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

The draft amendment proposes to rezone part of 584 Main Road, Granton from Particular Purpose Zone - Future Road Corridor to General Residential.

The site at 584 Main Road, Granton is contained on one title (General Law deed 37/5784) and has an area of 2.96ha. The site is part of an undeveloped lot located adjacent to existing residential development at Granton. The site adjoins Brooker Highway to the west and Main Road and the railway corridor to the east. The site is accessed through a long access strip from the primary frontage to Main Road.

The area to be rezoned is approximately 3,174m2 in area and sits adjacent to the Brooker Highway.

Surrounding land is zoned General Residential to the north, east and south, and Utilities (Brooker Highway) to the west.

Part of the site, including the whole of the area proposed for rezoning, is within an unmapped road or railway attenuation area associated with Brooker Highway to the west.

The site can be serviced by reticulated water, sewer and stormwater infrastructure.

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 it had no objection to the draft amendment and did not wish to attend a hearing.

The planning authority advised that no other representations about the draft amendment were received.

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. Under section 40L(2) of the Act, the Commission dispensed with holding a hearing as the representor notified the Commission it did not wish to attend a hearing.
3. The Commission must also consider whether the draft amendment meets the following 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. During assessment of the Glenorchy draft Local Provisions Schedule (draft LPS), a similar request was made to rezone the same part of the site to General Residential. In its decision on the draft LPS dated 11 June 2021, the Commission determined the site should remain in the current Particular Purpose and General Residential zones. The following comments made in response to the request were included in the draft LPS decision:

The Commission acknowledges the representor's submission; however, considers that insufficient evidence has been provided:

• to justify the removal of the Particular Purpose Zone and the application of the General Residential Zone; and
• regarding contamination of the site at 584 Main Road, Granton.

1. Where relevant, these matters are discussed in the sections below.

1. The relevant regional land use strategy is the Southern Tasmania Regional Land Use Strategy 2010-2035 (regional strategy).
2. Both the supporting planning report by Red Seal Urban and Regional Planning and the planning authority's supporting report provided an assessment against the relevant strategic policies in the regional strategy. The planning authority's report submitted that the amendment is consistent with the regional strategy because:
   • the land is a greenfield site located within the urban growth boundary
   • the proposed rezoning would contribute to the stock of greenfield urban land and facilitate achievement of urban densities of a minimum of 15 dwellings per hectare in line with the Regional Settlement Strategy, and
   • the proposed rezoning would assist Glenorchy to reach its greenfield development targets at appropriate density levels.
3. In addition, the planning authority's report also noted that Guideline No. 1 - Local Provisions Schedule (LPS): zone and code application (Guideline No. 1) requires a Precinct Structure Plan to support the application of a 'higher-order urban zone' unless a concurrent development application has been submitted. The planning report submitted that the area of land to be rezoned is only 3,261m2, does not constitute a 'precinct', and is already in a serviced suburban area.

1. The Commission is satisfied the assessment undertaken by the applicant and the planning authority demonstrates the draft amendment is consistent with relevant strategic policies of the regional strategy. The land is within the regional strategy's urban growth boundary and forms part of a larger lot that is already zoned General Residential. The Commission accepts it is not necessary in this instance for a precinct structure plan to be provided as ordinarily required by Guideline No. 1. Guideline No. 1 assists with the uniform application of zones and overlays to land, however, the draft LPS is ultimately assessed against the LPS criteria at section 34(2) of the Act. Any evidence that a draft amendment is otherwise consistent with the regional strategy may result in a decision that is different to the statements/principles of Guideline No. 1.
2. The Commission finds the draft amendment is, as far as practicable, consistent with the regional strategy.

1. The planning authority's supporting report considered that the draft amendment aligns with several of the Glenorchy Strategic Plan 2023-2032 objectives and strategies that implement the goals of the City of Glenorchy Community Plan 2015-2040.
2. The planning authority submitted that the rezone would allow for optimised use of land for housing in an area provided with transport options, community services, and infrastructure services. The planning authority contended this outcome aligns with objectives and strategies to deliver the community goals of making lives better, being open for business, leading of the community, and to value the environment.

1. The Commission considers that the draft amendment has had regard to the strategic plan prepared under section 66 of the Local Government Act 1993 and is consistent with it.

1. The planning authority's supporting report submitted that the draft amendment will rezone a small area of land that is no longer required for the Brooker Highway expansion.
2. Appendix C of the applicant's planning report provided an email from the Department of State Growth, dated 8 September 2020, advising that the Particular Purpose Zone on the property is not required for any future road widening related to the Bridgewater Bridge. The Department of State Growth supported the rezoning of the land to General Residential.
3. The planning authority's supporting report submitted that the area of land to be rezoned is suitable for residential use and development. It noted the existing zoning constrained the use of the land and that the rezoning to General Residential is consistent with the zoning of the remainder of the site and surrounding area. Furthermore, the planning authority stated the General Residential Zone would support future development of housing.
4. The planning authority submitted that site contains no priority vegetation and that the rezoning would have no negative local environmental impacts. The planning authority noted that part of the site is subject to the flood-prone hazard area overlay and that any future use and development of the affected land would need to comply with the Flood-Prone Areas Hazard Code.
5. As discussed, the land is within an unmapped road or railway attenuation area associated with Brooker Highway and is subject to traffic noise. The planning authority submitted that C3.0 Road and Railway Assets Code provides controls to ensure conflict between the Highway and residential use is managed, including that the impact of traffic noise on residential amenity is minimised.
6. The Commission's decision on the draft LPS considered that insufficient evidence had been provided on contamination of the site.
7. Consequently, the applicant for the proposed rezoning submitted a Preliminary Site Investigation report prepared by GEO-Environmental Solutions (site investigation report) to address any doubt about whether the land was contaminated.
8. The site investigation report provided the following information gathered during a desktop investigation:
   • The site is zoned General Residential under the Tasmanian Planning Scheme in the municipality of Glenorchy. The Glenorchy City Council confirmed it does not hold any records relating to potentially contaminating activities at the site or on adjacent properties.
   • The site is sloping down towards the southeast and is situated from 15 to 25m above sea level. The site is underlain by Triassic and Quaternary sediments. The Hillshade LiDAR (Light Detection and Ranging) basemap confirmed surface drainage may have been altered once the construction of the Brooker Highway was completed, and the site has never had any major earthworks undertaken.
   • LISTmap confirmed that the site does not have acid sulfate soils or sensitive vegetation.
   • Historical aerial photographs confirmed the site was farmland used for grazing purposes for over 60 years. A farmhouse on the land was removed in about 1975 and the Brooker Highway was constructed by 1985.
   • No sources of contamination or areas of potential concern have been identified. No contaminants of potential concern are likely to be present at the site.
9. The site investigation report considered that any planned works or future land use would not adversely impact human health or the environment.

1. The Commission accepts the expert evidence that no sources of contamination have been identified on the site.
2. The Commission otherwise considers the land is suitable for residential use and development, and that the rezoning will allow for currently vacant land that adjoins existing residential use to be developed for residential purposes as part of the larger lot.

State Policies and Resource Management and Planning System Objectives

State Policy on the Protection of Agricultural Land 2009

1. The site is not Agricultural land as defined in the State Policy. The draft amendment is consistent with the State Policy on the Protection of Agricultural Land 2009.

State Policy on Water Quality Management 1997

1. The planning authority's supporting report submitted that urban stormwater can be appropriately managed through on-site and off-site infrastructure. The draft amendment is consistent with the State Policy on Water Quality Management 1997.

National Environment Protection Measures (NEPM)

1. The site contamination NEPM is relevant to the draft amendment. As discussed, the site investigation report by Geo-Environmental Solutions found no evidence of site contamination.

1. The planning authority submitted that:
   • The land is approximately 390m from the high water mark. No specific natural or cultural coastal values are identified on the site, which lies entirely outside the overlays for the C6.0 Local Historic Heritage Code, C7.0 Natural Assets Code, C8.0 Scenic Protection Code, C10.0 Coastal Erosion Hazard Code and C11.0 Coastal Inundation Hazard Code.
   • The proposed rezoning will enable more efficient use and development of the land, supporting sustainable development goals. Any future development will be subject to the State Planning Provisions, which contribute to the integrated management and protection of the land.

1. The Commission notes that the 'Coastal Zone', as defined in the State Coastal Policy 1996 (Coastal Policy), includes all land to a distance of 1km inland from the high-water mark. The site is located within 1km of the high-water mark along the River Derwent as shown on the LISTmap Coastline layer, which depicts the mean high-water mark. The Coastal Policy therefore applies.
2. As the part of the site to be rezoned is further inland than the existing General Residential-zoned land, the Commission considers that the draft amendment is consistent with the Urban and Residential Development policies of the Coastal Policy.
3. The Commission therefore finds the draft amendment is consistent with the Coastal Policy.

1. The supporting planning report by Red Seal Urban and Regional Planning and the planning authority's contended the draft amendment would further the objectives of the Resource Management and Planning System at Schedule 1 of the Act.

1. The Commission agrees with the submissions of the applicant and the planning authority and finds that the draft amendment would further the objectives in Schedule 1 of the Act.

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

Approved amendment PLAM-25-02 - Tasmanian Planning Scheme - Glenorchy