Agenda of Special City Planning Committee Meeting

Item No. 2.1.1

Agenda (Open Portion)

Special City Planning Committee Meeting

Page 8

7/11/2016

REPORT TITLE: Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment 6/2016 AND S43A Permit Application - 191 & 199 New Town Road, New Town

REPORT PROVIDED BY: Manager Planning Policy and Heritage

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to consider an application under the Land Use Planning and Approvals Act 1993 (LUPAA), from Town Planning Consultants Pitt & Sherry on behalf of Findella Pty Ltd/Mantzis Holdings Pty Ltd, to amend the Hobart Interim Planning Scheme 2015 (HIPS 2015) by rezoning the property at 199 New Town Road from Inner Residential to Urban Mixed Use.

1.2. Pursuant to S.43A of the former provisions of LUPAA, the planning scheme amendment application is combined with a planning permit application for Partial Demolition, New Building for Hotel Industry (Bottleshop), Signage, Alterations and Extensions to Carparking and Access and Consolidation of Titles at 191 and 199 New Town Road. The applicant’s submission in support of the rezoning is provided in Attachment A and documentation relating to the development application is provided in the attachments to the Development Appraisal Planner’s report in Attachment B.

1.3. The proposal benefits the community by ensuring that land is appropriately zoned and that development is undertaken in a fair and orderly manner.

2. Report Summary

2.1. The proposal is to rezone the entire title at 199 New Town Road from Inner Residential to Urban Mixed Use.

2.2. A development application for a bottleshop, signage, and associated access and parking has also been submitted relating to 191 and 199 New Town Road, and will be considered concurrently with the proposed amendment.

2.3. 199 New Town Road is a cleared, serviced, vacant site that is substantially covered by a Transend wayleave easement, due to the high power transmission lines running through the site. 191 New Town is a property containing two titles, which is zoned Urban Mixed Use and contains the Maypole Hotel. All titles are in common ownership.

2.4. The site subject to the rezoning (199 New Town Road) is located on the boundary between the Inner Residential Zone and the Urban Mixed Use Zone, and is surrounded by mixed use development, including dwellings, restaurants, a school and a large shopping complex.

2.5. The proposed rezoning is considered to be an appropriate amendment to the HIPS 2015 for the following reasons:

2.5.1. The Transend easement over the site restricts residential development, and therefore the Inner Residential zoning effectively sterilises the site.

2.5.2. The Urban Mixed Use Zone would allow for a greater range of uses on the site and is therefore more appropriate in order to facilitate the efficient use of the site.

2.5.3. Physical development on the site is still restricted by the easement, but the rezoning will allow for better parking and access arrangements for an integrated development on 191 New Town Road. The restrictions on built development will lessen potential impacts on neighbouring sites (which are predominantly residential).

2.5.4. The amendment represents only a small extension to the Urban Mixed Use Zone in an appropriate location, and will not result in the loss of usable residential land.

2.5.5. The rezoning satisfies the policy statements of the Southern Tasmania Regional Land Use Strategy (STRLUS), including efficient utilisation of existing infrastructure.

2.6. The development application is considered in detail in Attachment B.

2.7. The planning scheme amendment and associated development application are recommended for approval.

3. Recommendation

That:

1. Pursuant to Section 34(1) (b) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council resolve to initiate an amendment to the Hobart Interim Planning Scheme to rezone the property at 199 New Town Road to Urban Mixed Use as indicated on the rezoning plans provided in Attachment A.

2. Pursuant to Section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council certify that the 6/2016 Amendment to the Hobart Interim Planning Scheme meets the requirements of Section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the General Manager and the Deputy General Manager to sign the Instrument of Certification marked as Attachment C.

3. Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place the 6/2016 Amendment to the Hobart Interim Planning Scheme 2015 on public exhibition for a 28 day period following certification.

4. Pursuant to Section 43A of the former provisions of the Land Use Planning and Approvals Act 1993, Council grant a permit for Partial Demolition, New Building for Hotel Industry (Bottleshop), Signage, Alterations and Extensions to Carparking and Access and Consolidation of Titles at 191 and 199 New Town Road, New Town, and a permit containing the conditions specified in Attachment B be issued.

4. Background

Existing situation

4.1. The land subject to the proposed rezoning (199 New Town Road) is a fully serviced vacant lot currently zoned Inner Residential, located immediately adjacent to land zoned Urban Mixed Use (See Figure 1).

4.2. The subject site includes a Transend wayleave easement over a large proportion of the lot, due to a high voltage powerline running through the site. The applicant has held discussions with TasNetworks, who have confirmed that parking and access are acceptable types of development within the easement area, whereas buildings are generally precluded.

4.3. The site is cleared of vegetation except for grass and some weed species.

4.4. A planning permit for a service station at 191 and 199 New Town Road (PLN-15-00181) was approved in 2015 and is still valid, however there has been no commencement of works. 191 and 199 New Town Road are in common ownership.

4.5. Other uses in the surrounding area include dwellings, a hotel (Maypole Hotel at 191 New Town Road, which is part of the development site), Ogilvie High School, a Pizza Hut restaurant, a large shopping complex (New Town Plaza), and some smaller shops and offices.

4.6. 199 New Town Road (subject to the rezoning) is not heritage listed, however 191 New Town Road is partially heritage listed due to the Maypole Hotel.

Figure 1: rezoning subject site (outlined in dotted blue) showing existing zoning (maroon: Inner Residential, grey: Urban Mixed Use)

Planning Scheme Provisions

4.7. The site subject to the rezoning (199 New Town Road) is currently zoned Inner Residential. This zoning is based on a translation from the zoning under the City of Hobart Planning Scheme 1982 (the Residential 1 Zone). The entire site is proposed to be zoned Urban Mixed Use (see Figure 2 below).

Figure 2: proposed zoning change at 199 New Town Road

4.8. The Zone Purpose Statements for the Inner Residential Zone are:

To provide for a variety of residential uses and dwelling types close to services and facilities in inner urban and historically established areas, which uses and types respect the existing variation and pattern in lot sizes, set back and height.

To provide for compatible non-residential uses that primarily serve the local community.

To encourage residential development at higher densities in locations within walkable distance of services, facilities, employment and high frequency public transport corridors.

To encourage residential development that respects the neighbourhood character.

To provide a high standard of residential amenity.

To allow commercial uses which provide services for the needs of residents of a neighbourhood and do not displace an existing residential use or adversely affect their amenity particularly through noise, traffic generation and movement, and the impact of demand for on-street parking.

4.9. Within the Inner Residential Zone, single dwellings are no permit required, with other residential use classes (except more intense home based businesses) and visitor accommodation permitted. Some non-residential uses such as food services, general retail and hire and limited business and professional services uses are discretionary if not displacing residential uses. A number of community uses such as community meeting and entertainment, educational and occasional care, emergency services and sport and recreation are also discretionary.

4.10. Use standards and development standards are aimed towards protecting residential amenity, although they encourage a higher density of residential development.

4.11. The Zone Purpose Statements for the Urban Mixed Use Zone are:

To provide for integration of residential, retail, community services and commercial activities in urban locations.

To encourage use and development at street level that generates activity and pedestrian movement through the area.

To provide for design that maximises the amenity at street level including considerations of microclimate, lighting, safety, and pedestrian connectivity.

To ensure that commercial use are consistent with the activity centre hierarchy.

To ensure development is accessible by public transport, walking and cycling.

To provide for a diversity of uses at densities responsive to the character of streetscapes, historic areas and buildings and which do not compromise the amenity of surrounding residential areas.

To encourage the retention of existing residential uses and the greater use of underutilised sites as well as the reuse and adaptation of existing buildings for uses with a scale appropriate to the site and area.

To ensure that the proportions, materials, openings and decoration of building facades contribute positively to the streetscape and reinforce the built environment of the area in which the site is situated.

To maintain an appropriate level of amenity for residential uses without unreasonable restriction or constraint on the nature and hours of commercial activities.

To ensure that retail shopping strips do not develop along major arterial roads within the zone.

4.12. Within the Urban Mixed Use Zone, low intensity home based businesses are no permit required, with other residential use classes permitted. Other permitted uses include business and professional services, community meeting and entertainment, food services unless with a drive through facility, and general retail and hire at the New Town Plaza shopping centre. There are a wide range of discretionary uses, including but not limited to bulky goods sales, equipment and machinery sales and hire, hotel industry, service industry, vehicle fuel sales and service and visitor accommodation.

4.13. The use and development standards acknowledge the mixed use environment, are more flexible for non-residential uses, and have fewer provisions relating to residential amenity.

5. Proposal and Implementation

5.1. The proposal is to rezone the entire title (CT 158085/1) at 199 New Town Road to Urban Mixed Use. The area proposed to be rezoned is shown on the rezoning plans provided by the applicant in Attachment A.

5.2. It is also proposed that planning approval be granted for a bottleshop (Hotel Industry), signage and associated access and parking under S.43A of the former provisions of LUPAA. The former provisions of the Act are defined in Schedule 6 – Savings and Transitional Provisions of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Act) 2015 which commenced on 17 December 2015. An assessment of the S.43A application by a Development Appraisal Planner and the Senior Statutory Planner is provided in Attachment B.

5.3. In relation to 5.2 above, LUPAA allows for Council, after it has decided to initiate an amendment, to consider a permit application concurrently with the preparation of a requested amendment. Both the amendment and permit application would be advertised for public comment. If Council decides not to initiate the amendment requested there is no need to consider the planning permit application.

Justification – Applicant’s Submission

5.4. The applicant considers that the requested amendment is justified for the following reasons:

5.4.1. The rezoning and development will make good use of existing infrastructure, infill a vacant site and create employment, which all satisfy the Southern Tasmania Regional Land Use Strategy (STRLUS).

5.4.2. The proposal will not conflict with permissible use or development on adjoining land, as there is currently a bottleshop/hotel functioning on the site. Other than the dwelling currently on construction to the north of the site, there is no opportunity for any new building in the area.

5.4.3. The Transend wayleave easement over the site and the topography restricts further development on the subject site, other than for car parking and access. The easement in effect presents a land use buffer between the residential uses and any commercial uses on the Maypole Hotel site.

5.4.4. Given the development of 199 New Town Road is compromised by the high voltage powerline easement covering a large area of the site, linking the zoning to an established use will present opportunities to achieve more logical carparking and access for the commercial lot.

5.4.5. The rezoning is site specific and will have no regional impact outside the immediate area.

5.4.6. The proposed amendment meets the Objectives of LUPAA, including that:

5.4.6.1. The proposal facilitates the development of an underutilised and well serviced brownfield site with no ecological value in a developed area on a major road;

5.4.6.2. The amendment and subsequent development will benefit the local community and promote economic growth;

5.4.6.3. The proposal has considered environmental, social and economic effects, and complies with applicable legislation and State Policies;

5.4.7. The proposed rezoning complies with the Planning Scheme Objectives to:

- facilitate land use and development through the provision of physical infrastructure and mains services capacity appropriate to the location and purpose of the land; and

- create a network of vibrant and attractive activity centres.

5.4.8. The proposal complies with the Hobart 2025 Strategic Framework, the Strategic Plan 2014-2019 and the Economic Development Strategy.

Justification - Comment

5.5. The applicant has submitted some valid reasons as to why the rezoning of the subject site from Inner Residential to Urban Mixed Use would be appropriate.

5.6. The site is located on the edge of an existing Urban Mixed Use Zone. There are a number of non-residential uses in the immediate vicinity, including the Maypole Hotel, a large shopping complex and Ogilvie High School.

5.7. Although the site is currently zoned Inner Residential, the site is very restricted for residential development due to the Transend wayleave easement, which covers a large portion of the site. As such, the site is currently undeveloped and underutilised.

5.8. Given its location on a main transit route and close to existing services, it is logical to rezone the site to enable efficient utilisation of the land. The Inner Residential Zone is evidently not the appropriate zone for the site given the restrictions for residential development.

5.9. The Urban Mixed Use Zone allows for a number of non-residential uses, such as food services, general retail and hire, bulky goods sales, equipment and machinery sales and hire, hotel industry, service industry, storage, vehicle fuel sales and service, and vehicle parking. Compared to the limited opportunities for commercial development in the Inner Residential Zone (generally only where in an existing commercial building), the rezoning would provide greater opportunities for the development of uses (or access and parking for uses) that are not highly sensitive to the presence of the transmission towers.

5.10. The rezoning has some potential to create additional land use conflicts with adjoining landowners. 3 out of the 4 adjoining titles contain residential dwellings, and the rezoning will obviously create opportunities to develop the subject site with commercial uses. However, the wayleave easement remains as a restriction to physical development, and effectively acts to buffer potential development on the site from neighbouring dwellings.

5.11. The area within the easement is likely to be used primarily for parking and access (as is proposed in the current S43A permit application - see Attachment B). Vehicle movements in themselves have the capacity to create amenity impacts on neighbouring properties. Any potential impacts of access and parking arrangements on the site, however, are likely to be ameliorated by use standards covering hours of operation, noise emissions, external lighting and commercial vehicle movements.

5.12. The potential for some degree of impact on the amenity of adjoining properties due to the rezoning is present, however the benefits of allowing for a well serviced and located site to be utilised strongly support the rezoning. Offsite impacts of specific development will be assessed and must demonstrate compliance with the planning scheme provisions (considered in attachment B in relation to the submitted proposal for a bottleshop).

5.13. The proposed amendment does not conflict with the policies of the STRLUS. The subject site is located along an integrated transit corridor as identified in the STRLUS, and policy LUTI 1.2 states ‘allow higher density residential and mixed use developments within 400, and possibly up to 800 metres (subject to topographic and heritage constraints) of integrated transit corridors. The site is unsuitable for dwelling development, and therefore the rezoning does not compromise the achievement of residential densification in this area.

The proposal supports the STRLUS policy to maximise the efficiency of existing infrastructure.

5.14. The rezoning represents a small extension to the Urban Mixed Use Zone in New Town to allow for a lot constrained by a high voltage powerline to be utilised. The current Inner Residential zoning of 199 New Town Road is unsuitable given the site effectively cannot be developed for residential dwellings, and the zone therefore effectively sterilises the site. It is considered that the Urban Mixed Use Zone is the most appropriate zone for the site.

6. Strategic Planning and Policy Considerations

6.1. The proposed amendment is consistent with the objectives of the Capital City Strategic Plan 2015-2025 in regard to Strategic Objective 2.3 – ‘City and regional planning ensures quality design, meets community needs and maintains residential amenity’.

7. Financial Implications

7.1. The proposed planning scheme amendment should not result in any additional significant Council expenditure.

8. Legal, Risk and Legislative Considerations

8.1. The Land Use Planning and Approvals Act 1993 (LUPAA) requires that planning scheme amendments must seek to further the objectives of Schedule 1 of the Act and be prepared in accordance with State Policies.

8.2. The objectives of the Act require use and development to occur in a fair, orderly and sustainable manner and for the planning process to facilitate economic development in accordance with the other Schedule 1 objectives.

8.3. It is considered that the proposed amendment meets the objectives of LUPAA, in particular it:

8.3.1. Assists sound strategic planning by not prejudicing the achievement of the relevant Zone Objectives or the STRLUS objectives;

8.3.2. Is consistent with the objective 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;

8.3.3. Provides greater flexibility to address changes in local environmental, social and economic circumstances;

8.3.4. Allows for a more efficient use of the existing infrastructure and facilities;

8.3.5. Is consistent with the objective to provide for the consolidation of approvals for land use and development;

8.3.6. Facilitates the integration of compatible and complementary land use activities in a managed and safe environment;

8.3.7. Provides for the exercise of greater flexibility to fully consider the capability of the land.

8.4. The relevant State Policy to consider in this case is the State Policy on Water Quality Management. It is considered that the proposed amendment is consistent with the objectives of this policy as a soil and water management plan will be required for future development on the site, and stormwater will be drained to a piped system.

8.5. S32(e) of the former provisions of LUPAA requires that planning scheme amendments must avoid the potential for land use conflicts in adjacent planning scheme areas. The proposed amendment is unlikely to introduce significant opportunity for increased land use conflict between the site and adjacent properties, particularly as the area to be rezoned is substantially covered by an electricity transmission wayleave easement. This restricts physical development in close proximity to neighbouring residential sites, and use issues (such as vehicle movements) are controlled by use standards under the zone for the protection of residential amenity.

8.6. S32(f) of the former provisions of LUPAA requires that planning scheme amendments must have regard to the impact that the use and development permissible under the amendment will have on the use and development of the region as an entity in environmental, economic and social terms. The size, location and configuration of the land proposed for rezoning is such that it will not have any regional implications.

9. Environmental Considerations

9.1. The subject site is a vacant, cleared block with no biodiversity value. The rezoning will have no impact on environmental values.

10. Social and Customer Considerations

10.1. The proposal is not considered to have any negative impact on social inclusion.

11. Marketing and Media

11.1. There are no marketing or branding implications of this amendment.

12. Community and Stakeholder Engagement

12.1. Council has requested that reports which recommend the initiation of planning scheme amendments address the need to conduct a public meeting or forum to explain the proposed amendments and also outline the explanatory information to be made available. These are addressed below:

12.1.1. It is not considered that a public forum is necessary to explain the proposed amendment to the public as it is relatively simple and self explanatory.

12.1.2. The following information will be made available on the website: a copy of this report, a copy of the formal amendment document and the applicant’s submission.

12.2. Council will have the opportunity to recommend to the Tasmanian Planning Commission modifications or refusal of the permit or amendment after the 28 day public advertising period.

13. Delegation

13.1. Delegation rests with the Council.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

James McIlhenny Signature

James McIlhenny

Manager Planning Policy and Heritage

Date: 4 November 2016

File Reference: F16/124891

Attachment a: Attachment A - Applicant Submission ⇩

Attachment b: Attachment B - Development Assessment Report ⇩

Attachment c: Attachment C - Instrument of Certification ⇩

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