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 30 Arthur Street, Shearwater from Future Urban to General Residential. The request is supported by a planning report (planning report) prepared by Nova Land Consulting.

The site at 30 Arthur Street, Shearwater is contained on one title (folio of the Register 238989/5) with an area of approximately 2ha. The site contains a dwelling and associated outbuildings and is mostly cleared of vegetation. The site adjoins Arthur Street to the south (sealed) and Wilson Street to the west (unsealed), which are both local roads maintained by the Latrobe Council.

Land to the east of the site is zoned General Residential, and land to the north, south and west is zoned Future Urban.

The airport obstacle limitation area, bushfire-prone areas, and priority vegetation area overlays apply to the site.

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 Latrobe draft Local Provisions Schedule (draft LPS), a request was received to rezone the site to General Residential. In its decision dated 16 March 2023, the Commission determined the site should remain in the Future Urban Zone as further strategic planning work was required to demonstrate the General Residential should be applied. The following comments were included in the draft LPS decision and were relevant to the subject site:
   1. The Commission is not persuaded that there should be any change to the current zoning at Port Sorell and Shearwater, either to increase the amount of land zoned General Residential, or to reduce the amount of land zoned Future Urban. The planning authority's view that further strategic work needs to be undertaken before land is rezoned to General Residential is accepted. Without such work, incoherent rezoning and development of land would increase the risk the settlement would be fragmented. It also increases the likelihood that development would occur in an illogical sequence and that there would be poor outcomes for the road network and provision of reticulated infrastructure. The Commission notes the planning authority has made a commitment to do undertake the required strategic planning work in the near future, which will include consultation with the community and studies of residential land supply and demand, stormwater management and traffic impacts.
2. As detailed in paragraph 40 of the draft LPS decision, relevant issues for investigation included the potential pattern and sequencing of future development, traffic impacts, the rates of supply and demand for residential land, and reticulated servicing, including local stormwater and sewerage treatment services. These matters are discussed below.

1. The relevant regional land use strategy is the Cradle Coast Regional Land Use Strategy 2010-2030 (regional strategy).
2. The planning report by Nova Land Consulting provided an assessment against the relevant strategic policies in the regional strategy. The report submitted that the amendment is consistent with the regional strategy because:
   • the site is zoned Future Urban in the Latrobe LPS, which identifies the land may be appropriate for urban residential use and development
   • the site is within an established settlement area (Shearwater) and can integrate with existing transport networks and services
   • TasWater has confirmed the land could be connected to reticulated water and sewer services
   • the land, and any subsequent development of the site, can be drained to the Council stormwater network, and
   • the site is identified in the Port Sorell and Environs Strategic Plan 2008 and the Port Sorell Strategic Plan Review 2017-18 as being appropriate for residential development.
3. The planning report noted that section 4.3 of the regional strategy provides policies for maintaining an adequate supply of residential land to meet projected population growth over a 10 to 20-year period. Table 4.3 of the regional strategy applies a medium growth scenario for the Port Sorell settlement (which includes Shearwater) and a contained settlement strategy.
4. The planning report submitted that the proposal meets the policy objectives of section 4.3 as:
   • the site is located within the established township of Shearwater, adjacent to existing residential development
   • the Port Sorell area is classified as having a medium growth scenario in a contained settlement and the site 'has been identified as part of the Council's strategically planned expansion of the township'
   • the regional strategy forecasts a need for not less than 10 years and not more than 20 years of residential land supply to be available at any point in time, and
   • use and development of the land for residential purposes would capitalise on existing infrastructure, such as roads, water supply, and sewage systems, thereby promoting cost-effective and sustainable development.
5. The planning report referenced the 2024 Latrobe Council Residential Demand and Supply Study (residential study). The study indicates that demand for residential land across the municipality was strong, and that an additional 714 residential lots are required for the Port Sorell settlement between 2023 and 2046. The planning authority's supporting report submitted that as of 2023, a vacant land supply of 544 lots across the Port Sorell settlement area was identified, which is a shortfall of 170 lots or almost 25% of the supply of lots needed. The planning authority considered that the supply of residential land for the Port Sorell settlement is estimated to be sufficient for the next 10 years, but not sufficient for the next 20 years. The planning authority noted the residential study summarised that:

With demand for 714 lots forecast, and 544 lots on vacant land identified, land for another 170 lots will need to be found across Port Sorell Settlement between now and 2046. With a number of large parcels identified as Future Urban, it is expected that demand will be able to be met on these alone, subject to detailed planning and design required to support rezoning.

1. The Commission is satisfied the assessment undertaken by the applicant and the planning authority demonstrates the draft amendment is consistent with relevant policies of the regional strategy. This includes those policies that relate to the sequencing and pattern of development (4.3.1(g)), and alignment of growth areas with the capacity of transport and road infrastructure (4.3.1(e)).
2. The Commission finds that the rezoning is supported by a residential supply and demand analysis that demonstrates the increase in the supply of residential land in the Port Sorell would fall within the 10 to 20-year bracket required by the regional strategy. It is estimated the land would yield an approximate number of 25-30 lots if developed to its full potential. This would be approximately 15% of the 170 lots identified in the residential study as being required up to 2046.
3. The Commission is satisfied that the draft amendment is as far as practicable consistent with the regional strategy.

1. The planning authority submitted that one of the strategies of the Latrobe Council Strategic Plan 2020-2030 (strategic plan) is to implement the recommendations of the 2019 Port Sorell Strategic Plan Review (2019 strategic plan review).
2. The planning authority noted that the 2019 strategic plan review found the 'existing supply of residential-zoned land was sufficient for quite some time' and that some land around Port Sorell and Shearwater, including the subject site, should be zoned Future Urban.
3. The planning authority then noted the more recent residential study (2024) showed that based on the lot demand of 714 lots required between 2023 and 2046, the rezoning would provide for appropriate residential growth and expansion for the next 20 years.

1. The Commissions agrees with the planning authority that the residential study shows that further lots are required to meet the demand for residential lots in the Port Sorell and Shearwater settlement.
2. 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. In its decision on the draft LPS, the Commission noted concerns raised by representors about the capacity of the local sewerage treatment plant, and considered the issue warranted further investigation before further land was included in the General Residential Zone.
2. The applicant's planning report submitted that TasWater had undertaken recent modelling of the reticulated sewer and water services in the area and was able to support the rezoning. Furthermore, the applicant's documentation indicated that future development of the land enabled by the rezoning could be serviced.
3. The following advice to the planning authority was provided by TasWater on 31 July 2025:

Future subdivision of this lot will require design of sewerage reticulation that aligns with the future strategy for this area. The maximum number of lots will need to be diverted away from the current system to new trunk infrastructure or be designed in such a way as to be easily redirected in future when other lots are developed, and the new trunk is constructed. The proponent of the future subdivision should engage with TasWater early to develop the layout with these aims in mind.

4. A 'Submission to Planning Authority Notice' was provided to the planning authority by TasWater on 29 August 2025, which stated 'TasWater did not object to the draft amendment and had no formal comments' to make.

1. The Commission finds, based on the evidence provided by TasWater, that there is capacity to provide sewer services to the site.

1. In its decision on the draft LPS, the Commission noted the planning authority stated technical work was required to determine if any new areas of General Residential Zone could be serviced by access to the public stormwater system.
2. The planning authority's supporting report for the draft amendment submitted that:

Preliminary appraisal of the capacity to sufficiently manage stormwater from the land within the available public stormwater system - and on the basis of the land being residentially intensified via rezoning - has been undertaken by Council officers (and in conjunction with qualified hydraulic engineering expertise). Initial modelling and data appraisal indicated that stormwater generated from future residential intensification upon the subject land can be managed by the public stormwater system - subject to an appropriate stormwater detention regime being implemented on the site.

1. The Commission finds, based on the evidence from the planning authority, that stormwater can be managed through the provision of on-site and off-site infrastructure.

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.

1. The evidence from the planning authority is that urban stormwater could be appropriately managed through on-site and off-site infrastructure. The draft amendment is therefore consistent with the State Policy on Water Quality Management 1997.

The proposed draft amendment would minimise impacts on environmentally sensitive areas by directing new residential development to a site that is already largely cleared of native vegetation and situated immediately adjacent to existing urban development. Infrastructure required for future subdivision can be efficiently connected to existing infrastructure networks with capacity and in a manner that minimises disturbance to land within the coastal zone.

2. The planning authority submitted that draft amendment would direct residential growth to land immediately adjoining the existing urban edge of Shearwater, ensuring compact and contained residential development upon land effectively reserved for residential intensification by virtue of its existing zoning configuration.

1. The Commission notes that the 'Coastal Zone', as defined in the Coastal Policy, includes all land to a distance of 1km inland from the high-water mark. The site is located approximately 850m from the high-water mark along the Port Sorell Estuary as shown on the LISTmap Coastline layer, which depicts the mean high-water mark. The State Coastal Policy 1996 (Coastal Policy) therefore applies.
2. As the subject site is further inland than existing residential areas, 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. In consideration of the site's strategic context and infrastructure services provision, and with specific reference to Objective Part 1, 1(b):

'to provide for the fair, orderly and sustainable use and development of air, land and water',

2. the Commission finds the draft amendment furthers the Schedule 1 Objectives.

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 draft amendment requires modification to rezone the adjoining sections of Arthur Street and Wilson Street to the centreline of each road, consistent with the Commission's established mapping practice.

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 L-PS01-2024 - Tasmanian Planning Scheme - Latrobe

Rezone 30 Arthur Street, Shearwater (folio of the Register 238989/5) from Future Urban to General Residential as shown below: