Planning scheme Tasmanian Planning Scheme - Latrobe

Amendment 1-2023 - Apply the Rural Living Zone to multiple properties at Port Sorell, Shearwater and Squeaking Point and apply the priority vegetation area overlay to 200 Parkers Ford Road and 111 Milldam Road, Port Sorell and 345 Squeaking Point Road, Thirstlane.

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.

On 16 March 2023, the Commission decided to modify the draft Latrobe Local Provisions Schedule (draft LPS). The Latrobe LPS (as modified) became effective on 10 May 2023.

As part of its 10 May 2023 decision, the Commission found that the draft LPS required substantial modification and accordingly, under section 35KB of the Land Use Planning and Approval Act (the Act), the Commission directed the planning authority to prepare a series of draft amendments to the Latrobe LPS and to submit the draft amendments to the Commission after the LPS came into effect.

This draft amendment is one of nine draft amendments to the Latrobe LPS prepared in response to the Commission's direction. The Latrobe planning authority has publicly exhibited the draft amendment in accordance with section 40G and provided the Commission with its section 40K report.

1. Apply the Rural Living Zone D to the following properties:
   • 10 Charles Street, Squeaking Point folio of the Register 10582/2;
   • 24 Charles Street, Squeaking Point folio of the Register 10582/3;
   • 32 Charles Street, Squeaking Point folio of the Register 10582/4;
   • 39 Charles Street, Squeaking Point folio of the Register 66812/2;
   • East Glen, Port Sorell folio of the Register 34572/3;
   • 83 Gardams Road, Port Sorell folio of the Register 117647/1;
   • Gardams Road, Port Sorell folio of the Register 146335/1;
   • 110 Hawk Hill Road, Shearwater folio of the Register 30184/3;
   • 93 Milldam Road, Port Sorell folio of the Register 21090/1;
   • 111 Milldam Road, Port Sorell folio of the Register 236837/1;
   • 185 Milldam Road, Port Sorell folio of the Register 43520/1;
   • 201 Milldam Road, Port Sorell folio of the Register 233672/1;
   • 209 Milldam Road, Port Sorell folio of the Register 7172/3;
   • 160 Parkers Ford Road, Port Sorell folio of the Register 132783/2;
   • 168 Parkers Road, Port Sorell folio of the Register 9398/3;
   • 200 Parkers Ford Road, Port Sorell folio of the Register 213993/1;
   • 238 Parkers Ford Road, Port Sorell folio of the Register 20974/1;
   • 241 Parkers Ford Road, Port Sorell folio of the Register 156549/1;
   • Parkers Ford Road, Port Sorell folio of the Register 229447/1;
   • 345 Squeaking Point Road, Thirstlane folio of the Register 227658/1 and part of the adjoining reserved road;
   • 257 Woodbury Lane, Squeaking Point folio of the Register 66827/1;
   • 264 Woodbury Lane, Squeaking Point folio of the Register 10716/1;
   • 290 Woodbury Lane, Squeaking Point folio of the Register 10582/1;
   • part of the reserved road adjoining the boundaries of 200 Parkers Ford Road, Port Sorell folio of the Register 213993/1;
   • the reserved road adjoining the boundaries of 111 Milldam Road, Port Sorell folio of the Register 236837/1, 83 Gardams Road, Port Sorell folio of the Register 117647/1 and Gardams Road folio of the Register 146335/1; and
   • adjoining public roads to the road centreline.
2. Apply the Natural Assets Code - priority vegetation area overlay to 200 Parkers Ford Road and 111 Milldam Road, Port Sorell and 345 Squeaking Point Road, Thirstlane.

For 200 Parkers Ford Road and 345 Squeaking Point Road, the priority vegetation area overlay is to be inserted as a new overlay, and for 111 Milldam Road the overlay already applies, and it is proposed to revise the overlay.

The land subject to the draft amendment comprises 5 clusters (see Figure 1 below).

The northern cluster includes 110 Hawk Hill Road and East Glen (folio of the Register 34572/3), Port Sorell. Both properties are zoned Rural, but the access strip for folio of the Register 34572/3 is split zoned Rural Living Zone A. This land is significantly vegetated and has a sloping topography with higher elevations to the east.

Parkers Ford Road (folio of the Register 229447/1), Port Sorell is zoned Rural, and is covered entirely by vegetation and borders the Panatana Rivulet to the east. It is surrounded by properties zoned Rural Living Zone A. The Natural Assets Code - priority vegetation area overlay applies to the entire site, and the waterway and coastal protection area overlay applies to a small watercourse crossing the site.

The eastern cluster which includes properties at Gardams Road, 111 Milldam Road, and 110 Panatana Drive, Port Sorell are all zoned Rural. The land is partly cleared, and the priority vegetation area overlay applies to some of the vegetated parts of the site. The southern portion of the land is generally flat, but it inclines significantly to the north with higher elevations comprising the 'Browns Lookout' hill landform. The surrounding land is zoned Rural Living A and the Panatana Rivulet is to the north.

The cluster at Parkers Ford Road comprises approximately 7 titles, which are zoned either Rural or Agriculture. 200 Parkers Ford Road is zoned Agriculture and is mostly cleared land used for grazing and has existing vegetation along the western boundary which follows Panatana Rivulet watercourse. The priority vegetation area overlay applies to nearly all of 241 Parkers Ford Road, which is more sparsely vegetated. This title is zoned Agriculture.

Finally, the southern cluster includes 345 Squeaking Point Road, which is zoned Agriculture and is mostly cleared and used for grazing and borders the creek to the west. The Woodbury Road titles included in this cluster are all zoned Rural and they are mostly cleared, and all accommodate an existing dwelling and ancillary hobby farm type uses.

Figure 1: Location of properties proposed for inclusion in the Rural Living Zone D.

Seven representations were received during the exhibition period.

All the representations supported application of the Rural Living Zone to the properties in the draft amendment.

One representation supported the application of the Rural Living Zone D, raised concern with the notification process and did not support a new road, or more traffic.

Six representations submitted that the Rural living Zone A was more appropriate than Rural Living Zone D.

One representation was in support of the proposed spatial extent of the priority vegetation area overlay to their property.

Two representations requested reconsideration of the spatial extent of the priority vegetation area overlay to their properties.

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

Planning authority's response to the representations

The planning authority considered the representations and recommended no change to the application of the Rural Living Zone D and no modification of the priority vegetation area overlay.

The hearing was held at the Latrobe Council Chambers, 170 Gilbert Street, Latrobe on the 21 February 2024.

Planning authority: Ms Jo Oliver, planning consultant for Latrobe Council

Ms Jana Rockcliff for Veris (planning consultant) for Mr Matthew and Ms Melissa Carter, Mr Leigh and Ms Kelly Woodhouse, Mr John and Ms Sally Reid and Mr Mark and Ms Helen Dorling.

1. Under section 40M of 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, and any technical matters.
2. A hearing was convened to assist the Commission consider the issues in the representations.
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.
2. Where relevant to the submissions received these matters are discussed below.
3. The Commission considered that the modification was a substantial modification as there may be a public interest. The Commission considers that exhibition of the draft amendment has given sufficient opportunity for any matters of public interest to be raised. The Commission notes no matters were raised in relation to the LPS criteria in sections 34(2)(a), (c), (d), (f), (g), and (h), and remains satisfied that the draft amendment is consistent with these LPS criteria.

1. At the hearing Ms Jana Rockcliff raised concern that a representation had been submitted by Mr and Mrs Reid relating to 10 Charles Street, Squeaking Point, but was not included in the Council's section 35KB report and did not appear to have been received by the Commission. Ms Jo Oliver for the planning authority confirmed she had not received a copy of the representation.
2. In response to the Commission's direction letter dated 4 March 2024, Ms Rockcliff provided a submission that supported the Rural Living Zone A to 10 Charles Street, Squeaking Point, which would allow subdivision creating one additional lot. The submission stated that the demand for rural living zoned lots of this size can be demonstrated, and all titles in this cluster are suitable for Rural Living Zone A, consistent with the zoning of surrounding land.
3. Several representations also requested that the Rural Living Zone A be applied instead of the proposed Rural Living Zone Area D to their properties.
4. At the hearing, Ms Oliver noted that application of the Rural Living Zone D was a zoning correction process and that further strategic work was necessary before it could consider whether an increased lot yield in the wider area is appropriate. Council is currently undertaking a local strategic project to analyse residential land supply and demand in the area, including rural-residential land. The land supply and demand assessment would provide an equitable assessment across each area and review whether increased lot yield in the established rural living areas is an appropriate planning outcome.
5. Ms Oliver further noted that there are several other factors that require consideration prior to supporting Rural Living Zone A in each area, such as natural values and landscape assessment, stormwater impacts, road capability and recreation and amenity connections. Ms Oliver stated that the land supply and demand assessment may identify some areas that could be zoned Low Density Residential as a result.
6. The planning authority in its response submission to the Commission's directions dated 24 April 2024, also recommended no modification to the draft amendment relating to the zoning of 10 Charles Street, Squeaking Point until the further local strategic work is undertaken.

1. The Commission's decision on the Latrobe LPS established that it accepted the evidence in support of the application of the Rural Living Zone D to the subject properties and it considered application of the Rural Living Zone is consistent with Guideline No. 1.
2. The Commission is satisfied that the evidence and information received during the hearing process supports application of the Rural Living Zone to the 5 clusters of land comprising the draft amendment.
3. The Commission understands the anecdotal evidence submitted by representors that there is demand for more rural living zoned land in the area. However, the Commission notes that Council is undertaking further local strategic planning and agrees that this work is not yet sufficiently advanced to support 1ha lot density equitably across all rural living areas in the Port Sorell area. In this context, the Commission considers that it is premature to consider Rural Living Zone A to the 5 clusters of land in the draft amendment.
4. The Commission is satisfied that application of the Rural Living Zone D as proposed, reflects the existing land use and the rural living character of each of the 5 clusters of land in the draft amendment.

Application of the priority vegetation area overlay

1. At the hearing, representors sought a reduction in the spatial extent of the priority vegetation area overlay at 200 Parkers Ford Road, Port Sorell and 345 Squeaking Point Road, Thirstlane. In response, Ms Oliver recommended that further onsite inspections should be undertaken prior to considering a reduction of the overlay. The Commission issued a direction to this effect seeking further information and justification.
2. For 200 Parkers Ford Road, two submissions were received prior to the hearing and one submission was received in response to the Commission's post hearing direction. The submission dated 20 February contained a natural values statement prepared by Mr Scott Livingston, a natural resource management consultant, and this was further justified in a natural values report prepared by Mr Livingston dated 7 April 2024. Mr Livingston recommends the priority vegetation area overlay only apply to a small portion of the site containing the likely habitat for threatened flora and fauna in Panatana Rivulet, with a 5m buffer included to minimize the likelihood of disturbance, as shown in figure 7 of this report.
3. A submission was also received for 345 Squeaking Point Road, Thirstlane which included a natural values report prepared by Mr Livingston dated 7 April 2024. The report recommends a reduced spatial extent of the priority vegetation area overlay to only apply to the part of the site with likely habitat identified, as shown in figure 5 of this report.
4. The planning authority provided a response submission dated 24 April 2024 which stated:
   • 200 Parkers Ford Road, Port Sorell - the planning authority accepted the evidence provided by Mr Livingston and submitted the Natural Assets Code - priority vegetation area overlay be modified to the same extent as provided in figure 7 of the Livingston report; and
   • 345 Squeaking Point Road, Thirstlane - the planning authority accepted the evidence provided by Mr Livingston and submitted the Natural Assets Code - priority vegetation area overlay be modified to the same extent as provided in figure 5 of the Livingston report.
5. For 111 Milldam Road, Port Sorell, no further evidence was submitted. The draft amendment proposes to reduce the priority vegetation area overlay on the site to only apply to the location of the threatened vegetation community.

1. The Commission accepts the expert evidence provided by Mr Livingston in support of modification the priority vegetation area overlay for 200 Parkers Ford Road, Port Sorell and 345 Squeaking Point Road, Thirstlane. The natural values reports outline the current values of the properties and their association with the riparian area of the Panatana Rivulet.
2. The Commission is persuaded that the draft amendment should be modified to reflect the expert advice by Mr Livingston for 200 Parkers Ford Road, Port Sorell and 345 Squeaking Point Road, Thirstlane.
3. The Commission is satisfied that the priority vegetation area overlay as proposed for 111 Milldam Road, Port Sorell, is appropriate. The Commission notes this is supported by expert evidence, prepared by Mr Livingston dated 19 October 2020, which was submitted with representation 21 (Stuart Greenhill) in relation to the decision of the Latrobe draft LPS.

1. The relevant regional land use strategy is the Cradle Coast Regional Land Use Strategy 2010-2030 (regional strategy).
2. The Commission notes the regional strategy was amended on 24 February 2024 during the assessment and hearing process of this draft amendment, and the Commission must consider the amended version of the regional strategy at the time of making its decision. The amendments include clarification of operation, direction and policy relating to rural-residential land use.

1. The response provided by the planning authority confirms local strategic work has not been completed to support application of Rural Living Zone A to the five clusters of land in the draft amendment, however the Commission notes that plans are underway to complete this work.
2. The Commission finds that the application of the Rural Living Zone D which reflects the existing land use patterns and limits further subdivision potential is as far as practicable consistent with the regional strategy, as amended, noting Part B amended sections 4.9.1, 4.9.2 and Part C, new section 4.3.2 Rural-residential Settlement Areas.

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 accepts the expert evidence on the spatial extent of the Natural Assets Code - priority vegetation area overlay to 200 Parkers Ford Road, Port Sorell and 345 Squeaking Point Road, Thirstlane and modifies the overlay consistent with the expert evidence provided.

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

1. Apply the Rural Living Zone D to the following properties:
   • 10 Charles Street, Squeaking Point folio of the Register 10582/2;
   • 24 Charles Street, Squeaking Point folio of the Register 10582/3;
   • 32 Charles Street, Squeaking Point folio of the Register 10582/4;
   • 39 Charles Street, Squeaking Point folio of the Register 66812/2;
   • East Glen, Port Sorell folio of the Register 34572/3;
   • 83 Gardams Road, Port Sorell folio of the Register 117647/1;
   • Gardams Road, Port Sorell folio of the Register 146335/1;
   • 110 Hawk Hill Road, Shearwater folio of the Register 30184/3;
   • 93 Milldam Road, Port Sorell folio of the Register 21090/1;
   • 111 Milldam Road, Port Sorell folio of the Register 236837/1;
   • 185 Milldam Road, Port Sorell folio of the Register 43520/1;
   • 201 Milldam Road, Port Sorell folio of the Register 233672/1;
   • 209 Milldam Road, Port Sorell folio of the Register 7172/3;
   • 160 Parkers Ford Road, Port Sorell folio of the Register 132783/2;
   • 168 Parkers Road, Port Sorell folio of the Register 9398/3;
   • 200 Parkers Ford Road, Port Sorell folio of the Register 213993/1;
   • 238 Parkers Ford Road, Port Sorell folio of the Register 20974/1;
   • 241 Parkers Ford Road, Port Sorell folio of the Register 156549/1;
   • Parkers Ford Road, Port Sorell folio of the Register 229447/1;
   • 345 Squeaking Point Road, Thirstlane folio of the Register 227658/1 and part of the adjoining reserved road;
   • 257 Woodbury Lane, Squeaking Point folio of the Register 66827/1;
   • 264 Woodbury Lane, Squeaking Point folio of the Register 10716/1;
   • 290 Woodbury Lane, Squeaking Point folio of the Register 10582/1;
   • part of the reserved road adjoining the boundaries of 200 Parkers Ford Road, Port Sorell folio of the Register 213993/1;
   • the reserved road adjoining the boundaries of 111 Milldam Road, Port Sorell folio of the Register 236837/1, 83 Gardams Road, Port Sorell folio of the Register 117647/1 and Gardams Road folio of the Register 146335/1; and
   • adjoining public roads to the road centreline.

Figure 2: Application of the Rural Living Zone D at Port Sorell, Shearwater and Squeaking Point.

1. Apply the priority vegetation area overlay of the Natural Assets Code to 200 Parkers Ford Road, 111 Milldam Road, Port Sorell, and 345 Squeaking Point Road, Thirstlane, as shown in figures 3, 4 and 5 below:

Figure 3: Application of the priority vegetation area overlay at 200 Parkers Ford Road, Port Sorell.

Figure 4: Application of the priority vegetation area overlay at 345 Squeaking Point Road, Thirstlane.

Figure 5: Application of the priority vegetation area overlay at 111 Milldam Road, Port Sorell.