The draft amendment is approved under section 40Q of the Land Use Planning and Approvals Act 1993.

On 2 April 2025, the Commission decided to modify the Derwent Valley draft Local Provisions Schedule (LPS). The Derwent Valley LPS (as modified) became effective on 14 May 2025.

As part of its 2 April 2025 decision, the Commission also found that the draft LPS required substantial modification and accordingly, under section 35KB of the Act, the Commission directed the planning authority to prepare a draft amendment to the Derwent Valley LPS and to submit the draft amendment to the Commission after the LPS came into effect.

The subject draft amendment, prepared in response to the Commission's direction, is the only draft amendment to the Derwent Valley LPS arising from the assessment of the draft LPS.

The Derwent Valley planning authority (the planning authority) has publicly exhibited the draft amendment in accordance with section 40G and provided the Commission with a letter sufficient to meet the section 40K requirements.

During assessment of the draft LPS, the planning authority advised that 37 Benjamin Terrace, New Norfolk folios of the Register 54806/23 and 54806/24 (owned by Homes Tasmania) were maintained by the Council as public open space. The planning authority had therefore applied the Open Space Zone to the land in the exhibited version of the draft LPS.

Although no legal agreement to use the land as public open space existed, Homes Tasmania advised it was prepared to allow the existing recreational use to continue, but that it reserved the right to use the land for housing in future if its use for recreational purposes ceased.

Homes Tasmania submitted the lots were suitable for residential use and development but were not intended to be developed by Homes Tasmania soon. Homes Tasmania requested the General Residential Zone be applied to reflect this intent. The land was zoned General Residential Zone in the Derwent Valley Interim Planning Scheme 2015 (the interim planning scheme).

The exhibited version of the draft LPS (and the current version of the zones, see Figure 1) also proposed to reconfigure the General Residential and Open Space zones applied in the interim planning scheme to the adjoining recreation park at Benjamin Terrace, New Norfolk folio of the Register 38452/1, the footway at folio of the Register 37671/501, and Warner Avenue, New Norfolk folio of the Register 59378/49.

During assessment of the draft LPS, the planning authority noted the Recreation Play and Public Open Space Strategy, May 2020 by Leisure Planners (the POS strategy) did not recognise the lots at 37 Benjamin Terrace were owned by Homes Tasmania rather than the Council.

Consequently, the planning authority advised the POS strategy required review. Furthermore, the planning authority noted in the draft LPS Supporting Report that the New Norfolk Structure Plan - Final Report, Emma Riley and Associates, September 2016 (the Structure Plan) was outdated and required review before its local strategy was able to support any changes to the zones, which had been proposed.

In response, the planning authority was supportive of the General Residential Zone and Open Space Zone being applied to the land in the configuration of the zones applied in the interim planning scheme. The Commission approved the draft LPS and directed the planning authority to prepare subject draft amendment.

The draft amendment proposes to revise the zoning of:

• 37 Benjamin Terrace, New Norfolk folios of the Register 54806/23 and 54806/24 (owned by Homes Tasmania) from Open Space to General Residential
• Benjamin Terrace, New Norfolk folio of the Register 38452/1 (owned by Derwent Valley Council) from part General Residential and part Open Space to General Residential
• the footway at folio of the Register 37671/501 (owned by Derwent Valley Council) from Open Space to General Residential
• Warner Avenue, New Norfolk folio of the Register 59378/49 (owned by Derwent Valley Council) from part General Residential and part Open Space to Open Space, and
• the adjoining roads to General Residential and Open Space to the road centrelines as shown in Figure 2 below:

Number 37 Benjamin Terrace folios of the Register 54806/23 and 54806/24, are owned by Homes Tasmania and used as public open space. The land contains Council park infrastructure, including children's play equipment. The two sites are rectangular, and each have an area of approximately 700m2 with frontage to Benjamin Terrace.

Benjamin Terrace, New Norfolk folio of the Register 38452/1 is located to the rear of 37 Benjamin Terrace folios of the Register 54806/23 and 54806/24 and has a small access strip with frontage to Benjamin Terrace. The land also has frontage to Graham Court via a footway, folio of the Register 37671/501, which provides a secondary public access. Warner Avenue, New Norfolk folio of the Register 59378/49 contains public open space and links folio of the Register 38452/1 with Warner Avenue.

Lots to the east, west and south of the site is zoned General Residential. Land adjoining the western boundary of the site on Benjamin Terrace is zoned Local Business and contains a local shop.

All the subject land is free of native vegetation and is managed by the Derwent Valley Council as a continuous area of public open space.

The draft amendment was referred to TasWater under section 56S of the Water and Sewerage Industry Act 2008. In response TasWater made a representation stating no objection to the draft amendment and that it did not wish to attend any hearing.

No other representations were received in relation to the draft amendment.

Planning authority's response to the representations

The planning authority did not recommend any modification to the draft amendment.

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 LPS and the representations, statements and recommendations contained in the planning authority's section 40K report and any information obtained at a hearing.
2. No opposing representations were received, and the Commission dispensed with a hearing in accordance with section 40L(2) of the Act.
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. In its approval of the draft LPS the Commission determined that it met the LPS criteria. As part of that decision, it follows that the Commission also established that the directed modifications to the LPS through section 35KB were also consistent with the LPS criteria.

1. The Commission agrees the General Residential and Open Space zones should be applied to the land as identified in the draft amendment for the following reasons:
   • 37 Benjamin Terrace, New Norfolk, folio of the Register 54806/23 and 54806/24 is owned by Homes Tasmania and is intended to be used and developed for residential purposes in future,
   • Warner Avenue, New Norfolk folio of the Register 59378/49 is owned by Derwent Valley Council and identified as 'Public Recreation Space' on the land title, and
   • the current configuration of the zones are not supported by the public open space strategy or the Structure Plan.
2. The Commission notes the use of the land for a playground (Passive Recreation) is 'No Permit Required' in the General Residential Zone.

1. The Commission is satisfied that the draft amendment meets the LPS criteria and gives its approval.

Approved amendment 2025-01 to the Tasmanian Planning Scheme - Derwent Valley

Apply the General Residential and Open Space zones at Benjamin Terrace and Warner Avenue, New Norfolk as shown in Figure 1 below:

Figure 1 - Application of the General Residential and Open Space zones at Benjamin Terrace and Warner Avenue, New Norfolk