Interim Planning Scheme
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Amendment BRE UA1/2013 under Section 30IA
Of the Land Use and Planning Approvals Act 1993
Break O’Day Interim Planning Scheme 2013
Break O'Day Interim Planning Scheme 2013
The Interim Planning Scheme 2013 was advertised for comment for 2 months through June and July this year. Council received a total of 23 representations.
These representations are available to view on this page under the resources section.
Council has considered the representations and a report with recommendations for changes and responses to issues raised is available to view in the resources section. Council considered this report at the November Council Meeting, and the final recommendations have been submitted to the Tasmanian Planning Commission. Public Hearings on the submissions will be conducted by the COmmission in April/May 2014, please contact Council for updates.
The draft interim planning scheme is derived from the current planning scheme (1996) and current settlement strategy (1995). Guidance is also sought from Vision East 2030 and the North Region Land Use Strategy. Anything that the North Region Land Use Strategy specifically requires has been included in the draft interim planning scheme.
The draft interim planning scheme is based upon the state templates (PD1, PD4 & PD5) for planning schemes, as required by legislation. The draft interim scheme is also based upon a north region template of common planning provisions. The common provisions have been prepared by staff from the 8 member Councils. These provisions are intended to form the basis of a planning directive.
Where a planning issue that is in the current planning scheme is not covered by the region common provisions, it has been included in the draft interim planning scheme as a local provision. The presentation of the planning scheme is colour coded with; black text for state provisions, green text for mandatory regional provisions, blue text for optional local provisions and red text for local provisions.
This Council signed a memorandum of understanding together with the 8 member Councils to progress the planning project to a level where the draft interim planning scheme is implemented.
The zone maps include an expansion of the number of zones from 5 to 16.
The overlay maps are intended to form part of the whole planning scheme and are a key indicator as to when the codes apply. The overlay maps provide an indication if land is flood prone, subject to landslide, at coastal risk from sea level rise, located near a scenic tourist route or priority habitat.
The draft interim planning scheme is to be implemented through Division 1A of the Land Use Planning and Approvals Act 1993. This process is different to other approval process’s for changes to planning schemes. This is because the draft interim scheme is declared before any public participation and hearing process’s occur. Meaning, that once a draft interim scheme is declared, planning decisions are made with regard to the new scheme right away.
If dramatic changes from the old scheme to the new scheme occur it has potential to change development rights overnight without warning, which may aggrieve some people. This type of situation is at odds with the legal system for planning which is to afford natural justice as much as possible.
To enable the Minister for Planning to approve the draft interim scheme, he has established an advisory committee in the Tasmanian Planning Commission. That advisory committee, when advising the planning Minister, is bound to follow any legal advice it may have from the Solicitor General’s Office. Last year, the advisory committee sought legal advice regarding the scope they had in considering draft interim planning schemes and how much variation could occur between the old and the new schemes, in terms of active rezoning’s.
This legal advice from the Solicitor General’s Office came back and advised that Councils can only translate their existing planning scheme into the new PD1 format and they can only include any item that is specifically required by their respective regional land use strategy.
Zone Translation exercise of the Existing planning scheme
The existing scheme contains 5 zones, 3 of these zones translate quite easily. They are Urban, Commercial and Industrial.
There are 2 zones, Natural Resources and Environment Protection that are predominantly used outside of recognised settlements. These zones hold a variety of land use types ranging from environmental reserves to agriculture to various types of residential uses (including hobby farming, coastal living and low density styles). These land uses are a product of historical development in the area, and as a result of a mining boom a long time ago some very small titles exist in locations where settlement has not proven popular on the current housing market.
In translating these two zones outward to fit within the purpose statements of PD1, the various different land uses can be classified into different PD1 zones. These zones range from Rural Resource, Environmental Management, Rural Living and Environmental Living.
In the municipal area there is established agricultural areas, established rural living/environmental living area and establish environment reserve areas. Recognising established rural living/environmental living areas is supported by the North Region Land Use Strategy.
Translating genuine agricultural land use areas to the Rural Resource Zone and translating environmental reserve areas to the Environmental Management Zone is straight forward, however, translating the hobby farm/lifestyle lots is quite complex and required a clear and reasonable methodology. The methodology is how the various existing land use types are classified into their appropriate PD1 zone.
The Translation to the draft interim scheme – methodology
This exercise recognised the following settlements: - St Helens, St Marys, Scamander, Fingal, Binalong Bay, Ansons Bay, Weldborough, Mathinna, Beaumaris, Cornwall and Falmouth.
This exercise recognised the following Rural Living cluster areas:- The Gardens, Seymour, Mangana, and Four Mile Creek.
Pyengana, Gray and Lottah are considered to be Rural areas.
Rural living is about settlement of land for housing and the allocation of the zone locations should provide for an orderly settlement of land – regardless of its existing land use.
It is assumed that existing/established rural living land’ does contain this orderly contained settlement concept (except for old random ad hoc rezonings of the past). The North Region Land Use Strategy refers to using Rural Living as a buffer to a settlement, this is an important point to apply through the analysis.
Any existing title zoned Environment Protection that is not used as part of an ongoing agricultural operation was retained in the Environment Living Zone. The land that is currently zoned Environment Protection and is used as an ongoing agricultural concern was zoned Rural Resources.
Established Rural Living/Environmental Living areas are recognised in the North Region Land Use Strategy and are defined by the following reduction methodology:-
- Identify properties of titles of less than 40ha. This is based upon consultant work that provides a suggestion for what land is unlikely to be productive agricultural land. This work is a detailed report of the agricultural profile of the Break O’Day area prepared by A&K consulting.
- For Rural Living to act as a buffer for a settlement, only titles within 5km of a settlement or 1km for the smaller settlements of Mathinna, Mangana, Lottah and Weldborough. Titles outside of this area were taken out of the assessment.
- Titles east and south of St Marys to the coast and down were left in for further analysis. The area called “the Gardens’ has been left in. As both of these areas are currently zoned Environment Protection.
- Crown land and multiple adjoining titles in the same ownership (as an assumption was given to some agricultural potential) were removed from the assessment.
- The titles had to have legal access to a public road to be included in the layer. Those titles without direct legal access to a road were taken out of the assessment.
- Remaining titles were mapped for presence of a house. Titles that were surrounded by houses and still connected to an existing settlement were included in the assessment.
- Isolated titles, ie titles that were not contiguous with a settlement, that are surrounded by agricultural use were removed from the assessment or small clusters of titles that mostly contain a dwelling already, were removed from the layer. Note clusters that are contiguous with a recognised settlement were retained to act as a buffer (as required by Region Land Use Strategy) to the settlement.
- The titles had to be suitable for a dwelling under a ‘permitted’ use status, this involved a check against presence of karst or natural hazards (except bushfire risk).
- Of the remaining titles, those titles with a distinct higher level of natural values present were zoned Environmental Living and the remainder Rural Living.
The analysis provides for Rural Living Zone / Environment Living Zone in six (6) locations that are currently zoned Natural Resources:-
- North west of St Helens,
- Fingal (south east),
- St Marys
Quick Reference Table for zone conversion
Interim Scheme Zone
St Helens only
St Marys & Scamander
Fingal and Beaumaris
Industrial is the specific site in Fingal (Council depot),
Other as per above detail
As per above detail
Note: other zones used include Community Purpose, Recreation, Open Space, Utilities, Port and Marine and a Particular Purpose Zone in Ansons Bay. These zones were applied to sites that contained the primary use of the land already occurring on those sites. Eg a sports ground was zoned Recreation, etc.
There are some required policy changes in the draft interim planning scheme. These changes are there due to lessons that have been learnt over the last few years. These changes include a reduction in the amount of landscaping required in the industrial zone, how storm water is disposed of in serviced areas and how development applications consider on-site waste water disposal issues.