The draft amendment seeks to insert a site-specific qualification (SSQ) for an additional Permitted Use of Food Services (if for mobile food vendor) in the Utilities Zone at Strong Street, Bridgewater folio of the Register 164049/1.

The subject property is a 2,645m2 corner lot with frontages to Strong Street and Glenstone Road, Bridgewater. The site is clear of vegetation and is used as a 'truck stop'. The site currently has a small concrete area with a covered table and chairs but is otherwise undeveloped.

The site is within the Brighton Transport Hub, adjoins a heavy vehicle parking area, and is surrounded by land used for transport and warehousing.

The land is zoned Utilities and is Crown-owned; managed by the Department of State Growth. The surrounding land is zoned General Industrial. The Electricity Transmission Infrastructure Protection Area, Bushfire-Prone Hazard Area, and Attenuation Area overlays apply to the land. The site is also within the Bridgewater Quarry Specific Area Plan.

The draft amendment was referred to TasWater under section 56S of the Water and Sewerage Industry Act 2008. In response, TasWater made a representation that stated it had no objection to the draft amendment and did not wish to attend a public hearing if one were held.

The draft amendment also was referred to Tas Gas Networks (Tas Gas). In response, Tas Gas made a representation that stated it had no objection to the draft amendment but noted a network valve was located near the property boundary and always required unrestricted access. Tas Gas therefore requested a 5m buffer between food trucks and the valve to ensure safe and clear access.

Tas Gas advised in an email dated 31 March 2025 that it did not wish to attend a hearing.

Planning authority's response to the representations

The planning authority considered the representations and recommended there be no change to the draft amendment. In response to the issue raised by Tas Gas, the planning authority stated the future location of the food truck would be 'located well away from property boundaries' and would be 'determined through Council's food truck policy approval process'.

The Commission notes no objection by either TasWater or Tas Gas to the draft amendment.

According to theLIST, the relevant gas pipeline infrastructure is located near the southeast boundary of the site. The Commission expects the likely location of a mobile food vendor to be in the area on the northwest side of the site, adjacent to the truck stop area along Glenstone Road. The Commission therefore considers no modification to the draft amendment as proposed by Tas Gas is required.

The Commission also notes a mobile food vendor would require a permit under the Council's Mobile Food Vendor Policy and that the planning authority is aware of the location of the gas pipeline infrastructure. The Commission is satisfied the draft amendment meets section 34(2)(g) of the LPS criteria (see below), which requires a draft amendment to have regard to the safety requirements set out in the standards prescribed under the Gas Safety Act 2019.

1. Under section 40M of the Land Use Planning and Approvals Act 1993 (the Act), the Commission is required to consider the draft amendment to the Local Provisions Schedule (LPS) and the representations, statements and recommendations contained in the planning authority's section 40K report and any information obtained at a hearing.
2. After consultation with the representors under section 40L(2) of the Act, the Commission dispensed with holding a hearing.
3. The Commission must also consider whether the draft amendment meets the LPS criteria as set out under section 34(2) of the Act:

(a) contains all the provisions that the SPPs specify must be contained in an LPS; and > > (b) is in accordance with section 32; and > > (c) furthers the objectives set out in Schedule 1; and > > (d) is consistent with each State policy; and > > (da) satisfies the relevant criteria in relation to the TPPs; and > > (e) as far as practicable, is consistent with the regional land use strategy, if any, for the regional area in which is situated the land to which the relevant planning instrument relates; and > > (f) has regard to the strategic plan, prepared under section 66 of the Local Government Act 1993, that applies in relation to the land to which the relevant planning instrument relates; and > > (g) as far as practicable, is consistent with and co-ordinated with any LPSs that apply to municipal areas that are adjacent to the municipal area to which the relevant planning instrument relates; and > > (h) has regard to the safety requirements set out in the standards prescribed under the Gas Safety Act 2019.

1. The draft amendment seeks to insert an SSQ to provide for an additional Permitted Use of Food Services with a qualification of 'if for a mobile food vendor'. The planning authority's report dated 21 January 2025, made in support of the certified draft amendment (supporting report), submitted that the SSQ would assist to provide a rest area for users of the Brighton Transport Hub consistent with the Tasmanian Heavy Vehicle Driver Rest Area Strategy. This Strategy recommends the site be upgraded with new public toilets.
2. Additionally, the planning authority submitted that the draft SSQ would enable development which would be consistent with the Brighton Structure Plan. Specifically, strategy 5 of the Structure Plan intends to 'improve the function and presentation of the Brighton Transport Hub and Industrial Estate.'
3. Under section 32(4) of the Act, an LPS may only include an SSQ if:

(a) a use or development to which the provision relates is of significant social, economic or environmental benefit to the State, a region or a municipal area; or

(b) the area of land has particular environmental, economic, social or spatial qualities that require provisions, that are unique to the area of land, to apply to the land in substitution for, or in addition to, or modification of, the provisions of the SPPs.

1. The supporting report submitted that the proposed amendment meets section 32(4)(a) ('a use or development to which the provision relates is of significant social, economic or environmental benefit to the State, a region or a municipal area').
2. The planning authority contended that 'the proposed development is considered to provide significant social and economic benefits to the southern region through improving the place making of a State-significant industrial estate and providing a much needed heavy vehicle rest area for truck drivers utilising the Hub'.
3. Additionally in the supporting report the planning authority submitted 'future investment in the estate will continue to provide social and economic benefits to the municipality given the high rates of the population being employed in construction, manufacturing, transport, postal services and warehousing, and the fact that existing businesses draw a significant percentage of employees from the local area'.

1. The Commission accepts the Brighton Transport Hub is of strategic importance to the State freight transport network. The network is of critical importance to the State and connects intrastate, interstate and international freight routes. The SSQ would provide for additional use that would provide support to the network. The Commission therefore accepts the planning authority's view the SSQ is consistent with section 32(4)(a) of the Act.
2. The Commission also considers the SSQ meets section 32(4)(b) of the Act:

'the area of land has particular environmental, economic, social or spatial qualities that require provisions, that are unique to the area of land, to apply to the land in substitution for, or in addition to, or modification of, the provisions of the SPPs'

3. The land adjoins an existing heavy vehicle parking area within the Brighton Transport Hub and is suitable for driver rest stop facilities. The site therefore has particular economic, social and spatial qualities that require unique provisions to provide for use that complements the Hub and the transport network. The land is not of significant environmental value.

1. The relevant regional land use strategy is the Southern Tasmania Regional Land Use Strategy 2010-2035 (regional strategy).
2. The planning authority submitted that the draft amendment was consistent with policies IA 1.1-1.6, IA 2, 2.1, 3 and 3.1.
3. The policies are described below:

IA 1.1-1.6 identify, protect and manage the supply of well-sited industrial land that will meet the regional need for 5, 15 and 30 years > > IA 2 and 2.1 protect and manage existing strategically located export orientated industries; and > > IA 3 and 3.1 ensure industrial development occurs in a manner that minimises regional environmental impacts and protects environmental values.

1. The Commission accepts the evidence submitted by the planning authority.
2. The Commission finds that the draft amendment is, as far as is practicable, consistent with the regional strategy.

1. The planning authority submitted in the supporting report that the draft amendment would be consistent with the Brighton Council Strategic Plan

1. The Commission accepts the evidence submitted by the planning authority and finds that the draft amendment is consistent with Council's Strategic Plan.

1. The supporting report submitted the amendment would have no direct impact on water quality.

State Coastal Policy 1996 and State Policy on the Protection of Agricultural Land 2009

1. The planning authority submitted the State Coastal Policy 1996, and the State Policy on the Protection of Agricultural Land 2009 were not relevant to the assessment of the draft amendment.

National Environmental Protection Measures (NEPMs)

1. The supporting report submitted the NEPMs were not relevant to the assessment of the draft amendment.

1. The Commission notes that the State Policy on Water Quality Management 1997 applies to the land and that any future use and development of the site would be subject to requirements under the Urban Drainage Act 2013, which would protect water quality. The site is also connected to reticulated services.
2. The Commission finds that the draft amendment is consistent with requirements for the NEPMs.
3. The Commission finds that no other State policies are relevant to the draft amendment.

1. The supporting report submitted the draft amendment would further the Objectives in Part 1 (b) (c) (d) and (e) of Schedule 1 of the Act as it would:
   • 'ensure the success' of the Brighton Industrial Estate, which would provide for the fair, orderly and sustainable use and development
   • provide for use and development of the Hub, which was designed through stakeholder and community involvement; and
   • facilitate economic development by improving the appearance and facilities at the Hub, which would attract investment.
2. The planning authority submitted the proposal was consistent with all of Part 2 of the Objectives.

1. The Commission accepts the evidence provided by the planning authority and finds the draft SSQ furthers the Objectives in Schedule 1 of the Act, particularly to provide for fair, orderly and sustainable use and development and to facilitate economic development.

1. Under section 40M of the Act the Commission must consider whether modifications to a draft amendment of an LPS ought to be made.
2. The certified draft amendment references the correct folio of the Register number but an incorrect street number, which was allocated after the draft amendment was certified. A modification to update the SSQ with the new street number (2 Strong Street) is required.
3. A further modification is required to change the wording of the SSQ for consistency with drafting conventions as follows:
   • The certified amendment currently reads:
     • An additional Permitted Use Class for this site is: Food Services (if for mobile food vendor)
   • A modification is required to change the wording to:
     • An additional Permitted Use Class for this site is: Food Services 'if for mobile food vendor'.

1. Subject to the modifications described above, the Commission is satisfied that the draft amendment meets the LPS criteria and gives its approval.

Modified amendment RZ-2024-04 to the Tasmanian Planning Scheme - Brighton

1. Insert Site-Specific Qualification BRI-26.1 as follows:

Description (modification, substitution or addition)

An additional Permitted Use Class for this site is:

Food Services with the qualification 'if for mobile food vendor'.