Permit SA 2025-004 - Subdivision (reorganisation of boundaries) and ancillary site works

Applicant PDA Surveyors, Engineers and Planners for Tea Tree Community Association Incorporated

The draft amendment is modified under section 40N(1)(b) of the Land Use Planning and Approvals Act 1993 as set out in Annexure A and is approved under section 40Q.

The permit is modified under section 42B(1)(b)(ii) of the Land Use Planning and Approvals Act 1993, as set out in Annexure B.

• 596 Tea Tree Road, Tea Tree (folio of the Register 165781/1) from Rural to Community Purpose, and
• part of 594 Tea Tree Road, Tea Tree (folio of the Register 182250/1) from Agriculture to Community Purpose.

The permit provides for the land to be developed by subdivision (reorganisation of boundaries) and ancillary site works.

The proposed development is to undertake a subdivision of the property at 594 Tea Tree Road, Tea Tree (folio of the Register 182250/1) to produce 2 lots; Lot 1 (0.44ha) and Lot 2 (43.45ha), as shown in Figure 1 below.

Lot 1 is proposed be absorbed into the existing adjoining title at 596 Tea Tree Road, Tea Tree (folio of the Register 164781/1).

Lot 2 would subsequently return to a single title and be made up of the balance of 594 Tea Tree Road, Tea Tree (folio of the Register 182250/1).

The site is located at 594 and 596 Tea Tree Road, Tea Tree, comprising two titles with an approximate combined area of 44.63ha. The site is accessible from Tea Tree Road via a public internal road - Briar Banks Road.

The property at 594 Tea Tree Road, Tea Tree is zoned Agriculture and contains a residential dwelling (and an associated outbuilding) surrounded by grassland currently utilised for grazing.

The property at 596 Tea Tree Road, Tea Tree is zoned Rural and currently accommodates the Tea Tree Community Hall and associated outdoor public use area.

The land surrounding the site is zoned Agriculture to the south, Rural to the east and Utilities to the north where it adjoins the State Rail Network.

Areas of the site are subject to the Bushfire-Prone Areas Code, Landslip Hazard Code and the Natural Assets Code overlays.

The property at 594 Tea Tree Road, Tea Tree is not connected to reticulated water or sewer. The property at 596 Tea Tree Road, Tea Tree is not connected to sewer, however is connected to a reticulated water service. Both properties are serviced by existing onsite waste water systems.

(a) The proposal was referred to TasWater under sections 56S and 56O of the Water and Sewerage Industry Act 2008. In response TasWater advised that it does not object to the proposal and does not need to attend any hearing.

(b) Several other relevant State Agencies were notified of the proposal and provided responses to the planning authority.

(c) TasNetworks and the Department of Natural Resources and Environment Tasmania advised that they had no objection to the proposal.

(d) TasRail advised the planning authority that developments that are adjacent to the State rail corridor, should comply with TasRail's standard notes.

(e) No other representations were received during the exhibition period.

Planning authority's response to the representations

The planning authority considered the representations and recommended that:

(a) the representations do not warrant modifications to the draft amendment, and

(b) the draft permit be modified to attach and include reference to TasRail's Standard Notes.

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 Tasmanian Planning Scheme - Brighton Local Provisions Schedule (LPS) and the representations, statements and recommendations contained in the planning authority's section 40K report, any information obtained at a hearing, and any technical matters.
2. Under section 40L(2) of the Act, the Commission dispensed with holding a hearing as the representor (TasRail) notified the Commission they did not wish to attend the 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. Where relevant, these matters are discussed in the sections below.

1. The relevant regional strategy is the Southern Tasmania Regional Land Use Strategy (regional strategy).
2. In the planning authority's report supporting the draft amendment (supporting report) dated 17 June 2025, it provided an assessment against the relevant policy statements of the regional strategy.
3. The planning authority submitted that the draft amendment meets the policies of the regional policy as it will provide appropriate zoning which allows for high quality social infrastructure to occur in an accessible location.
4. The applicant submitted an Agricultural Assessment and Compliance Report (agricultural assessment) prepared by Pinion Advisory, dated 19 May 2025 to support the draft amendment. The agricultural assessment reviewed the current agricultural usage of the site and the surrounding area in relation to the land capability and land classification.
5. The agricultural assessment identified the site as constrained for agricultural use due to its soils, erosive characteristics and complex topography.
6. The agricultural assessment concluded that the proposal:

(a) will allow the property at 594 Tea Tree Road, Tea Tree, to continue to be managed for agricultural activity at the current scale and intensity; and

(b) is anticipated to have negligible impacts on the capability of the land for agricultural use.

1. Productive Resources regional policy PR 2.5 of the regional strategy states:

PR 2.5 Provide flexibility for commercial and tourism uses provided that long-term agriculture potential is not lost and does not further fetter surrounding agricultural land.

2. The planning authority considered that regional policy PR 2.5 was relevant to the draft amendment and stated that:

As outlined in the submitted Agricultural Assessment and Compliance Report [agricultural assessment], the amendment will not fetter the use of surrounding agricultural land. The proposal is therefore considered to be consistent with the strategic intent of both community development and agricultural land protection.

1. The Commission is satisfied with the justification of the planning authority.
2. The Commission is persuaded that the draft amendment is consistent with policy PR 2.5 of the regional strategy as it will allow the existing agricultural activity of 594 Tea Tree Road, Tea Tree to continue.
3. The Commission finds that the draft amendment is, as far as practicable, consistent with the regional strategy.

1. The relevant strategic plan is the Brighton Council Strategic Plan 2023-2033 (strategic plan).
2. The planning authority considered in its supporting report that the draft amendment is consistent with the following strategies of the strategic plan:

1.2 Build resilience and opportunity > > 1.3 Ensure attractive local areas that provide social, recreational and economic opportunities > > 1.4 Community facilities are safe, accessible and meet contemporary needs > > 1.5 Advocate and facilitate investment in our region > > 1.6 Ensure strong engagements and relationships to shape the agenda and advocate for our community

3. The planning authority referred to the Brighton Structure Plan 2018 (structure plan) and considered that the draft amendment provides for a community facility that may host festivals and pop-up exhibitions within the Brighton municipality, in alignment with Strategy 25 of the structure plan.
4. The planning authority also referred to the Brighton Social Infrastructure Plan 2023 (social infrastructure plan) and considered that the draft amendment is consistent with the following priority actions of the social infrastructure plan:

Action 06 Increase opportunities for the community to participate in cultural and creative activities > > Action RE01 Opportunities to increase local cultural practice through programs with vineyards and 'public-facing' rural-commercial to encourage events and cultural creation - as well as stimulate the local economy. Consider partnership with rural community organisations to drive funding for events in the region and identify opportunities to consolidate and promote existing cultural offerings.

1. The Commission agrees with the justification from the planning authority. The Commission considers that the draft amendment has regard to the strategic plan.

1. In its supporting report, the planning authority stated that:

It is considered that 596 Tea Tree Road and 4,401 sqm of adjoining land at 594 Tea Tree Road could be consolidated to form a new lot for the Tea Tree Community. The newly created lot from the boundary adjustment would have a split zoning of Rural and Agriculture under the Tasmanian Planning Scheme - Brighton, which is not ideal for future expansion of activities as the Community Meeting and Entertainment use class is prohibited within the Agricultural Zone. > > To support the long-term use of the site, it is recommended rezoning the land to Community Purpose.

1. The planning authority provided an assessment on whether the zone is appropriate for the site against the Section 8A Guideline No. 1 - Local Provisions Schedule (LPS): zone and code application (the guidelines).
2. The planning authority considered that the site is inappropriate for the Rural Zone as the ongoing use as a community hall does not align with the purpose of the Rural Zone which is primarily intended to support agricultural and rural activities.
3. The planning authority noted that, according to the LISTMAP data, the portion of the site at 596 Tea Tree Road, Tea Tree is identified as being potentially constrained (Criteria 2A) for inclusion within the Agriculture Zone, further supporting its unsuitability for Rural zoning.
4. The planning authority further considered the appropriateness of applying the Agriculture Zone to the site. It considered that the site is inappropriate for the Agricultural Zone as the:
   • portion of the site at the east of 596 Tea Tree Road, Tea Tree has not been used for agricultural purposes, and
   • site has limited agricultural potential due to its capability classification and size.
5. The planning authority considered that the application of the Community Purpose Zone is appropriate for the site as it better reflects the existing and intended use of the land.
6. The agricultural assessment by Pinion Advisory stated that:

There is no agricultural activity undertaken on the subject property at 596 Tea Tree Road (TR:164781/1). This title is best considered and assessed under the provisions of the Tasmanian Planning Scheme - Community Purpose Zone. > > The 594 Tea Tree Road (TR: 182250/1) property is currently utilised for low intensity, dryland pastoral use (livestock grazing) on semi-improved and unimproved pasture. A small beef cattle finishing enterprise is currently operating on the subject property and consists of approximately 7 steers. The landowner intends to maintain the enterprise at the current level of intensity and scale. On the far northwestern corner, as would be covered by the proposed Lot 2 is currently utilised as car parking area for the 596 Tea Tree Road (TR: 164781/1) (as per Tea Tree Community Hall).

1. The Commission agrees with the justification provided by the planning authority.
2. The Commission finds that the Community Purpose Zone is appropriate for the site.

State Policy on the Protection of Agricultural Land 2009

1. The planning authority's supporting report considered that the draft amendment is consistent with the State Policy on the Protection of Agricultural Land 2009 (PAL Policy) for the following reasons:
   • the site is not identified as prime agricultural land
   • the agricultural assessment identified that the draft amendment will not result in any conflict with, interference to, existing agricultural activities on adjoining land
   • the agricultural assessment concluded that the draft amendment will not adversely impact on the current or future agricultural use of the remaining land at 594 Tea Tree Road, Tea Tree.

1. The Commission is persuaded that the supporting report was informed by a suitably qualified person and demonstrated that the site is not prime agricultural land and that the draft amendment is consistent with the PAL Policy.
2. The Commission considers that the draft amendment will not restrict the remaining land at 594 Tea Tree Road, Tea Tree from continuing to be managed for agricultural activity at its current scale.
3. The Commission finds that the draft amendment is consistent with the PAL Policy.

1. In its supporting report the planning authority submitted that the site is not within 1km of a high-water mark and therefore the State Coastal Policy 1996 is not applicable.

State Policy on Water Quality Management 1997

1. In its supporting report, the planning authority considered that the draft amendment is not impacted by the State Policy on Water Quality Management 1997.

1. The Commission agrees with the planning authority and notes that water quality management measures can be applied to potential future development where appropriate. The Commission finds that the draft amendment is consistent with the State Policy on Water Quality Management 1997.

1. In its supporting report, the planning authority submitted that the draft amendment does not create any conflict to the National Environmental Protection Measures on variety of environmental matters as prescribed by the National Environment Protection Council Act 1994.

1. The Commission agrees with the planning authority and finds that the draft amendment is not inconsistent with requirements for National Environment Protection Measures.

In its supporting report, the planning authority considered that the draft amendment furthers the objectives of the Act as:

(a) the draft amendment facilitates more effective and efficient use of the land

(b) the application of the Community Purpose Zone will promote better opportunities and uses of the hall, and

(c) the land to be rezoned is not suitable for agricultural uses.

1. The Commission agrees with the planning authority's submission and finds that the draft amendment seeks to further the objectives of the Resource Management and Planning System at Schedule 1 of the Act.

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 Commission makes the following modifications to the draft amendment:

(a) amend the draft amendment mapping to include adjacent road casement to comply with Commission drafting practices

(b) amend the title references to provide clarity and to align with the Commission's drafting practices.

1. The modification to the draft amendment is outlined in Annexure A.

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

1. Under section 42A of the Act, the Commission must consider the permit and, under section 42B, review the planning authority's decision as reported under section 42.
2. In this application, the permit sought is for a subdivision (reorganisation of boundaries) in the area of the land rezoned Community Purpose. As such the development application must be considered against the applicable standards in the Community Purpose Zone and applicable codes in the State Planning Provisions.

Assessment against the provisions of the planning scheme

1. Both the applicant and planning authority provided an assessment of the proposal against the planning scheme provisions in their reports.
2. The site is in the Community Purpose Zone and the proposal is subject to the Bushfire-Prone Areas Code, Natural Assets Code (priority vegetation area) overlays. The Commission in reviewing the planning authority's assessment considers the proposal meets the relevant zone and code acceptable solutions, with the exception of those discussed in further detail below.

Development standards - clause 21.5.1 Lot Design A1/P1

1. In its supporting report, the planning authority submitted that the proposed subdivision complies with clause 25.5.1 P1 relating to lot design, as the proposal:

(a) does not diminish the agricultural productivity of the site, specifically Lot 2

(b) does not create Agriculture zoned lots less than 1ha

(c) ensures existing buildings are consistent with the setback requirements of clause 21.4.2 A1 and A2

(d) allows lots to maintain sufficient road frontage to support the intended uses, and

(e) does not create any additional lots.

1. The Commission accepts the submission and agrees with the planning authority that the performance criteria is satisfied.

Development standards - clause 27.5.1 Lot Design A1/P1

1. In its supporting report, the planning authority submitted that the proposed subdivision complies with clause 27.5.1 P1 relating to lot design, as the proposed Community Purpose zoned lot:

(a) enables future development compliant with the relevant development standards i.e. clause 27.4.2 - Setback

(b) is not constrained by topography or the presence of natural hazards

(c) has adequate provision of private open space

(d) has a pattern of development consistent with the established adjacent properties.

1. The Commission accepts the submission and agrees with the planning authority that the performance criteria is satisfied.

Development standards - clause 27.5.2 Services (On-site waste water treatment) A2/P2

1. In its supporting report, the planning authority submitted that the proposed subdivision complies with clause 27.5.2 P2 relating to services (on-site waste water treatment), as the proposed Community Purpose zoned lot:

(a) will continue to utilise the existing onsite waste water treatment system, and

(b) is expanded in size to provide more opportunity to accommodate an appropriate system where future development of the Community Hall may occur.

1. The Commission accepts the submission and agrees with the planning authority that the performance criteria is satisfied.

Development standards - clause 27.5.2 Services (On-site stormwater management) A3/P3

1. In its supporting report, the planning authority submitted that the proposed subdivision complies with clause 27.5.2 P3 relating to services (on-site waste water management), as the proposed Community Purpose zoned lot will continue to utilise the existing onsite stormwater drainage system.
2. The Commission accepts the submission and agrees with the planning authority that the performance criteria is satisfied.

1. The Commission agrees with the planning authority that the proposal, subject to the modifications identified at Annexure A, complies with the relevant provisions of the Tasmanian Planning Scheme - Brighton.

1. The Commission finds that the draft permit furthers the Objectives at Schedule 1 of the Act.

1. The draft permit prepared by the planning authority includes conditions relating to easements, endorsed plans, bushfire hazard management, services and construction amenity.

1. The Commission considers that the section of Condition 3 entitled 'Advice', is not considered as advice and is to be included as part of the substantive condition, as set out in Annexure B.

1. The Commission notes that the Bushfire Hazard Management Report prepared by Bushfire Wise dated December 2024, submitted by the applicant to support the proposal, does not reflect onsite circumstances in relation to the site's water supply.
2. Subsequent to the planning authority's section 40K report, TasWater has confirmed that the site is connected to a reticulated water supply.
3. The Commission considers that Condition 9 of the draft permit ought to be modified to require that an amended Bushfire Hazard Management Plan be provided to Council, as set out in Annexure B.

1. The Commission modifies the conditions attached to the permit granted by the planning authority, as described above, and as contained in Annexure B of the decision.

Modified amendment RZ 2025/01, Tasmanian Planning Scheme - Brighton

1. Amend the planning scheme maps to rezone:
   • 596 Tea Tree Road, Tea Tree, folio of the Register 164781/1 and the adjacent road reserve from Rural to Community Purpose; and
   • part of 594 Tea Tree Road, Tea Tree, folio of the Register 182250/1 and the adjacent road reserve from Agriculture to Community Purpose,

Figure A: Application of Community Purpose Zone to land at Tea Tree Road, Tea Tree

1. The subdivision layout or development must be carried out substantially in accordance with the application for planning approval, the endorsed drawings and with the conditions of this permit and must not be altered or extended without the further written approval of Council.
2. Where a conflict occurs between the application for planning approval, the endorsed drawings and conditions of this permit, the latter prevails.

1. *Easements must be created over all drains, pipelines, wayleaves and services in accordance with the requirements of the Council's Municipal Engineer. The cost of locating and creating the easements shall be at the subdivider's full cost.

A Right of Way must be provided over the existing vehicle access on Lot 1 to the benefit of Lot 2 to provide legal access to the lot.

1. The final plan of survey must be annotated that Council cannot and or will not provide a means of stormwater drainage to all lots on the plan of survey.

1. A final approved plan of survey and schedule of easements as necessary, together with two (2) copies, must be submitted to Council for sealing for each stage. The final approved plan of survey must be substantially the same as the endorsed plan of subdivision and must be prepared in accordance with the requirements of the Recorder of Titles.
2. Prior to Council sealing the final plan of survey for each stage, security for all outstanding works and maintenance required by this permit must be lodged with the Brighton Council. The security must be in accordance with section 86(3) of the Local Government (Building & Miscellaneous Provisions) Council 1993. The amount of the security shall be determined by the Council's Municipal Engineer in accordance with Council Policy 6.3 following approval of any engineering design drawings and shall not be less than $5,000.
3. All conditions of this permit, including either the completion of all works and maintenance or payment of security in accordance with this permit, must be satisfied before the Council seals the final plan of survey for each stage. It is the subdivider's responsibility to notify Council in writing that the conditions of the permit have been satisfied.
4. A subdivider must pay any Titles Office lodgment fees direct to the Recorder of Titles.

1. *Prior to Council sealing the final plan of survey the developer is to provide to Council an amended Bushfire Hazard Report, to the satisfaction of Council's Director of Development Services, recognising that the site is connected to a reticulated water supply. When approved by Council, the amended Bushfire Hazard Management Report will form part of this permit.
2. Prior to Council sealing the final plan of survey the developer is to provide to Council written confirmation from a suitably qualified person that all the requirements of the amended bushfire hazard management plan have been complied with.

1. The Subdivider must pay the cost of any alterations and/or reinstatement to existing services, Council infrastructure or private property incurred as a result of the proposed subdivision works. Any work required is to be specified or undertaken by the authority concerned.
2. Any existing services shared between lots are to be separated to the satisfaction of Council's Municipal Engineer.
3. Property services must be contained wholly within each lot served or an easement provided in accordance with the requirements of the responsible authority and to the satisfaction of Council's Municipal Engineer.

1. The development must only be carried out between the following hours unless otherwise approved by the Council's General Manager;
   • Monday to Friday 7:00 AM to 6:00 PM
   • Saturday 8.00 AM to 6:00 PM
   • Sunday and State-wide public holidays 10.00AM to 6:00 PM.
2. All works associated with the development of the land must be carried out in such a manner so as not to unreasonably cause injury to, or unreasonably prejudice or affect the amenity, function and safety of any adjoining or adjacent land, and of any person therein or in the vicinity thereof, by reason of -emission from activities or equipment related to the use or development, including noise and vibration, which can be detected by a person at the boundary with another property; and/or transport of materials, goods or commodities to or from the land; and/or appearance of any building, works or materials.
3. Any accumulation of vegetation, building debris or other unwanted material must be disposed of by removal from the land in an approved manner. No burning of such materials on-site will be permitted unless approved in writing by the Council's General Manager.
4. Public roadways or footpaths must not be used for the storage of any construction materials or wastes, for the loading/unloading of any vehicle or equipment; or for the carrying out of any work, process or tasks associated with the subdivision during the construction period.

(a) This permit does not imply that any other approval required under any other legislation or by-law has been granted.

(b) This permit does not take effect until all other approvals required for the use or development to which the permit relates have been granted.

(c) Any occupation or works within the road reservation, footpath, nature strip or road require prior approval via a works in the road reservation permit available from the Councils website.

(d) All development must be carried out in accordance with the TasRail Standard Notes dated May 2024, attached to this permit.

*permit conditions modified by the decision of the Tasmanian Planning Commission dated 17 November 2025