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 draft amendment proposes to rezone 200 Parkers Ford Road, Port Sorell (folio of the register 213993/1) and the adjoining Crown owned road reserve from Rural Living D to Rural Living A.

The site is located in the Port Sorell hinterland, approximately 2km south-west of Port Sorell's main settlement. The site is bounded by Parkers Ford Road to the east and by the Panatana Rivulet to the west. The site comprises a total land area of 20ha, excluding a reserved road casement that traverses the northern part of the site.

The site consists predominantly of pasture, with existing development comprising of a 300m2 dwelling and two sheds.

The surrounding area to the north, east and south of the site consists of established rural residential development, on lots varying in size from 4,800m2 to 6.6ha. The land situated to the west of the subject site is used for low intensity and small non-commercial grazing uses and associated residential purposes.

The surrounding land to the north, east and south are zoned Rural Living while the adjoining land to the west is zoned Agriculture.

The Bushfire-Prone Areas and Flood-Prone Areas codes apply to the site. The natural values of the Panatana Rivulet on the western boundary of the site are protected under the application of the Natural Assets Code (Priority Vegetation Area and Waterway and Coastal Protection Area overlays).

The site is serviced by power and reticulated water.

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

Planning authority's response to the representations

The planning authority considered the representations and recommended:

1. Pursuant to Section 38(2) of the Land Use Planning and Approvals Act 1993, agree to the amendment and prepare the draft amendment to the Latrobe Local Provisions Schedule subject to the following modification:

(a) Include the adjoining Crown road reserve that bisects the site in the draft amendment by rezoning to Rural Living zone, as indicated in the certification document;

1. Pursuant to section 40F of the Land Use Planning and Approvals Act 1993, certify that the modified draft amendment meets the LPS Criteria; and
2. Place draft amendment L-PS001/2025 on public exhibition for a period of 28 days, pursuant to sections 40G and 40Z of the Land Use Planning and Approvals Act 1993.

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. No opposing representations were received and the Commission dispensed with holding a hearing in accordance with 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. The Commission's decision on the Latrobe LPS, dated 16 March 2023, determined that the site be zoned Rural Living (subdivision category D) to limit subdivision within the zone, until further strategic planning work to support the intensification for use of land for rural residential purposes, is completed.
2. Since the LPS decision, Latrobe Council engaged REMPLAN to undertake further strategic work in the form of a Residential Demand and Supply Study (REMPLAN Study). The REMPLAN Study was finalised in July 2024.
3. The REMPLAN study analyses land and demand supply of the Latrobe local government area, identifying projected population growth and the supply required to respond to anticipated demand to meet housing needs.
4. The REMPLAN Study found that the identified land supply in Port Sorell's hinterland would be exhausted in around 12 or 13 years, noting that land zoned Rural Living was excluded from supply as further work needed to be completed to establish infrastructure requirements and minimum lot sizes.
5. In its supporting report, the applicant submitted that the REMPLAN Study identifies the need for additional land in the Port Sorell hinterland for rural residential development and provides the strategic intent to underpin the draft amendment.

1. The Commission notes the findings of the REMPLAN study, in particular the demand for additional land in the Port Sorell hinterland for rural residential development.
2. The Commission is satisfied that the REMPLAN study establishes that there is demand for additional rural residential lots and the increase density provided through the draft amendment will go some way to satisfying this demand.

1. In its supporting report, the applicant submitted that the proposed application of the Rural Living Zone (subdivision category A):
   • responds to the findings of the REMPLAN Study; and
   • would allow for the intensification of the site for use of land for rural residential purposes.
2. In regard to the application of the Rural Living Zone, the applicant stated that:

the controls provide for a development pattern that allows for setbacks from frontages, and side and rear boundaries. Under the subdivision category A, setbacks as required by the Acceptable Solutions A2 and A3 of Clause 11.4.2 can be comfortably achieved.

3. The applicant addressed the requirements of Guideline No. 1 Local Provisions Schedule (LPS) zone and code application (the Guidelines) made under the section 8A of the Act and submitted that the draft amendment met Guidelines RLZ 1, 2, 3 and 4.
4. In its supporting report, the planning authority considered it prudent to modify the draft amendment to include the Crown road reserve in the proposed extent of the change to the Rural Living Zone (subdivision category A), as the Crown road reserve will inevitably be considered as part of any future subdivision of the land.

1. The Commission agrees with the applicant that the draft amendment responds to the findings of the REMPLAN Study by allowing the site to be developed for rural residential purposes at a density envisaged by RLZ3.
2. The Commission notes that the draft amendment application was accompanied by a Concept Plan. The Concept Plan, for indicative purposes only, provides a potential 17 lot subdivision layout and road structure of the site to demonstrate development outcomes that would be consistent with the intended rezoning from Rural Living (subdivision category D) to Rural Living (subdivision category A).
3. The Commission further notes that the draft amendment does not include an application for a permit to subdivide the site. The Concept Plan is attached at Annexure B.
4. While conceptual, the Commission considers that the plan demonstrates that the site could likely facilitate future development that met the Acceptable Solutions of the Rural Living Zone for buildings setbacks.
5. The Commission is satisfied that the Rural Living Zone (subdivision category A) should be applied to the site in accordance with Guideline No. 1.
6. The Commission agrees with the planning authority's decision to include the Crown Road Reserve for consistency in land use regulation.

1. The applicant and planning authority submitted that natural values are located within the western area of the site adjacent to the Panatana Rivulet, and noted that:
   • the natural values of the site will be protected under the application of the Natural Assets Code;
   • any vegetation removal will be addressed under the application of the Priority Vegetation Area overlay of the Natural Assets Code; and
   • any storm water discharge and associated impacts on watercourses will be addressed under the application of the Waterway and Coastal Protection Area overlay of the Natural Assets Code.
2. The applicant and planning authority also submitted that the potential residential development of the site in accordance with the Rural Living Zone (subdivision category A) will:
   • provide building areas well outside of the areas where the Natural Assets Code applies; and
   • not unduly impact upon the ecological processes or natural values of the site.

1. The applicant and the planning authority noted the future subdivision of the site would require assessment against the Bushfire-Prone Areas Code and the preparation of a bushfire hazard management plan.
2. The applicant submitted bushfire management advice prepared by Livingston Natural Resources Services, dated 5 December 2024, to support the draft amendment.
3. Based on potential development of the site as show in the Concept Plan, Livingston Natural Resources Services considered that:
   • future lots, unless unusually narrow, of 0.8ha or more, as allowed under the performance criteria of the Rural Living Zone, could accommodate a bushfire attack level of 19 building area without any reliance on fuel management on adjacent lots; and
   • there are no potential difficulties in meeting the Bushfire-Prone Areas Code requirements for hazard management, access or water supply, noting a minor modification to the shared boundary of lots 5 and 6 would be required to provide a 10m Hazard Management Area from the existing lot dwelling at lot 5.

1. The applicant noted that the western area of the site, at the Panatana Rivulet, is subject to the application of the Flood-Prone Hazard overlay.
2. The applicant stated that:

The SPPs of the TPS contain adequate controls to mitigate flood risk. An application for subdivision will trigger an assessment against the Flood-prone Hazard Areas Code of the SPPs. A flood hazard report may be required to support a proposed lot layout and demonstrate that each lot has a tolerable risk from flood. The planning authority cannot approve an application for subdivision without demonstrating that an acceptable level of risk can be achieved.

1. The applicant submitted an Agricultural constraint analysis report (Agricultural report) prepared by Pinion Advisory, dated 6 December 2025, to support the draft amendment.
2. In the Agricultural Report, Pinion Advisory examined the various aspects of agricultural land activities associated with the site and its surrounds.
3. Pinion Advisory concluded that:
   • the vast majority of the site has a very low level of agricultural suitability due to significant land capability limitations;
   • the agricultural suitability of the adjoining properties to the west of the site is severely constrained; and
   • the potential to negatively impact on adjoining agricultural land is mitigated by the presence of the Panatana Rivulet and the associated native vegetation which forms the western boundary of the site.
4. The applicant submitted that adequate separation is achieved between future sensitive uses and adjacent agricultural activities to the west and south.

1. The applicant submitted a Traffic Impact Assessment prepared by Midson Traffic, dated November 2024, to support the draft amendment.
2. The Traffic Impact Assessment analysed the potential impacts that a development proposal, as shown in the Concept Plan, is likely to have on the operation of roads and transport networks.
3. Midson Traffic concluded that, based on the potential development of the site as shown in the Concept Plan:
   • the traffic generation is likely to be 126 vehicles per day with a peak of 13 vehicles per hour;
   • traffic generation can be absorbed in the surrounding road network at a high level of efficiency and safety; and
   • the traffic generation at the access junction with Parkers Ford Road satisfies the requirements of Performance Criteria P1 of Clause C3.5.1 of the Planning Scheme.
4. The planning authority submitted that Latrobe Council's Manager of Infrastructure and Assets is satisfied that a suitable road providing access from Parkers Ford Road to future residential lots can be accommodated on the subject site and its interface with Parkers Ford Road.

Site capacity for wastewater and stormwater management

1. The applicant submitted that the site is not located within an area serviced by a reticulated sewer system and therefore relies on onsite wastewater management.
2. The applicant submitted a land capability assessment prepared by Tasman Geotechnics, dated 17 December 2024, to support the draft amendment.
3. The land capability assessment demonstrated the site's capacity for onsite wastewater and stormwater management, based on the potential development of the site as shown in the Concept Plan.
4. Tasman Geotechnics concluded that, based on the potential development of the of the site as shown in the Concept Plan:
   • the site could accommodate and connect to an onsite wastewater system adequate for the future use and development of the site; and
   • a sustainable stormwater management system could be designed to meet the needs of all potential lots.
5. The applicant submitted that onsite wastewater and stormwater management can be achieved for the proposed lot density as shown in the Concept Plan, and in accordance with the controls of the SPPs for subdivision category A of the Rural Living Zone.

1. With respect to reticulated water infrastructure, the applicant submitted an Infrastructure Plan prepared by Taswater to support the draft amendment.
2. The Infrastructure Plan indicated that the Taswater reticulated water infrastructure was located at the frontage of the site at Parkers Ford Road.
3. The applicant submitted that Taswater had confirmed that:
   • the site can be connected to water service as required by Acceptable Solution A1 of Clause 11.5.3 of the SPPs; and
   • there is sufficient pressure and flow in the network to serve the the potential development of the site as shown in the Concept Plan, provided that a compliant design is produced by a hydraulic consultant.
4. With respect to electricity infrastructure, the planning authority stated that:

Overhead electricity infrastructure exists along Parkers Ford Road. The application was referred to TasNetworks, who advised that apart from the existing dwelling's electricity supply needing to be relocated and resupplied with new infrastructure to accommodate any new subdivision, that the amendment and any future subdivision was unlikely to adversely affect TasNetworks' operations.

1. The Commission is satisfied that, based on the Concept Plan and the evidence provided, the site is suitable for residential development in accordance with the Rural Living Zone (subcategory A), as;
   • the natural values of the site at the Panatana Rivulet are protected under the controls of the Natural Assets Code;
   • the site has the capacity to be developed in accordance with the Rural Living Zone (subcategory A) and not unduly impact upon the natural values of the site;
   • the site has the capacity to be developed in accordance with the Rural Living Zone (subcategory A) and meet the requirements of the Bushfire-Prone Areas and Road and Railway Assets codes;
   • any flood risk of the site will be managed by the application of the Flood-Prone Hazard Code;
   • the agricultural suitability of the site and its adjoining land to the west is severely constrained for agricultural use;
   • the potential for development in accordance with the Rural Living Zone (subcategory A) to negatively impact on adjoining agricultural land is mitigated by the presence of the Panatana Rivulet and the associated native vegetation which forms the western boundary of the site;
   • the site has the capacity to be developed in accordance with the Rural Living Zone (subcategory A) and achieve adequate onsite wastewater and stormwater management; and
   • the site is within servicing capacity for power and reticulated water, allowing future development to be accommodated through service upgrades.

1. The relevant regional land use strategy is the Cradle Coast Regional Land Use Strategy 2010-2030 (regional strategy).
2. In its supporting report, the applicant assessed the draft amendment against the regional strategy and submitted that the regional strategy's policies relating to use of resources, economic activity, rural-residential settlement areas, housing land and road transport are relevant to the draft amendment.
3. The applicant submitted that the draft amendment is consistent with the regional strategy, as it will facilitate infill development within an established Rural Living area, ensuring efficient use of the land as intended.
4. In its supporting report, the planning authority noted that regional strategy's policies of Section 4.3.2, Rural-Residential Settlement Areas, provides the most relevant direction to the draft amendment. The planning authority stated that:

The draft amendment demonstrates through the application documentation and from referral agencies that existing infrastructure and services can accommodate a future residential subdivision as a result of a rezoning to the subject land. The subject site is located within an established rural-residential area that is unable to be serviced to urban specification. Mitigation from natural hazards such as bushfire and inundation, and protection of natural values along the Panatana Rivulet, are subject to the provisions of the Tasmanian Planning Scheme which achieve the desired development outcomes outlined in this principle.

1. The Commission is satisfied with the justification provided by the applicant and planning authority, in that the draft amendment provides for future infill development through increased density within an established rural residential area.
2. The Commission finds that draft amendment provides for appropriate economic development in facilitating additional housing sites within close proximity to activity centres, consistent with the regional strategy.

1. The relevant strategic document is the Latrobe Strategic Plan 2020-2030 (Latrobe Strategic Plan).
2. In its supporting report, the applicant submitted that a series of local strategies further support the Latrobe Strategic Plan, noting that Port Sorell & Environs Strategic Plan 2008 (Port Sorell Strategic Plan 2008) is a local strategy most applicable to the draft amendment.
3. The Port Sorell Strategic Plan 2008; a strategic plan that provided a framework for future use and development of Port Sorell region, identified the site as land for future rural residential development.
4. In its supporting report, the planning authority assessed the draft amendment against the relevant principles the Port Sorell Strategic Plan 2008.
5. In 2016, Latrobe Council resolved to review the Port Sorell Strategic Plan 2008, to test if its use and development framework was still applicable and provided further guidance regarding rural residential development.
6. The Port Sorell and Environs Strategic Plan Review 2019 (the Review 2019):
   • recommended the site be retained as future rural residential land as identified in the Port Sorell Strategic Plan 2008; and
   • noted that the site was yet to be rezoned.
7. The applicant and the planning authority submitted that the proposed amendment align with the Latrobe Strategic Plan, the Port Sorell Strategic Plan 2008 and the Review 2019, noting that Objective 4.1.3 of the Latrobe Strategic Plan identifies that in order to effectively manage land use planning, the recommendations of the Port Sorell and Environs Strategic Plan Review 2019 should be implemented.

1. The Commission notes a range of strategies are relevant to the purpose of the proposed amendment.
2. The Commission agrees that the draft amendment has regard to the local strategies as it facilitates appropriate development within an area identified for future rural residential development.
3. The Commission finds that the draft amendment aligns with the strategic direction for the future land use of the site, as identified in the Latrobe Strategic Plan and various relevant local strategies.

1. The applicant and planning authority considered that the State Coastal Policy is relevant to the draft amendment.
2. In its supporting report, the planning authority assessed the draft amendment against the relevant principles of the State Coastal Policy.
3. The applicant and planning authority submitted that the development standards of the Tasmanian Planning Scheme will ensure desired development outcomes are achieved in mitigating risk from natural hazards and minimizing impacts on coastal water environments.

State Policy on Water Quality Management 1997

1. The applicant and planning authority considered that the State Water Quality Management Policy is relevant to the draft amendment.
2. In its supporting report, the planning authority assessed the draft amendment against the relevant outcomes and actions of the State Policy on Water Quality Management.
3. The applicant and planning authority submitted that the regulatory assessment process for development would ensure the requirements of the State Policy on Water Quality Management are upheld.

State Policy on the Protection of Agricultural Land 2009

1. The applicant and planning authority considered that the State Policy on the Protection of Agricultural Land (PAL Policy) is relevant to the draft amendment, they do however, note that the site is not prime agricultural land.
2. In its supporting report, the planning authority assessed the draft amendment against principles 1 and 8 of the PAL Policy, making reference to the relevant findings of the expert consultant in the Agricultural Report.
3. The applicant submitted that the draft amendment was consistent with the PAL Policy.

1. The planning authority considered that the National Environment Protection Measures as State Policy do not have application to the draft amendment.

1. The Commission finds that the draft amendment is consistent with the relevant State Policies. The Commission is satisfied that the management of water quality and the protection of coastal values associated with the site, can be managed through future development applications.

Resource Management and Planning System Objectives

1. The applicant and the planning authority considered that the draft amendment furthers the Objectives of the Resource Management and Planning System.
2. In its supporting report, the planning authority responded to each of the Objectives as set out in Parts 1 and 2 at Schedule 1 of the Act.

1. The Commission is satisfied that the draft amendment furthers 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 modifies the draft amendment by:
   • amending the zone mapping to extend the Rural Living A Zone to the centreline of Parkers Ford Road for compliance with the Commission's drafting practices; and
   • making a minor change to the description of the draft amendment for clarity,

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 1/2025 - Tasmanian Planning Scheme - Latrobe

1. Rezone 200 Parkers Ford Road, Port Sorell (folio of the Register 213993/1) and the adjoining Crown road reserve from Rural Living Zone D to Rural Living Zone A, as shown below.