipal districts.
Applicable State and Regional Strategy and Policy
The objectives for the planning process require outcomes that conserve places of scientific or aesthetic
value, and that provide safe places in which to live, work or visit.
The State has declared through the Nature Conservation Act 2002 and the Threatened Species
Protection Act 1995 that some vegetation communities have particular value for ecological process and
biodiversity conservation.
The objective is to identify and protect vegetation communities and maintain comprehensive,
adequate, and representative areas of native forest and non-forest vegetation
The Forest Practices Regulation 2007 prescribes that a Forest Practices Plan is not required under the
Forest Practices Act 1985 for the harvesting or clearing and conversion of a native vegetation
community on any land for which a permit has been granted under LUPAA for mineral exploration or
extraction, or for construction of a building and associated development.
The Regulation creates need for a planning scheme to address harvesting or clearing of native
vegetation if a permit is required.
The regulatory requirements of a planning scheme must achieve a similar outcome to that which would
apply in the event a Forest Practices Plan is required.
Native vegetation cover may constitute a significant landscape feature with a settlement area or a rural
landscape.
Landscape value may be assessed as providing important community benefit and justify regulatory
control to avoid or minimise loss of intact vegetation cover.
Intact vegetation cover assists to maintain stability of slopes and minimise sediment load in stormwater
runoff.
Planning process objectives for reducing exposure to risk from natural hazard, and for water quality
management, make it appropriate to regulate clearing of vegetation on land susceptible to landslide.
Purpose of the Code is to –
i.
assist protection and conservation of native vegetation communities that contain ecosystem
diversity and habitat value
ii.
assist protection of vegetation cover that contributes to landscape and scenic value
iii.
assist stability of land susceptible to landslide
Standards
A permit is required for harvesting of trees and clearing and conversion of native vegetation on land –
i.
containing a threatened native vegetation community identified in the Nature Conservation
Act 2002or providing habitat for a threatened species identified by the Threatened Species
Protection Act 1995;
ii.
within an area identified on the planning scheme maps as importance for landscape value;
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iii.
within an area identified by the Hazard Code to be susceptible to landslide; and
iv.
within 30m of a watercourse or wetland and including land forming the channel of a water
course or the inundated area of a wetland
A permit is required if the Code applies for any use or development for i.
a plan of subdivision of land;
ii.
construction of a building or a group of buildings;
iii.
installation of water, sewerage, gas, electrical, telecommunication, and other utilities;
iv.
layout and construction of roads, footpaths and cycle paths providing access;
v.
facilities to enable the use of the building or group of buildings, including internal access and
car parking
A permit for land clearing is discretionary unless there is a low level of risk for harm to the threatened
vegetation community or the habitat value of vegetation, for scenic or landscape value, or for activation
of landslide
Current planning schemes
Most schemes contain some form of provision regulating clearing of vegetation.
However, the purpose and requirements of such provisions are inconsistent.
i.
It is necessary by reason of the Forest Practices Regulation 2007 to include control for the
clearing of native vegetation
Candidate vegetation communities are identified on maps provided by the State
ii.
It is appropriate to retain current provisions for tree preservation or scenic protection in
respect of the land area regulated under the current planning scheme.
However, unless there is a municipal scenic or resource management strategy establishing
areas of significant vegetation cover, the extent of the current provision must not be enlarged.
iii.
It is appropriate to apply control for tree clearing on land identified through the Hazard
Management Code as susceptible to landslide
The Code is included in all Cradle Coast interim planning schemes.
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E4 – Change in Ground Level
Applicable State and Regional Strategy and Policy
LUPAA defines development to include works involving any change to the natural or existing condition
or topography of land.
Change in the existing or natural condition or topography of land can occur by excavation or by fill to
either reduce or increase the finished surface level of land.
Cut and fill may be required to prepare land for development, including for provision of a level or
construction area for buildings and roads, for the installation and protection of both underground and
aerial utilities, and for hazard management.
Cut and fill can have a range of significant impacts, including for the appearance and performance of
natural landforms and ecological systems if drainage lines, water bodies and ground water conditions
are altered.
Cut and fill may have implications for the safety and amenity of a development site and land adjacent,
including for stability of slopes and existing buildings or structures, surface and ground water drainage,
protection and security of utility assets, suitability of adjacent land for development, erosion and
mobilisation of sediment and contaminants, and in visual and cultural attributes.
Clause 6.1.5(e) in Cradle Coast interim planning schemes exempts minor development for construction
and demolition of minor outbuildings and structures.
The exemption is subject to several qualifications, including that the development does not involve a
change of level as a result or cut or fill by more than 1.0m.
The standard at which need for a permit arises is determined by the exemption threshold in cl 6.1.5(e).
Further, if cl 6.1.5(e) applies only for minor structures the exemption implies an intention to manage
cut and fill for structures that exceed the threshold of scale and intensity for the exemption.
Unless the planning scheme provides otherwise, any construction or demolition of a building that is not
a minor structure or that is a minor structure and involves a change in level by cut or fill of more than
1.0m, is potentially prohibited unless there is a corresponding provision to establish how the scheme is
to treat such development.
It is necessary therefore to include a provision in replacement planning schemes to deal with cut and fill
for non-minor buildings and for non-minor works if there is a change in level by cut or fill of more than
1.0m.
Topography of the Cradle Coast Region requires a high proportion of building and site preparation is
likely to involve excavation or fill to more than 1.0m. The Cradle Coast interim planning schemes must
include a provision to address the situation.
The regulatory outcome is to impose a permit requirement on all buildings or structures that exceed
the threshold, notwithstanding it may inhibit operation of other provisions, including the intention that
residential use be generally without need for a permit.
The situation has been rectified by a Planning Purpose Notice to resolve the apparent conflict with PD4.
The Code seeks to manage impact of cut and fill on sites for development other than agriculture
dependent on the soil as a growth medium and extractive industry.
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A change in ground level requires a permit unless the prescribed exemptions apply.
A change in ground level by more than 1.0m requires a permit and must demonstrate the level of
excavation or fill required by the proposed development is without impact on stormwater flow, water
quality, stability of land and any impact on existing or likely future building or structure, or risk for
operation and security of utility assets.
Cut or fill must not occur within a natural or constructed drainage channel or over underground
utilities, and must not result in slope batters of more than 25% or require a retaining wall of more than
1.0m high.
Satisfactory arrangements must be made to control movement of sediment and contaminants from a
site.
Current planning schemes
Most current schemes contain indirect control or are silent on development involving change in natural
or existing ground level
The Code is included in all Cradle Coast interim planning schemes
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E5 - Local Heritage Code
The Code is optional.
Applicable State and Regional Strategy and Policy
Protection of State Heritage Significance
Regulatory management of heritage significance for Tasmania is addressed through the Historic Cultural
Heritage Act 1995.
The Act provides a specific jurisdiction to manage protection and conservation of buildings, places and
areas of historic and cultural significance to Tasmania if –
i.
a place is entered on the Tasmanian Heritage Register
ii.
a place is within a heritage area declared by the Minister; or
iii.
a place is subject of a heritage agreement
The Act establishes the Tasmanian Heritage Council, and requires the Heritage Council keep a
Tasmanian Heritage Register of buildings, areas, and places that satisfy one or more of the prescribed
criteria for recognition and protection of historic cultural heritage significance.
Criteria prescribed in s16 are comprehensive and appear to have potential to capture buildings, areas,
and places for a wide range of historic, cultural and heritage reasons in any location, and at a variety of
scales of interest if of significance to Tasmania.
Protection and conservation of registered places is to be controlled through the processes prescribed
by the Act.
Such processes follow natural justice principles and require an intention to register be supported by
sound reasons and be communicated to the landowner and the community for consideration and
comment before registration is made.
Work on a registered building, place, or area generally requires approval from Heritage Tasmania. The
mechanism for obtaining approval is similar to and linked in part to the discretionary land use planning
permit process. However, protection under the Act is not a function of the planning scheme.
A decision to approve works that may destroy or reduce the historic cultural heritage of a registered
place may only be approved if there is no prudent and feasible alternative to carrying out the works.
Protection under the Act does not exist if a building, place or area is not included on the Register.
The Historic Cultural Heritage Act 1995 does not require management of historic cultural heritage
default to another regulatory mechanism if a place fails to be registered or does not qualify for inclusion
on the Tasmanian Heritage Register.
The Act does not define “local heritage significance”.
The Historic Cultural Heritage Act 1995 does not provide a power to require a planning scheme must
regulate to protect and conserve places of local heritage significance.
Such jurisdiction is independent and different from purpose of the LUPAA.
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To the extent that the Historic Cultural Heritage Act 1995 intends and delivers a mechanism for
protection and conservation of places of historic or cultural significance to Tasmania it is inappropriate
for a planning scheme to replicate, embellish, or modify the conservation measures prescribed.
The Cradle Coast interim planning schemes do not list or seek to protect buildings, places or areas on
the Tasmanian Heritage Register.
Conservation of heritage through provisions of a planning scheme
Section 20(1) LUPAA requires that a planning scheme must seek to further the objectives set out in
Schedule 1.
Part 2 of Schedule 1 states inter alia that it is an objective of the planning processes identified under
LUPAA to (g) “conserve those buildings, areas or other places which are of scientific, architectural, or historic
interest or otherwise of special cultural value”.
A planning scheme must contain a mechanism for furthering objective (g).
LUPAA Schedule 1 Part 2(a) requires planning processes must be undertaken in accordance with sound
strategic planning.
The objective requires that any requirement in a planning scheme for conservation of a building, place
or area must supported by a compelling and objective reason.
Section 20(2) enables a planning scheme may include provisions to regulate or prohibit the use or
development of any land.
Schedule 1 (g) establishes that it is appropriate that provisions may be included to “conserve those
buildings, areas or other places which are of scientific, architectural, or historic interest or otherwise of
special cultural value”.
The Tasmanian Planning Commission holds a the position that it is mandatory for a planning scheme to
include a Local Heritage Code, regardless of whether the Code identifies a building, place or area for
conservation.
A planning scheme may take two approaches to satisfying the objective (g) obligation –
i.
Include generic provisions that enable intervention to conserve identified buildings, places and
areas that may qualify for conservation
The advantage of this approach is that it assembles a list of buildings, places, and areas with
potential for conservation without need for detailed assessment and prescription of individual
conservation outcomes.
However, it requires a case by case assessment in the context of a permit application to
determine whether such building or place require conservation.
The provision is uncertain on whether and what is required in order to achieve conservation.
This is the approach employed by most current planning schemes.
ii.
Identify each building, place or area that qualifies for conservation and prescribe the required
conservation outcomes in specific, measurable and achievable terms.
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The approach is consistent with principles of procedural fairness to provide certainty for what
is intended and for knowing when compliance is achieved.
The approach requires that the purpose for regulatory control is established with certainty and
completeness in advance of the rule applying. There must be articulated and objective
research and analysis to establish interest or special cultural value.
A building, place or area must not be included on a Local Heritage Code because it is assumed
to have local heritage value or because it may not be adequately protected under an alternate
system.
The approach is consistent with the LUPAA objective for sound strategic planning.
The Cradle Coast Region template planning scheme applies the latter for the reason that it
provides certainty.
The Cradle Coast Region template planning scheme Local Heritage Code intends conservation of
identifies buildings, places or areas of demonstrated local architectural or historic interest or otherwise
of special cultural value; and to provide incentive for adaptive re-use.
The Code applies for identified buildings, places or areas, and for adjoining sites.
The Code is to indicate for each building, area or place –
i.
the attributes and features that render it of local architectural or historic interest or otherwise
of special cultural value; and
ii.
the conservation outcomes and criteria for compliance, including for such matters as site
coverage, building height, frontage and boundary setbacks, alterations and additions, site
treatment, fencing, architectural detail, building fabric, and external finishes.
Assessment of a permit application for demolition, subdivision or alteration and addition to
any listed building, place or area is made by reference to the statements of significance and
conservation outcome.
The statutory requirements on an interim planning scheme to translate and not change the provisions
in a planning scheme create constraint on how the provisions for heritage conservation are to be
applied in the Cradle Coast interim planning schemes.
In particular, the Cradle Coast interim planning schemes cannot introduce additional buildings, places
or areas because to do so would alter the nature of control applying for use or development of land.
Notwithstanding the constraint imposed by the interim planning scheme process, it is worth examining
the capacity for expanding the list of identified buildings, places or areas to which the Local Heritage
Code could apply.
It is not appropriate that Cradle Coast interim planning schemes populate the Local Heritage Code with
additional identified places until –
i.
the local heritage significance for each candidate building, place or area has been
comprehensively established through application of a standard heritage conservation
methodology; and
ii.
the heritage significance and conservation outcomes for each identified building, place
or area have been established
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LUPAA does not establish criteria for establishing whether there is architectural or historic interest or
special cultural value.
The criteria included in s16 Historic Cultural Heritage Act 1995 have a very specific and demanding
purpose for establishing historic or cultural significance to Tasmania. Such purpose is not analogous
with objective (g).
There is no statutory or practical threshold for transition from State to local significance. There are two
separate and independent jurisdictions, each with a particular and different purpose. Only the Historic
Cultural Heritage Act 1995 process has been provided with distinct statutory criteria for determining
regulatory intervention.
The criteria for assessing heritage significance in s16 Historic Cultural Heritage Act 1995 are not
transferable to assessment under LUPAA, and must not be used for determining the buildings, areas or
other places to be conserved under a planning scheme.
It is not the purpose of the Local Heritage Code to regulate urban amenity through preference for
previous periods or styles of building and construction; or to retain buildings, places, and areas to
satisfy a particular perspective on nostalgia.
Standards
A Cradle Coast interim planning scheme must provide a full and adequate identification for all sites,
buildings, and other elements subject of the heritage protection control.
The reasons for architectural or historic interest or special cultural value should be disclosed.
The outcomes and requirements for conservation should be clearly established, agreed, and
incorporated into the Code for each listed building, place or area.
The reason and requirements for heritage regulation must be disclosed in advance of a building, place
or area of local heritage significance being included on the Table to the Code.
The proposition is consistent with the objectives for the planning processes under LUPAA requiring
knowledge must underpin regulation.
It is also consistent with the statutory processes for full disclosure and debate on the purpose, scope,
and inclusion of planning regulation available to the community for comment in advance of formalizing
a rule. The most valid process for initial disclosure of local significance and for identification of
conservation outcome is the process for making or amending a planning scheme. The information on
which such decisions are based must therefore be prepared in a consistent and impartial manner in
accordance with adequate knowledge, experience, and methodology.
While the above approach is valid for new planning schemes, an interim planning scheme can only
include buildings, areas or places on the Local Heritage Code if there is an equivalent provision in the
current planning scheme.
While heritage conservation assists to maintain the fabric of local historical and cultural significance, it
may also imposes considerable constraint on reuse and redevelopment of land, buildings, and works.
As with all planning requirements, control must be directed toward community benefit. Protecting,
conserving, restoring, and maintaining older buildings and works often come at a disproportionate cost.
It must be reasonable to require and achieve conservation.
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In this regard the Local Heritage Code includes a provision that a building, place, or work must be
capable of adaptive reuse. As an incentive, it proposes heritage conservation provide an exemption
against many of the common standards for use or development that would otherwise apply for the
site.
Current planning schemes
Several current planning schemes contain heritage protection provisions requiring a permit for use or
development of an identified building, work, object or site.
Such provisions are generally inadequate for identifying the reason a building, place or area is included
for conservation and for establishing the intended conservation outcome.
Lists have been prepared from a number of the existing registers and lists prevailing prior to
introduction of the Tasmanian Historic Cultural Heritage Act 1995. The rational and methodology for
compilation of such lists is uncertain, and frequently without the rigour expected for defending
introduction of planning scheme provisions against LUPAA objective (g).
Many listed buildings and sites may now be included on the Tasmanian Heritage Register, and are not
included in an interim planning scheme.
The balance may not qualify for architectural or historic interest or special cultural value.
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E6 - Hazard Management Code
The Code is mandatory for all municipal districts containing a natural hazard or a likely environmental
harm for which the planning authority ought to reasonably have knowledge.
Applicable State and Regional Strategy and Policy
There is a statutory obligation within the objectives in LUPAA for the land use planning process to
provide safe and healthy places to live, work, and visit.
The obligation extends to include management of land use or development in areas exposed to risk
from natural hazards such as bushfire, flooding, coastal inundation and erosion, or landslide.
It is incumbent upon a replacement planning scheme to intervene and regulate to manage any natural
hazard management for which it ought reasonably to have knowledge.
The Department of Premier and Cabinet has recently (2012) introduced hazard management principles
for government in Tasmania.
The Principles for the Consideration of Natural Hazards in the Planning System 2012 have been
endorsed by the Cabinet to inform regulatory intervention for management of risk from exposure to
natural hazard, and provide a rationale for the practical action of public agencies to protect against and
respond to emergency situations arising from natural hazard events.
The Principles are –
i.
Private risks associated with natural hazards are the responsibility of individuals and business;
ii.
Governments should encourage public and private risks to be factored into investment
decisions;
iii.
Governments can support individuals to understand and manage private risks through
collection of evidence, provision of information, and facilitation of collective action;
iv.
Governments should ensure that private investment minimises unacceptable public risk;
v.
Governments should avoid investment, regulation, zoning, or policy that gives rise to
unacceptable public or private risks; and
vi.
Government should have regard to and support individuals or business to consider how risk
may change in the future, including through climate change.
No one principle should be read in isolation to imply a particular action or consequence.
It is intended the State and its agencies (including local government) be responsible for identification of
areas of potential natural hazard and for establishing a level of acceptable community risk relative to
the purpose and nature of activity intended within the hazard area.
DPAC has prepared The Guide to the Consideration of Natural Hazards in the Planning System 2012 to
establish the rationale and tools for implementing the Principles.
The Guidelines intend a transparent process for translating technical evidence and policies on natural
hazards into strategic land use decisions and regulatory control.
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It is proposed that land use planning provide a level of regulatory control over use or development that
may be vulnerable if exposed to risk or that may be hazardous if located in in areas where the risk is
assessed to be above a reasonable level of tolerance.
A risk is at an acceptable level if a hazard is absent or occurs with such a low frequency as to make it an
unreasonable consideration.
Standard building controls and emergency management responses are adequate to address any
residual risk.
A risk is unacceptable if it occurs with a sufficient level of frequency or magnitude to become a concern
to the community; or if characteristics and understanding of a locality indicate a reasonable expectation
that a hazard may be present.
Unacceptable risk is classified across a range of low, medium or high in accordance with likelihood of
occurrence and severity of impact from a hazard event.
Concern also exists for establishing credentials required by persons undertaking hazard assessment and
certification.
The CCR LUS contains key policy outcomes to ensure the places where people are to live, work, and visit
are without unacceptable risk to health and life, and to property and infrastructure assets.
Consistent with LUPAA and the DPAC Principles there is an obligation on the planning process to protect
community interests in use or development that is vulnerable to a hazard event, including for –
i.
Facilities that provide for production, use, handling, storage or disposal of dangerous goods or
hazardous substances that if released as a consequence of a natural hazard event may have
impact on the health and safety of people and the environment, including hospital services,
manufacturing and processing, research and development, storage, transport depot and
distribution, utilities, and vehicle fuel sales and service;
ii.
Facilities that accommodates people with special evacuation needs or requirements, including
a custodial facility, educational and occasional care, hospital services, residential, and visitor
accommodation; and
iii.
Facilities that sustain essential aspects of health and safety or that may be called upon to effect
evacuation, rescue, and recovery tasks in a natural hazard event.
Sound policy and regulation requires good information and analysis.
One of the primary restrains on viable hazard management is the absence of complete and adequate
data on which to establish the likely existence of a hazard, including the likelihood it may occur, and the
significance of any consequence for human life and integrity of property and infrastructure assets.
The preparation of the Cradle Coast interim planning schemes has identified considerable difficulty for
accurately defining risk areas, the trigger conditions at which risk will occur, acceptable or tolerable
levels of risk, and the assessment standards to avoid or minimise risk.
There is limited contemporary and comprehensive hazard mapping within the Cradle Coast Region.
The following natural and environmental hazards are relevant for the Cradle Coast Region –
Contamination
There is an instruction within the National Environment Protection (Assessment of Site
Contamination) Measure 1999 requiring a planning authority must have regard to all knowledge it
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ought reasonable to have on the history of a site and ensure the land is suitable for the intended use
having regard to likely contamination.
A NEPM has status as State Policy in accordance with the State Policies and Projects Act 1993.
A planning scheme must be made in accordance with State Policy.
The NEPM requires the likely impact of land previously used for a potentially contaminating activity
on new use or development must be examined before the site is redeveloped and re-used. The site
must be assessed as satisfactory or undergo a process for contamination management that will
render it suitable for the intended re-use.
The State proposes a Planning Directive to introduce a State-wide Code to provide mandatory
common provisions for how the planning permit process under a planning scheme is to manage use
or development of sites that have previously been used for a potentially contaminating activity.
The Code seeks to satisfy the obligation created by compliance to National Environment Protection
(Assessment of Site Contamination) Measure 1999.
Bush Fire
The State has introduced a mandatory planning scheme provision for use or development of land in
any area prone to risk from bush fire.
Planning Directive No 5 contains a mandatory Bush Fire Prone Areas Code.
The Code is to be included as a separate provision as Code E1.
Flooding
Flooding is the temporary inundation of land by water that has overtopped the banks of a
watercourse or water body to flow over or collect on land that is not normally part of a natural
drainage channel or reservoir, or that results from runoff that is unable to discharge into a
watercourse, water body or drainage system.
The frequency, intensity, and duration of flooding from streams and water bodies of the Cradle Coast
Region have not been accurately established in accordance with a common methodology.
There are localised studies for individual streams or sections of a stream.
DPAC are currently acquiring all known flood records and analysis for purposes of preparing a State
flood prone land map as part of its work to inform natural hazard management.
Some current planning schemes contain a generic requirement for consideration in determination of a
permit application on whether any part of the land for a use or development is subject to inundation
by flooding. However, schemes do not identify land prone to flooding hazard on a planning scheme
maps or by reference to a particular flood study.
Current schemes do not contain specific criteria for assessing likely level of risk from flooding, and do
not provide standards for establishing a reasonable standard of protection.
Coastal Inundation and Erosion
Scientific data on coastal erosion and inundation continues to improve.
DPAC is preparing hazard maps for –
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i.
Coastal inundation by storm tide and sea level risk to 2100.
Inundation is assessed for both permanent and temporary impact.
Coastal inundation occurs if seawater overflows and floods land as a result of a change in sea
level.
Inundation may be temporary due to tidal, storm or wave influence, or permanent as a result
of sea level rise from climate change.
The level and extent of inundation may increase over time with combination of permanent
sea level rise and temporary increase in sea level due to intensity of tidal, storm or wave
events.
ii.
Erosion and recession of coastal shorelines resulting from storm tides and sea level risk to
2100.
Erosion is the result of a single dramatic event. Damage may recover under natural
processes.
Recession is an incremental and permanent loss in the position of the shoreline.
Coastal erosion and regression occurs as a consequence of energy from the sea being
expended on the shoreline.
Soft geological formations such as unconsolidated sand and mud are more vulnerable to
erosion than shorelines of hard rock.
The government is proposing a State-wide regulatory response to climate change sea level rise, storm
flooding and coastal erosion to be introduced as a Planning Directive. When complete, the standard
will become a mandatory provision for all planning schemes applying for land within the coastal zone.
Current planning schemes within the Region each take a different and generally inconsistent approach
for consideration of risk from coastal inundation. Some are silent while others reference a datum
below which use or development becomes discretionary. Only one scheme contains assessment
standards for risk of coastal inundation.
It is necessary that replacement planning schemes take a common approach to risk associated with
coastal inundation and erosion.
The current state of investigation and analysis does not allow Cradle Coast interim planning schemes
include specific provisions to manage hazards from coastal inundation or erosion and regression.
Landslide
Landslide is a source of potential harm resulting from the down slope movement of a mass of rock,
debris or earth.
44
Mineral Resources Tasmania (2010) has mapped land susceptible to landslide within northwest
landforms within and immediately adjoining settlement areas. The documents provide an evidence
based assessment for the susceptibility of land to risk of landslide.
44
Tasmanian Landslide Map Series and Tasmanian Landslide Map Series User Guide and Technical Methodology
Mazengarb and Stevenson 2010
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However, coverage is limited to major urban centres and is not available for all land within the rural
areas.
DPAC, in conjunction with MRT, has applied the landslide susceptibility research and released a policy
and control position described in the Landslide Planning Report 2012.
The Report collates landslide analysis to identify and map landslide hazard in a form that can be
directly applied to inform public policy and land use planning decisions at both strategic and
regulatory level.
The Landslide Planning Report 2012 divides landslide risk into four (4) bands or levels, and establishes
land use planning objectives for each band.
The landslide hazard bands are shown on the Landslide Hazard Map available on the Land Information
System Tasmania (LIST/land Use and Administration/Planning/DPAC Landslide)
The four bands are –

Acceptable in which the risk of landslide is rare to almost incredible based on current
understanding, and for which there is no requirement for particular hazard management
control on use or development;

Low in which the risk of landslide is possible to likely, and for which precautionary control is
required on use or development. Specialist site investigation and design may be required for
vulnerable or hazardous activity, and for activity that is critical to disaster response and
recovery.

Medium in which the risk of landslide is known. Zoning for new use or development should be
avoided. Control applies for all use or development to limit disturbance of sites within and
adjacent to unstable areas, and to ensure risk is tolerable. Specialist site investigation and
design is required for all use or development, and critical activity is prohibited.

High in which the risk of landslide is frequent or severe as in declared Landslip A under Mineral
Resources Development Act 1995. Use or development is prohibited unless there compelling
need. Specialist site investigation and design is mandatory for all use or development. A
45
decision to permit use or development is not made under a planning scheme .
The DPAC landslide hazard maps and Landslide Planning Report 2012 provide the best available
technical reference for regulatory control.
Each current scheme requires consideration of risk from landslide. However, the approach is far from
consistent in terms of landslide information referenced and the methodologies required for
assessment and response.
Current schemes do not assure a level of assessment or conclusion consistent with the contemporary
approach to landslide hazard management described by DPAC.
Hazard management provisions for landslide risk are introduce into Cradle Coast interim planning
schemes –
i.
minor use and development, including residential use, on low level risk land is not subject to
need for hazard assessment unless for hazardous, vulnerable or critical use;
45
Controls are contained in the Building act 2000 and its regulations which are administered by Workplace Standards
Tasmania.
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ii.
use is permitted if a hazard assessment indicates there is an insufficient increase in the level of
risk to warrant any specific hazard reduction or protection measure;
iii.
other than for hazardous, vulnerable or critical use and for residential use on land with a
medium level of risk, a permit must grant if a hazard risk assessment indicates a tolerable level
of risk can be achieved and maintained for the type, form and duration of the use
iv.
a permit is discretionary for hazardous, vulnerable or critical use if a cost-benefit analysis in
economic, environmental, and social terms indicates significant benefits to the community and
there is no alternate site and a hazard risk assessment indicates a tolerable level of risk can be
achieved and maintained for the type, form and duration of the use; and
A permit is discretionary for residential use on land with a medium or higher level of risk if a
hazard risk assessment indicates a tolerable level of risk can be achieved and maintained for
the type, form and duration of the development
Cradle Coast Interim Planning Schemes
It is appropriate that replacement planning schemes take a common approach to natural and
environmental hazard management.
The level of State policy and prescription for hazard management is embryonic.
Although there is a stated intention by the State to introduce common regulatory position there is no
finalised regulatory requirement for intervention by a planning scheme for a natural hazard other than
bushfire.
However, it is not consistent with the objectives in LUPAA for replacement planning schemes to remain
silent on natural and environmental hazard management pending introduction of State prescribed
regulation.
The Cradle Coast Region Template Planning Scheme proposes a Hazard Management Code
Purpose of the Code is as a transitional provision pending declaration by the State of common
provisions for each hazard type.
The Code applies the principles described in DPAC’s Principles for the Consideration of Natural Hazards
in the Planning System 2012 and the regulatory rationale discussed in The Guide to the Consideration of
Natural Hazards in the Planning System 2012 to establish whether the likely risk from exposure to a
natural or environmental hazard is tolerable for the type, scale, and intensity of each use or
development.
Particular emphasis is given protection against risk for use or development that is vulnerable or
hazardous if exposed to a natural hazard event, and use or development that provides critical
infrastructure and emergency response and recovery capability.
The Code requires for each hazard type that an application for a permit for use or development must –
i.
Establish whether the site is exposed to risk from a natural or environmental hazard;
ii.
if the site is exposed to a hazard, provide a specialist investigation report to establish whether
there is a sufficient likely increase in the level of risk to warrant specified hazard reduction or
protection measures to achieve an acceptable level of risk; or
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iii.
if the site is exposed to a high level of risk from the hazard, whether there is an overriding
importance for the use or development to locate on the site, and reasonable measures can be
applied to minimise the impact of the hazard
The Code does not seek to manage individually hazard type such as landslide or flooding. Rather, it
provides a generic hazard management tool to address the situation where a local planning scheme
may identify land is exposed to likely risk from a natural hazard of a specified type.
Application of the Code can be displaced as the various State codes become operational.
The Code may be viewed as imposing a more onerous requirement on land use or development; and
increasing the range of land on which restrictions apply.
However, hazard management and avoidance of environmental harm are matters of high priority in
the planning process objectives under LUPAA. State initiatives will result in regulatory outcomes that
are more rigorous and imposing than provisions in current planning schemes.
The Template Code approach avoids need to be prescriptive with respect to the particular criteria
required for managing each hazard type. This is done in the awareness there is science, policy, and
regulation being developed at State level and that the Region has no desire or capacity to duplicate
such work or to initiate and defend independent provisions through the process for making a planning
scheme.
It is recognised the Template approach does not provide the precision desirable for certainty in
regulatory management of hazards. However, it is seen as an improvement on the many and varied
criteria and methods currently applied or absent in planning schemes across the Region.
The Code offers an interim method for acknowledging and assessing risk to people, property,
infrastructure assets, and the environment from exposure to a hazard.
In so doing it can consistently discharge the duty of care implied for the planning process to protect
the health and safety of the community.
Current Planning Schemes
There is evidence that sections of the Cradle Coast Region are subject to risk resulting from exposure to
natural hazards and the legacy of previous use or development on land.
Most current planning schemes contain some reference to hazard management. However, the
approach is incomplete and inconsistent.
In general, current Cradle Coast planning schemes are relatively under-provided with requirements for
natural hazard management and avoidance of likely environmental harm.
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E7 – Sign Code
The Code is mandatory for all municipal districts
A sign is defined to be “a device that is intended to give information, advertise or attract attention to a
place, product, service or event”.
Signs are recognised by the BIPS as necessary for the function, safety and convenience of a community,
and for the effective identification of a place, business, product, service, or event. However,
inappropriate placement, size, quality and number of signs can impact on the appearance, amenity, and
functionality of a place.
Signage is identified by LUPAA to be an element of development.
Dimension, placement, and quantity of signs can impact on the appearance of a place and is a factor in
determining amenity.
Restriction on signs may impact on safety, function, and convenience of a place, and on the capacity for
local business and the community to effectively communication information and market a place,
product, service or event.
Purpose of the Sign Code is to i.
recognise signs are a legitimate and necessary element of development in rural, urban, and
conservation settings for a. providing advice, direction, and information to the travelling public;
b. protecting health and safety of people;
c. identifying the name, nature, purpose, or occupation of a building, area or place; and
d. reasonable promotion of an activity, brand, event, idea, product or service; and
ii.
Manage the likely impact of a sign on a. function of regulatory, navigation, safety, and directional signs;
b. character of rural, urban and conservation settings; and
c. convenience and safety of people and property
A wide range of necessary and unobtrusive signs are exempt, including –
i.
regulatory and directional signs; and
ii.
small-scale business identification and promotional signs related to occupation of a site or
conduct of an occasional event
A permit is required for larger-scale signs
The number, size, and placement of permitted signs is restricted in residential, rural, open space and
conservation areas
Current planning schemes
Most planning schemes regulate signs.
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Most schemes exempt regulatory and directional signs, and some small-sized identification signs.
Many schemes regulate by physical types rather than purpose or location of a sign. Some schemes
contain elaborate descriptive provisions for establishing sign type, and include detailed prescriptions for
placement, dimensions and content
There is considerable variation in the categories of sign type.
The Signage Code establishes permissibility by reference to purpose, location, size and number of
signs on a site rather that by physical description of sign type.
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E8 – Telecommunication Code
The Code is mandatory for all municipal districts.
Mobile telecommunication and digital data networks have increasing importance for economic and
social activity within Australia, including in the Cradle Coast Region.
Improved capacity and access to digital data and telecommunication systems is a central outcome for
the both the Tasmanian State Economic Development Plan and the Tasmanian Infrastructure Strategy;
and is recognised within the CCR LUS.
Efficient delivery of mobile data and telecommunication services requires timely provision of
infrastructure in suitable locations.
Telecommunication and digital data infrastructure has potential to impact on human health. It is
appropriate that a planning scheme establish deemed-to-satisfy standards that provide assurance of
safety in accordance with contemporary research and expert opinion. However, it is not the function of
a planning scheme to establish criteria for assessing likely risk from individual installations.
More particular to the function of a planning scheme is to minimise likelihood for telecommunication
infrastructure to intrude on urban streetscape and rural landscape value. While it is unavoidable that
such infrastructure will have visual presence, there are appropriate and achievable practices to reduce
impact.
The Code contains the same provisions as the current Telecommunication Code inserted by instruction
of the State into current planning schemes in November 2001.
The Code has been translated into the format required by PD1.
Purpose of the Code is to –
i.
facilitate equitable provision and access to high-speed broadband and telecommunication
networks as services essential for the prosperity, security and welfare of the community;
ii.
require proposals for the installation of telecommunication and digital facilities form part of a
local or regional network plan for all carriers to enable consideration of proposals on a broader
and potentially regional basis;
iii.
encourage shared use and co-location of facilities to minimise the number of towers and
antenna within the municipal district;
iv.
minimise likely adverse impact of communication system on community health and safety; and
v.
minimise adverse visual impact of towers and antenna in urban, rural, and conservation
settings
Code provisions apply to –
i.
promote shared use of facilities and towers
ii.
have regard to health and safety impacts
iii.
address visual amenity through location, height, and treatment of towers
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E9 – Traffic Generating Use and Parking Code
The Code is mandatory for all municipal districts
Applicable State and Regional Strategy and Policy
There is a strong reliance within Cradle Coast Region on motor vehicles for the movement of freight and
people.
All use and development of land therefore has likelihood to generate traffic movement between the
carriageway of a road and frontage of the site.
The objectives for LUPAA require a planning scheme protect public infrastructure for benefit of the
community. It is appropriate that land use planning be assured the capacity of the local road network
and arrangements for access to a site are adequate to accommodate projected type and volume of
traffic and be without adverse impact on the operability or safety of a road.
It is also appropriate that land use planning require that the use of land make adequate provision to
store and manage the vehicles that are attracted to a site, including in facilities for parking and loading.
Purpose of the Traffic Generating Use and Parking Code is to –
i.
protect the operational efficiency and safety of roads;
ii.
protect public investment in road assets;
iii.
require arrangements for –
a.
circulation of vehicles;
b.
loading and unloading of freight and people;
c.
parking to service vehicles having business on the site;
iv.
specify design standards for circulation, loading and unloading, and parking areas within a
site; and
v.
accommodate Local Area Parking Schemes
Standards
The Code requires there is reasonable access between a site and a road. The standard is for the
relevant road manager to indicate the proposed access arrangements are agreeable for safety and
operation of a road in accordance with the applicable legislation. It is not intended that a planning
authority undertake an independent assessment and determine that access is satisfactory.
The Code requires arrangements for onsite vehicle parking and establishes minimum parking provision
for each use class. The provision is based on standards recommended by the NSW Roads and Transport
Authority. These standards provide an element of credibility not otherwise available for current
standards in most Tasmanian planning schemes.
The parking provision may be varied if it is necessary and reasonable in the circumstances of an
individual use or development.
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The Code includes requirements for on-site loading and unloading facilities. Again, the standards are
derived from the NSW RTA research.
The Code requires design vehicle parking and loading areas in accordance with Australian/New Zealand
Standards Association AS/NZS 2890
Current planning schemes
Current planning schemes each contain an obligation to consider traffic access and parking
arrangements in assessment of a permit application.
Schemes variously provide for i.
minimum car parking provision for a range of use types;
ii.
discretion to vary or waive a parking requirement;
iii.
application of AS 2890 as the design standard;
iv.
access between a site and a road (including for sight distances)
There is strong alignment in purpose and outcome between current scheme provisions and those
contained in the Template common Traffic Generating Use and Parking Code
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E10
Water and Waterways Code
The Code is mandatory for all municipal districts
Applicable Strategy and Policy
The land immediately adjacent and under a stream, lake, or wetland; or a seashore area may have
particular environmental, economic and social value.
It is important that use or development on land in the proximity of a watercourse, wetland, and water
body or seashore area be assessed and managed to minimise likelihood for adverse impact.
Purpose of the Code is to assist protection and conservation of a water body, watercourse, or wetland,
or a seashore area in terms of –
i.
ecosystem diversity and habitat value for viability of native and commercial flora and fauna;
ii.
hydraulic capacity for water quality, yield, water table retention, flood flow, and waste
assimilation;
iii.
economic and utility importance to settlement, industrial, irrigation and energy generation
purposes;
iv.
landscape aesthetics and recreational use
The Code has potential application for management of land use outcomes in water catchment and
catchment buffer areas associated with water storage reservoirs administered under the Water and
Sewerage Industries Act 2008. However, the relevant entity, formerly Cradle Mountain Water, has not
specified catchment and catchment buffer areas in accordance with its powers under the Act.
Standards
LUPAA defines “land” to include land covered by water and water covering land.
Zones and planning scheme controls may therefore apply over a water body, water course, inter-tidal
shoreline or wetland.
There are particular considerations applying for use or development within a water body, water course,
or wetland that do not otherwise apply for land elsewhere within a zone.
The Code applies for use or development on land covered by water, on water over land, or on land
within 30m of the shoreline of a water body, water course or wetland or of the shoreline of an ocean,
estuary or tidal waters, including the intertidal and immediate off-shore area.
The Code applies for land in the coastal zone
Use and development must have minimum impact on –
i.
ecological, economic, recreational, cultural significance, water quality, and physical
characteristics;
ii.
hydraulic capacity and quality for ecological viability, water supply, flood mitigation, and
filtration of pollutants, nutrients and sediments;
iii.
function and capacity for recreation activity; and
Toward Consistency – A Guide to the Interim Planning Schemes of the Cradle Coast Region (October 2013)
Page | 161
iv.
aesthetic feature in the landscape
Current planning schemes
Current planning schemes variously manage use or development within or adjoining a water body, water
course or wetland.
Some require a permit for use or development within any riverside or wetland.
Current planning schemes do not make consistent provision to clearly address use or development on
land covered by water, on water over land, or on land adjacent to a water body, water course, or
wetland.
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Toward Consistency – A Guide to the Interim Planning Schemes of the Cradle Coast Region (October 2013)
Page | 163
Appendix 15 - CRADLE COAST INTERIM PLANNING SCHEMES- Acceptable Solution in Applicable Use and Development Standards by Zone and Code
Zone
Standard
Discretionary Use
Impact of Use
General
Residential
Low
Density
Residential
Rural
Living
Environmental
Living
Urban Mixed Use
Village
Community
Purpose
Recreation
Open Space


Use not in a
dwelling

Use not in a
dwelling

Use not in a
dwelling





N/A
N/A
N/A
N/A
Use not in a
dwelling
 <= 2 adjoining
Site;
 No access
from
a no-through
road
 Hours of
operation
6.00 am –
9.00 pm
Suitability of a
site or subdivision
lot
Minimum Site
Area
Minimum
Building Area
Frontage to road
or access strip
Water Supply
 <= 2 adjoining
Site;
 No access
from
a no-through
road
 Hours of
operation
6.00 am – 9.00
pm
 <= 2 adjoining
Site;
 No access
from
a no-through
road
 Hours of
operation
6.00 am – 9.00
pm
 <= 2 adjoining
Site;
 No access
from
a no-through
road
 Hours of
operation
6.00 am – 9.00
pm
Use not in a
dwelling
 <= 2 adjoining
Site;
 No access
from
a no-through
road
 Hours of
operation
6.00 am –
9.00 pm
330m2
550m2
1.0ha
1.0ha
330m2
550m2
330m2
1,000m2
1,000m2
10.0m x 15.0m
10.0m x 15.0m
1,000m2
1,000m2
10.0m x 15.0m
10.0m x 15.0m
10.0m x 15.0m
N/A
300m2
6.0m
6.0m
10.0m
10.0m
10.0m
Reticulated
System/
Rechargeable
supply if single
dwelling or
equivalent
Reticulated
System/
Rechargeable
supply if single
dwelling or
equivalent
Reticulated
System/
Rechargeable
supply if single
dwelling or
equivalent
Reticulated
System/
Rechargeable
supply if single
dwelling or
equivalent
Reticulated
System/
Rechargeable
supply if single
dwelling or
equivalent
 3.6m single
dwelling
 6.0m multiple
dwelling/nonhousing
Reticulated
System
 3.6m single
dwelling
 6.0m
multiple
dwelling/non
-housing
Reticulated
System/
Rechargeable
supply46 if single
dwelling or
equivalent
 3.6m single
dwelling
 6.0m multiple
dwelling/nonhousing
Reticulated
System
 3.6m single
dwelling
 6.0m
multiple
dwelling/non
-housing
Reticulated
System/
Rechargeable
supply if single
dwelling or
equivalent
46
Rechargeable drinking water system may include rain water collection, a bore, a spring, a stream, or a water body such a s freshwater dam or lake with an appropriate level of reliability, quality, and quantity to
service the single dwelling use or development
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Sewage
Disposal
Reticulated
System
Reticulated
System/On-site
disposal if single
dwelling or
equivalent
Reticulated
System/On-site
disposal if single
dwelling or
equivalent
Reticulated
System/On-site
disposal if single
dwelling or
equivalent
Reticulated
System
Reticulated
System/On-site
disposal if single
dwelling or
equivalent
Reticulated
System/On-site
disposal if single
dwelling or
equivalent
Reticulated
System/On-site
disposal if single
dwelling or
equivalent
Reticulated
System/On-site
disposal if single
dwelling or
equivalent
Stormwater
Disposal
Reticulated
system
Reticulated
system/On-site
disposal if site
>5,000m2
Reticulated
system/On-site
disposal if site
>5,000m2
Reticulated
system/On-site
disposal if site
>5,000m2
Reticulated
system
Reticulated
system/On-site
disposal if site
>5,000m2
Reticulated
system/On-site
disposal if site
>5,000m2
Reticulated
system/On-site
disposal if site
>5,000m2
Reticulated
system/On-site
disposal if site
>5,000m2
Building area
solar
orientation
Dwelling
Density
Frontage
Setback
30o from east
20o from west
30o from east
20o from west
n/a
n/a
30o from east
20o from west
30o from east
20o from west
n/a
n/a
n/a
> 330m2
< 830m2
> 4.5m primary;
>3.0 secondary; or
match existing
> 550m2
> 1.0ha
> 1.0ha
> 500m2
N/A
N/A
N/A
> 4.5m primary;
>3.0 secondary; or
match existing
>4.5m; or
match existing
< 50%
> 4.0m
< 50%
> 4.0m
> 4.5m primary ;
or
match existing
>3.0 secondary
<50%
> 4.0m
>4.5m; or
match existing
< 50%
> 4.0m
n/a
N/A
n/a
N/A
<20%
N/A
Side
Setback
>1.5; but <9.0m
wall onto side
boundary
>1.5; but <9.0m
wall onto side
boundary
>1.5; but <9.0m
wall onto side
boundary
>1.5; but <9.0m
wall onto side
boundary
N/A
N/A
N/A
Prism < 8.5m high
@ > 1.5m side
and > 4.0m rear
setback
Prism < 8.5m high
@ > 1.5m side
and > 4.0m rear
setback
> 50.0m Class
1/Class 2 road;
>20.0m
other
roads
< 500m2
>10.0m; or
>20.0m from
building envelope
on adjacent site
>10.0m; or
>20.0m from
building envelope
on adjacent site
<8.5m building
height
>4.5m ; or
match existing
Site Coverage
Rear
Setback
> 50.0m Class
1/Class 2 road;
>20.0m
other
roads
< 500m2
>10.0m; or
>20.0m from
building envelope
on adjacent site
>10.0m; or
>20.0m from
building envelope
on adjacent site
<8.5m building
height
> 330m2
< 830m2
> 4.5m primary;
>3.0 secondary; or
match existing
Prism < 8.5m high
@ > 1.5m side
and > 4.0m rear
setback
Prism < 8.5m high
@ > 1.5m side
and > 4.0m rear
setback
10.0m
15.0m
10.0m
> 12.0m setback
> 6.0m width
> 12.0m setback
> 6.0m width
n/a
n/a
> 12.0m setback
> 6.0m width
> 12.0m setback
> 6.0m width
N/A
N/A
N/A
N/A
N/A
>.15.0m below
ridgeline;
>30.0m from
shoreline or water
course
>.15.0m below
ridgeline;
>30.0m from
shoreline or water
course
N/A
N/A
N/A
N/A
>.15.0m below
ridgeline;
>30.0m from
shoreline or water
course
Building Height
Frontage setback
and width –
garage and
carport
Location of
Buildings
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Privacy – external
balconies, decks,
roof gardens,
parking spaces
and carports
If > 1.0 above
ground level >3.0m side and
>4.0m rear
setback; or
1.8m screen
>3.0 side setback;
or
>1.5m offset; or
>1.7m sill height;
or
>6.0m between
windows
If > 1.0 above
ground level >3.0m side and
>4.0m rear
setback; or
1.8m screen
>3.0 side setback;
or
>1.5m offset; or
>1.7m sill height;
or
>6.0m between
windows
n/a
n/a
n/a
n/a
Frontage fence
<1.2m if solid; or
<1.8m if 50%
transparency
<1.2m if solid; or
<1.8m if 50%
transparency
n/a
External activity
area
Behind primary
building frontage
Behind primary
building frontage
Private Open
Space
>20m2/dwelling
ground level; or
>20.m2
balcony/dwelling
Communal
Access
Setback from
zone boundary
Privacy –
opposing
windows
If > 1.0 above
ground level >3.0m side and
>4.0m rear
setback; or
1.8m screen
>3.0 side setback;
or
>1.5m offset; or
>1.7m sill height;
or
>6.0m between
windows
If > 1.0 above
ground level >3.0m side and
>4.0m rear
setback; or
1.8m screen
>3.0 side setback;
or
>1.5m offset; or
>1.7m sill height;
or
>6.0m between
windows
If > 1.0 above
ground level >3.0m side and
>4.0m rear
setback; or
1.8m screen
>3.0 side setback;
or
>1.5m offset; or
>1.7m sill height;
or
>6.0m between
windows
N/A
N/A
N/A
N/A
n/a
<1.2m if solid; or
<1.8m if 50%
transparency
<1.2m if solid; or
<1.8m if 50%
transparency
N/A
N/A
N/A
Behind primary
building frontage
Behind primary
building frontage
Behind primary
building frontage
Behind primary
building frontage
Behind primary
building frontage
Behind primary
building frontage
Behind primary
building frontage
>20m2/dwelling
ground level; or
>20.m2
balcony/dwelling
>50m2/dwelling
ground level
>50m2/dwelling
ground level
>20m2/dwelling
ground level; or
>20.m2
balcony/dwelling
>20m2/dwelling
ground level; or
>20.m2
balcony/dwelling
N/A
N/A
N/A
>1.5m horizontal
and vertical
separation from a
window in a
dwelling
>1.5m horizontal
and vertical
separation from a
window in a
dwelling
>1.5m horizontal
and vertical
separation from a
window in a
dwelling
>1.5m horizontal
and vertical
separation from a
window in a
dwelling
>1.5m horizontal
and vertical
separation from a
window in a
dwelling
>1.5m horizontal
and vertical
separation from a
window in a
dwelling
N/A
N/A
N/A
Dwelling >4.0m
from business/
industry
>50.0m rural
resource
Dwelling >4.0m
from business/
industry
>50.0m rural
resource
Dwelling >10.0m
from business/
industry
>50.0m rural
resource
Dwelling >10.0m
from business/
industry
>50.0m rural
resource
Dwelling >4.0m
from business/
industry
>50.0m rural
resource
Dwelling >4.0m
from business/
industry
>50.0m rural
resource
>4.0m urban
residential
>10.0 rural/
environmental
residential
>4.0m urban
residential
>10.0 rural/
environmental
residential
>4.0m urban
residential
>10.0 rural/
environmental
residential
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Subdivision
Reticulation of
electricity
If residential or
public purpose lot
If residential or
public purpose lot
If residential or
public purpose lot
If residential or
public purpose lot
If residential or
public purpose lot
If residential or
public purpose lot
For permitted or
public purpose
For permitted or
public purpose
For permitted or
public purpose
Not an internal lot
Not an internal lot
Not an internal lot
Not an internal lot
Not an internal lot
N/A
N/A
N/A
Underground
Underground
Underground
Not an internal
lot
Underground
Underground
Underground
N/A
N/A
N/A
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Local
Business
General
Business
Central
Business
Commercial
Light
Industry
General
Industry
Rural Resource
Utilities
Standard
Environmental
Management
Port
And
Marine
Discretionary
Use










N/A
N/A
N/A
Zone
Impact of Use
Toward Consistency – A Guide to the Interim Planning Schemes of the Cradle Coast Region (October 2013)
 agriculture
dependent
on soil as
growth
medium
 extractive
industry not
on prime
agricultural
land
 alterations/a
dditions/reno
vation to
existing lawful
use
 alterations/a
dditions/reno
vation to
existing lawful
dwelling,
ancillary
dwelling or
outbuilding
<100m2 or
home based
business
 not
hazardous
use
 setback from
land with
potential for
rural
resource
activity
Page | 168
 if in
accordance
with a
statutory
conservation
reserve
 alterations/a
dditions/ren
ovation
to existing
lawful
dwelling,
ancillary
dwelling or
outbuilding
<100m2 or
home based
business
Suitability of a
site or
subdivision lot or
a site
Minimum Site
Area
>45m2
>45m2
>45m2
1,000m2
500m2
1,000m2
1.0ha
N/A
1.0ha
1,000m2
Minimum
Building Area
45m2
45m2
45m2
500m2
250m2
500m2
2,000m2 or 20%
site area
whichever is the
greater
N/A
2,000m2 or 20%
site area
whichever is the
greater
N/A
Frontage to road
or access strip
>3.6m
>3.6m
>3.6m
10.0m
10.0m
20.0m
>6.0m
>6.0
>6.0m
20.0m
Water Supply
Reticulated
System
Reticulated
System
Reticulated
System
Reticulated
System
Reticulated
System
Reticulated
System
Reticulated
System/
Rechargeable
supply if single
dwelling or
equivalent
Reticulated
System/
Rechargeable
supply if single
dwelling or
equivalent
Reticulated
System/
Rechargeable
supply if single
dwelling or
equivalent
Reticulated
System/
Rechargeable
supply if single
dwelling or
equivalent
Sewage
Reticulated
System
Reticulated
System
Reticulated
System
Reticulated
System
Reticulated
System
Reticulated
System
Stormwater
Disposal
Reticulated
system
Reticulated
system
Reticulated
system
Reticulated
system
Reticulated
system
Reticulated
system
Reticulated
System/On-site
disposal if single
dwelling or
equivalent
Reticulated
system/On-site
disposal if site
>5,000m2
Reticulated
System/On-site
disposal if single
dwelling or
equivalent
Reticulated
system/On-site
disposal if site
>5,000m2
Reticulated
System/On-site
disposal if single
dwelling or
equivalent
Reticulated
system/On-site
disposal if site
>5,000m2
Reticulated
System/On-site
disposal if single
dwelling or
equivalent
Reticulated
system/On-site
disposal if site
>5,000m2
Frontage
N/A
N/A
N/A
N/A
>20.0m from
Class 1/Class 2
road
>20.0m from
Class 1/Class 2
road
>20.0m from
Class 1/Class 2
road
10.0 other road
>20.0m
>20.0m
N/A
Rear Setback
N/A
N/A
N/A
N/A
N/A
N/A
>10.0m
>10.0m
>10.0m
N/A
Side Setback
N/A
N/A
N/A
N/A
N/A
N/A
>10.0m
>10.0m
>10.0m
N/A
Disposal
Setback
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Building Height
10.0m
10.0m
25.0m
10.0m
10.0m
10.0m
<8.5m
<10.0m
<8.5m
N/A
Location of
N/A
N/A
N/A
N/A
N/A
N/A
If > 1.0 above
ground level >3.0m side and
>4.0m rear
setback; or
1.8m screen
If > 1.0 above
ground level >3.0m side and
>4.0m rear
setback; or
1.8m screen
If > 1.0 above
ground level >3.0m side and
>4.0m rear
setback; or
1.8m screen
N/A
N/A
N/A
>.15.0m below
ridgeline;
>30.0m from
shoreline or
water course
N/A
>.15.0m below
ridgeline;
>30.0m from
shoreline or
water course
N/A
N/A
Privacy –
external
balconies, decks,
roof gardens,
parking spaces
and carports
>.15.0m below
ridgeline;
>30.0m from
shoreline or
water course
N/A
Privacy –
opposing
windows
>3.0 side
setback; or
>1.5m offset; or
>1.7m sill
height; or
>6.0m between
windows
Behind primary
building
frontage
>3.0 side
setback; or
>1.5m offset; or
>1.7m sill
height; or
>6.0m between
windows
Behind primary
building
frontage
>3.0 side
setback; or
>1.5m offset; or
>1.7m sill
height; or
>6.0m between
windows
Behind primary
building
frontage
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Behind primary
building
frontage
N/A
N/A
N/A
Behind primary
building
frontage
N/A
N/A
>20m2/dwelling
ground level; or
>20m2/dwelling
ground level; or
>20m2/dwelling
ground level; or
N/A
N/A
N/A
N/A
N/A
N/A
>10.m2
balcony/dwellin
g
>10.m2
balcony/dwellin
g
>10.m2
balcony/dwellin
g
>1.5m
horizontal and
vertical
separation from
a window in a
dwelling
>4.0m urban
residential
>10.0rural/
environmental
residential
1.5m horizontal
and vertical
separation from
a window in a
dwelling
>1.5m
horizontal and
vertical
separation from
a window in a
dwelling
>4.0m urban
residential
>10.0rural/
environmental
residential
N/A
N/A
N/A
N/A
N/A
N/A
N/A
>4.0m urban
residential
>10.0rural/
environmental
residential
>4.0m urban
residential
>10.0rural/
environmental
residential
>4.0m urban
residential
>10.0rural/
environmental
residential
N/A
N/A
N/A
N/A
Buildings
External activity
area
Private Open
Space
Communal
Access
Setback from
zone boundary
>4.0m urban
residential
>10.0rural/
environmental
residential
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N/A
Subdivision
Reticulation of
electricity
For permitted
or public
purpose
Underground
For permitted
or public
purpose
Underground
For permitted
or public
purpose
Underground
For permitted
or public
purpose
N/A
For permitted
or public
purpose
N/A
Toward Consistency – A Guide to the Interim Planning Schemes of the Cradle Coast Region (October 2013)
For permitted
or public
purpose
N/A
For permitted
or public
purpose
N/A
Page | 171
For permitted
or public
purpose
N/A
For permitted
or public
purpose
N/A
For permitted
or public
purpose
N/A
Code
Application
If within a bush fire prone area
E1 - Bush Fire Prone Areas
Vulnerable or hazardous use if overriding community benefit and no alternate site
TFS accredited bushfire hazard management plan
Subdivision, new habitable buildings, alterations and additions to existing habitable buildings
TFS accredited certification –
 insufficient increase in risk; or
 bushfire hazard management plan; or
 safe access and egress; and
 adequate and accessible fire fighting water supply
E2 – Airport Management Code
If within 20 ANEF or operational airspace
E3 – Change in Natural Ground Level
Cut or fill –
 <1.0m
 <200m2
 >1.5m from boundary
 Not susceptible to landslide
 Not in drainage line
 Not in an easement or utility
 <25%batter
 Retaining wall <1.0m
E4 - Clearing or Conversion of Vegetation




E5 – Local Heritage
In accordance with prescribed conservation outcomes if building, area of other place is identified for
conservation
Toward Consistency – A Guide to the Interim Planning Schemes of the Cradle Coast Region (October 2013)
Not threatened vegetation community of threatened species habitat
Previously cleared land
Not scenic area
Not susceptible to landslide
Page | 172
E6 – Hazard Management Code
Use of Potentially
Contaminated
Land






Use on Land exposed to a Natural Hazard
 site in area of acceptable level of risk; or
 hazard risk assessment indicates insufficient increase in level of risk to warrant specific hazard
reduction measures if vulnerable, critical or hazardous use
Development on land exposed to a natural hazard
 site in area of acceptable level of risk; or
 minor development; or
 hazard risk assessment indicates insufficient increase in level of risk to warrant specific hazard
reduction measures if vulnerable, critical or hazardous use
E8 - Telecommunication
 Capacity/priority for collocation
 Locate to minimise visual impact
 Maximum tower height = 60m x rural; 45m x industry and infrastructure; 40m x business; 20m x
residential
 Boundary setback = 60m residential, 30m other zones
 Avoid sites in residential zones
 Tower appearance
 No danger to aircraft or other traffic
E9– Traffic Generation and Parking
 Access in accordance with relevant road regulation
 Provision for parking in accordance with use type
 Provision for loading/unloading in accordance with use type
 Parking/loading areas designed to AS/NZS 2890
E10 – Water And Waterways
 Not with 30m of water or shoreline
 No over, on, in or under water
 S20(7) LUPAA applies
 Sea shore development for existing , risk management, emergency, rescue or public access and
recreation
Toward Consistency – A Guide to the Interim Planning Schemes of the Cradle Coast Region (October 2013)
No likely contamination;
Not vulnerable use
No soil disturbance;
Contamination management plan
Remediation plan; or
Decontaminated
Page | 173
Bibliography
Coast Regional Planning Initiative October 2011 Living on the Coast Cradle Coast Regional Land Use Strategy
Cradle
Commonwealth Department of Climate Change (2008) Climate Change – Potential Costs and Impacts –
Tasmania
Council of Australian Governments National Partnership Agreement to Deliver a Seamless National Economy
Cradle Coast Authority (2009) Regional Waste Management Strategy: Five Year Strategy 2009-2013.
Cradle Coast Authority and Department of Infrastructure, Energy and Resources (2006) Cradle Coast Integrated
Transport Strategy.
Cradle Coast Natural Resource Management (2010) Cradle Coast NRM Strategy 2010 - 2015
Demographic Change Advisory Council (2009) Population projections (http://www.dcac.tas.gov.au/ accessed
22/07/09)
Department Infrastructure Energy and Resources (2010) Tasmanian Infrastructure Strategy
Department Infrastructure Energy and Resources (2010) Tasmanian Walking and Cycling Active Transport
Strategy
Department of Economic Development (2006) REDI Report
Department of Economic Development (2007) Industrial Land Project
Department of Economic Development and Tourism (2008) Industrial Land Demand Tasmania: short to
medium term overview (SGS Economic Planning)
Department of Economic Development Tourism and Arts (2010) Tasmanian Economic Profile
Department of Health and Human Services (2007) Tasmania’s Health Plan
Department of Infrastructure, Energy and Resources (2007) Tasmanian State Road Hierarchy
Department of Infrastructure, Energy and Resources (2010) Tasmanian Urban Transport Framework
Department of Justice (2007) Compendium of State Interests in Land Use Planning
Department of Premier and Cabinet (2008) A Social Inclusion Strategy for Tasmania
Department of Premier and Cabinet Mitigating Natural Hazards through Land Use Planning
Department of Primary Industry, Parks, Water and the Environment (2010) State Stormwater Strategy
Department of Resources, Energy and Tourism (2010) Tourism Planning Guide – a good practice approach
New South Wales Department of Primary Industry (2007) Living and Working in Rural areas – handbook for
managing land use conflicts on the NSW north coast
Norton T. (2010) Mapping of Agricultural Land: Draft Report (Phase 2 Report), prepared for the Cradle Coast
Regional Land Use Planning Initiative, Tasmanian Institute of Agricultural Research, University of Tasmania,
Burnie
Norton, T. (2009) Mapping of Agricultural Land: Draft Report (Phase 1 Report) prepared for the Cradle Coast
Regional Land Use Planning Initiative, Tasmanian Institute of Agricultural Research, University of Tasmania,
Burnie
Productivity Commission (2011) Planning, Zoning and Assessments
Sport and Recreation Tasmania (2009) Cradle Coast Open Space Plan
Tasmanian Planning Commission (2009) State of the Environment Tasmania
Tasmanian Planning Commission (2010) ABS Agricultural Census Data Analysis for State of Region Reporting
Part 1 and Part 2
Tasmanian Planning Commission Tasmanian Coastal Inundation Mapping Project
Tasmanian Planning Commission Consideration for compliance with sections 20, 21 and 30E of the Land Use
Planning and Approvals Act 1993 Interim Planning Scheme Advisory Committee July 2013
Toward Consistency – A Guide to the Interim Planning Schemes of the Cradle Coast Region (October 2013)
Page | 174
Tasmanian Planning Commission Consideration for compliance with sections 20, 21 and 30E of the Land Use
Planning and Approvals Act 1993 Interim Planning Scheme Advisory Committee July 2013
Tasmanian Planning Commission Planning Advisory Note 11: Integration of Land Use and Transport in Planning
Schemes September 2009
Tasmanian Planning Commission Planning Advisory Note 12 : Contaminated Land February 2012
Tasmanian Planning Commission Planning Advisory Note 13 : The Planning Scheme Template for Tasmania
Drafting Instructions June 2011
Tasmanian Planning Commission Planning Advisory Note 16: Application, Adoption and Incorporation of
External Documents by a Planning Scheme September 2009
Tasmanian Planning Commission Planning Advisory Note 17 : The meaning of the word ‘Road’ and access in
s.109 of the Local Government (Building and Miscellaneous Provisions) Act 1993 September 2009
Tasmanian Planning Commission Planning Advisory Note 18 : Planning Directive – Standards for Single
Dwellings in Current Planning Schemes July 2012
Tasmanian Planning Commission Planning Advisory Note 18 : Planning Directive – Standards for Single
Dwellings in Current Planning Schemes July 2012
Tasmanian Planning Commission Planning Advisory Note 19: Dispensations October 2012
Tasmanian Planning Commission Planning Advisory Note 20: Planning Directive No. 5
Tasmanian Planning Commission Planning Directive No 21: Transitional Arrangements for
Tasmanian Planning Commission Planning Directive No 22: Planning Purpose Notices December 2012
Tasmanian Planning Commission Planning Directive No 23: Implementation of Planning Directive No. 4 –
Standards for Single Dwellings in Interim Planning Schemes May 2013
Tourism Tasmania (2009) Tasmanian Visitor Survey: Year Ending June 2009.
Tourism Tasmania and Tourism Industry Council Tasmania (2007) Tourism 21 Strategic Business Plan 20072010.
Toward Consistency – A Guide to the Interim Planning Schemes of the Cradle Coast Region (October 2013)
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Toward Consistency – A Guide to the Interim Planning Schemes of the Cradle Coast Region (October 2013)
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Toward Consistency – A Guide to the Interim Planning Schemes of the Cradle Coast Region (October 2013)
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