Supplementary Agenda of City Planning Committee Meeting

Item No. 7.1.3

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 4

27/2/2017

REPORT TITLE: Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment 8/2016 & S43A Permit - 1 Folder Street and 5 Tew Terrace, Sandy Bay - Consideration of Representations

REPORT PROVIDED BY: Manager Planning Policy and Heritage

Director City Planning

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to discuss the merits of a representation received during the public exhibition of Hobart Interim Planning Scheme 2015 amendment 8/2016 and associated S43A permit at 1 Folder Street and 5 Tew Terrace, Sandy Bay (Attachment C).

1.2. The proposed amendment is to rezone a portion of 1 Folder Street from Low Density Residential to Environmental Management, and a same sized portion of 5 Tew Terrace from Environmental Management to Low Density Residential. It is also proposed to amend the boundary of the Biodiversity Protection Area Overlay, and amend the heritage listing of 1 Folder Street under the Historic Heritage Code (Attachment A).

1.3. The permit is for ‘Subdivision (Boundary Adjustment)’ (Attachment B).

1.4. 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 purpose of the report is to consider a representation received in relation to the exhibition of a planning scheme amendment and concurrent S43A permit for rezoning and a boundary adjustment to facilitate a land exchange of equal area between Council owned Bicentennial Park and a private landowner.

2.2. The representation received objected to the proposed equal land exchange on the grounds that Council previously ‘gifted’ the private landowner some Council land in 2012. The representor also questions how the land exchange will assist construction of vehicle access routes for fire control as proposed in a Council Fire Management Plan.

2.3. The concerns raised are responded to in detail, and it is concluded that no changes to the amendment or permit are considered justified.

2.4. It is proposed that Council recommend to the TPC that the planning scheme amendment and S43A permit are approved as certified.

3. Recommendation

That:

1. Pursuant to Section 39 (2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council endorse this report as the formal statement of its opinion as to the merit of the representation received during the exhibition of the draft 8/2016 amendment and S43A permit.

2. Pursuant to Section 39 (2) of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that the 8/2016 Amendment to the Hobart Interim Planning Scheme 2015 and combined S43A permit be approved as certified.

4. Background

4.1. At its meeting of 19 December 2016, Council considered an application under the Land Use Planning and Approvals Act 1993 (LUPAA), from Emma Riley and Associates on behalf of landowners Sarah Sypkes and City of Hobart, to amend the Hobart Interim Planning Scheme 2015 (HIPS 2015) by rezoning a portion of 1 Folder Street from Low Density Residential to Environmental Management, and a same sized portion of 5 Tew Terrace from Environmental Management to Low Density Residential. It is also proposed to amend the boundary of the Biodiversity Protection Area Overlay, and amend the heritage listing of 1 Folder Street under the Historic Heritage Code. The previous report and attachments are provided as Attachment D.

4.2. Pursuant to S43A of the former provisions of LUPAA, the planning scheme amendment application was combined with a planning permit application for ‘Subdivision (Boundary Adjustment)’ (PLN-16-903).

4.3. The planning permit was granted and the amendment certified, and both were placed on public exhibition on 12 January 2017. The exhibition was for 28 days, ending on 10 February 2017.

4.4. The exhibition process resulted in one representation being received within the statutory period. A copy of the representation is provided in Attachment C.

5. Proposal and Implementation

5.1. The proposal is to consider a statutory representation made in relation to planning scheme amendment 8/2016 and S43A permit PLN-16-903.

5.2. The representation objects to the equal land exchange proposed due to an area of land previously being ‘gifted’ to 1 Folder Street by Council in 2012, which was considered to be unfair and not transparent. The representation also questions how the land exchange is going to assist construction of the vehicle access roads for fire control as proposed in the Bicentennial Park/Porter Hill Fire Management Plan drafted December 2013.

5.3. The representor also attached a copy of a previous objection relating to the resolution by Council as landlord to endorse the land swap between 1 Folder Street and 5 Tew Terrace, and correspondence to the General Manager in relation to the Bicentennial Park/Porter Hill Fire Management Plan.

5.4. It appears that the primary concern held by the representor relates to an alleged previous ‘gifting’ of land from Council to 1 Folder Street. It is unclear what this concern in fact relates to, as a search of Council records indicates the only boundary adjustment that occurred on the subject site in 2012 was between 1 Folder Street and 6 Tew Terrace (a privately owned, not Council owned, lot). In 2009 there was an application for subdivision of one additional lot on the site which proposed access over Council land, however this application was withdrawn and never progressed. There is no evidence on file to suggest 1 Folder Street previously benefited from any land given to them by Council.

5.5. Regardless of the origins of the claim that Council ‘gifted’ 1 Folder Street land in 2012, this is an issue that has no bearing on the current application, which is for a rezoning and boundary adjustment of land of an equal size. Previous unrelated land title issues are not seen to directly relate to either the rezoning or permit component of the proposal.

5.6. The representor also raises questions about how the land exchange will assist construction of vehicle access routes (VAR) for fire control as proposed in a Fire Management Plan for the area.

5.7. Negotiations about the proposed land exchange in fact pre-date the Bicentennial Park-Porter Hill Fire Management Plan 2014, and the exchange does not relate to that plan but rather to the general potential for the development of desirable park infrastructure.

The recommended VAR in the Fire Management Plan can be established without the land exchange proceeding, however this does not necessarily preclude the exchanged land from being used for this purpose in the future.

5.8. It is considered that there are no relevant planning grounds raised in the representation that support modification or refusal of the proposed amendment or boundary adjustment.

6. Strategic Planning and Policy Considerations

6.1. The proposal 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 proposal should not result in any additional significant Council expenditure.

8. Legal, Risk and Legislative Considerations

8.1. The proposed planning scheme amendment and S43A permit, including the reporting process on representations which is the subject of this report, will be subject to the usual amendment process under LUPAA.

9. Community and Stakeholder Engagement

9.1. This report considers the results of a 28 day public consultation process. The single representation would indicate a low level of community concern about the proposed amendment and permit. This report gives Council the opportunity to recommend to the TPC modifications or refusal of the permit or amendment in response to community feedback.

10. Delegation

10.1. 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