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 a portion of land at 3-7 George Street (east of William Street Lane), Launceston (folio of the Register 169239/1) from LAU-P7.0 Particular Purpose Zone - Boags Brewery to Urban Mixed Use. In addition to the rezoning, the draft amendment proposes consequential updates to the following figures in the LPS written document to reflect the removal of the site from the PPZ:

• Figure LAU-P7.1 - Location of North Site and South Site as required by clause LAU-P7.2 (Local Area Objectives), and
• Figure LAU-P7.2.2 - South Site as required by clause LAU-P7.6.3 A1(a), clause LAU-P7.6.3 P1, clause LAU-P7.6.3 A2, clause LAU-P7.6.3 A4 and clause LAU-P7.6.3 P4 in (Building height, setback and siting - South Site).

The subject site is a single title in two separate parts severed by William Street Lane. The part of the site on the eastern side of the lane is zoned LAU-P7.0 Particular Purpose Zone - Boags Brewery (the PPZ), while the part of the site on the eastern side of the lane is already zoned Urban Mixed Use.

Both parts of the site have frontage to William Street, while the western portion of the site also has frontage to George Street.

The site was formerly part of the Boags Brewery (the brewery) and used for factory storage. The property was purchased by the current owner in September 2025.

The eastern part of the site has an area of approximately 714m2 and is currently developed with a storage warehouse. The warehouse is located at the rear of the site and has an area of approximately 550m2. The northern end of the site fronting William Street is developed with a car park.

The western part of the site (zoned Urban Mixed Use) is developed with a warehouse and two conjoined two-storey townhouses. The warehouse was formerly used by Tullochs Auctions. The townhouses are currently unoccupied.

The western part of the site was previously included in the Boags Brewery PPZ but was removed by amendment (PSA-LIPS60062) to the Launceston Interim Planning Scheme 2015) approved in February 2022. The amendment applied the Urban Mixed Use Zone to the land. The amendment was granted on the basis the Zone would provide for consolidation of the use of the site for Bulky Goods Sales (prohibited in the PPZ) with similar activities in the surrounding area. The amendment provided for the tenant (Tulloch's Auctions) to use the site for Bulky Goods Sales, which was supported by the Regional Activity Centre policies in the Northern Tasmania Regional Land Use Strategy. At the time the amendment was made, the eastern portion of the site was owned and used by Boags Brewery.

The site is listed as a Local Heritage Place (LAU-C6.1.733) in Table C6.1 of the LPS and is also listed on the Tasmanian Heritage Register.

The Parking and Sustainable Transport Code (parking precinct plan overlay) and the Safeguarding of Airports Code (airport obstacle limitation area overlay) apply to the site.

The eastern boundary of the site adjoins the Boags Brewery PPZ, while the south and western boundaries adjoin the Urban Mixed Use Zone.

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 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 (TasWater) advised 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. The planning authority's supporting report submitted that the proposed amendment was consistent with the LPS criteria at section 34(2) of the Act.
2. Where relevant, these matters are discussed in the sections below.

1. The relevant regional land use strategy is the Northern Tasmania Regional Land Use Strategy (regional strategy), 23 June 2021.
2. In its supporting report the planning authority stated the subject site is identified in Map D.1 and is located within the Launceston Central Area, the Principal Activity Centre and that the proposed zoning of the subject site to the Urban Mixed Use Zone:
   • consolidates and reinforces the spatial hierarchy of the existing centre
   • coordinates with the surrounding application of the Urban Mixed Use Zone which supports a mix of compatible land uses
   • ensures that future development contributes to the role and function of the Principal Activity Centre
   • encourages higher-density residential and mixed-use development
   • optimises proximity to public transport and existing services, and
   • provides flexibility for a range of complementary land uses.

1. In its supporting report the planning authority submitted that the proposed amendment is generally consistent with the principles and goals of the City of Launceston Strategic Plan 2025-2035 (local strategy) prepared under the Local Government Act 1993 as it facilitates:

the redevelopment of underutilised land within the Launceston Principal Activity Centre. It enables more efficient use of strategically located urban land and encourages a diverse mix of complementary commercial, residential, and innovation-focused activities. By consolidating the Urban Mixed Use Zone across the site, the amendment creates opportunities for investment.

1. The Commission accepts the planning authority's submission that the proposed amendment will further the relevant policies and actions of the regional strategy and generally advance Strategic Priorities of the local strategy.

1. New PPZ's and amendments to existing PPZs must meet the LPS criteria, including satisfying one, or both of the section 32(4) tests.
2. Under section 32(4) of the Act, an LPS may only include a particular purpose zone (PPZ) - if:

(a) a use or development to which the provision relates is of significant social, economic or environmental benefit to the State, a region or a municipal area; or

(b) the area of land has particular environmental, economic, social or spatial qualities that require provisions, that are unique to the area of land, to apply to the land in substitution for, or in addition to, or modification of, the provisions of the SPPs.

1. The draft amendment includes an amendment to an existing PPZ rather than the creation of a new one. Accordingly, the assessment against the section 32(4) test is informed by whether the proposed modifications have the potential to distort the purpose of the existing PPZ to the extent that it no longer meets the criteria.
2. The Commission notes that there are two zone purpose statements for the Particular Purpose Zone - Boags Brewery:

LAU-P7.1.1 To provide for the continued operation of the Boags Brewery.

LAU-P7.1.2 To provide for complementary uses and developments that support, supply or facilitate the operation of the brewery, including hospitality and tourism related use or development.

1. In its supporting report the planning authority stated the subject site is no longer utilised by Boags Brewery (the brewery) for storage and is currently unoccupied and further, has been sold by the brewery and is now owned by the applicant's client.
2. The applicant's report asserted that implicit in the brewery's divestment of the site is that the site is surplus to its operational requirements.

1. The Commission is satisfied that the selling of the site indicates the brewery's continued operation is not affected by its removal from the PPZ.
2. The Commission further notes that no representations were received from the brewery. While not conclusive, this is an indicator that the subject site is no longer critical to this operation.
3. The Commission is satisfied that the Boags Brewery provides significant economic benefit to the area and has unique spatial characteristics of a historic inner city industrial area. The Commission notes that the subject site has an area of 714 m2 representing a 2.3% reduction in the area subject to the PPZ. It's reduction is relatively minor and unlikely to compromise the purpose of the PPZ. Accordingly, the Commission finds that the draft amendment, and resultant reduction in the PPZ area is minor, and that the PPZ with the removal of the subject site would continue to meet the requirements of section 32(4) of the Act.

1. The applicant's supporting report states that the PPZ was specifically created to support the functional needs and branding of the brewery. However, given the subject site is no longer owned or required by the brewery, it is neither contextually relevant nor strategically necessary for its inclusion in the PPZ.
2. The planning authority noted in its supporting report that the current application of the PPZ to the subject site

limits or prohibits a range of uses that would otherwise be permissible in the Urban Mixed Use Zone. These restrictions constrain opportunities for future development, both on the subject land and in conjunction with adjoining land and prevent the landowner from fully utilising existing infrastructure and capitalising on the site's historic context and character.

1. The planning authority submits that the Urban Mixed Use Zone is the most suitable zone for the subject site as:
   • this provides for a wide range of commercial, business, community and residential uses that enhance the vitality of urban centres
   • this aligns with the Scheme's intent to encourage mixed-use outcomes in well located urban areas
   • no other zoning was considered appropriate given the zoning of the surrounding land, and
   • this is the most suitable zoning as mixed-use activity is the dominant and intended land use in the immediate surrounding area.

3.1.1 To provide for a mix of residential, retail, community services and commercial activities in urban locations.

13.1.2 To provide for a diverse range of use or development that are of a type and scale that support and do not compromise or distort the role of surrounding activity centres in the activity centre hierarchy.

1. The Commission agrees with the planning authority and the applicant that the subject site is strategically and spatially well placed to contribute to this purpose and suitable to be rezoned to the Urban Mixed Used Zone.
2. The Commission notes that while the Urban Mixed Use Zone provides for a broad range of uses (more than double the number of Use Classes in the PPZ) the development standards are, some cases, more restrictive. For example, the acceptable solution for building height in the Urban Mixed Use zone is 10m compared with 20m in the PPZ. These controls are sufficient to regulate development impacts consistent with the surrounding land in the Urban Mixed Use Zone. The Commission is persuaded that the Mixed Use Zone is the most suitable zone for the subject site.

1. The subject site is a Local Heritage Place in the Local Historical Heritage Code, listed as LAU-C6.1.733. However, the site is also on the Tasmanian Heritage Register (THR) (ID 4701). Accordingly, clause C6.2.3 of the SPPs prescribes that the Local Historic Heritage Code does not apply.
2. Heritage Tasmania submitted that the planning scheme amendment does not require heritage referral as it does not contain heritage works or a development application.
3. The planning authority noted that also applying to the subject site is:
   • Safeguarding of Airports Code - Airport obstacle limitation Area overlay, and
   • Parking and Sustainable Transport Code, Parking precinct plan overlay.

1. The Commission agrees Local Historic Heritage Code is not relevant to the proposed amendment.
2. The Commission considers that the use and development allowable under the Urban Mixed Uses Zone (including the acceptable solution prescribing a maximum building height 10m) would not compromise the implementation of the Safeguarding of Airports Code.
3. The Commission considers the operation of the existing Parking Precinct Plan will not be adversely affected by the proposed amendment.

State Policies and Resource Management and Planning System Objectives

1. The planning authority and applicant submitted that the State Coastal Policy 1996 and State Policy on the Protection of Agricultural Land 2009 are not relevant to the draft amendment.
2. The planning authority submitted that the State Policy on Water Quality Management 1997 is also not relevant to the draft amendment as the subject site is within an urban area that is fully serviced by existing reticulated water, sewer, and stormwater infrastructure.
3. National Environmental Protection Measures (NEPM) are automatically adopted as State Policies under section 12A of the State Policies and Projects Act 1993 and are administered by the Environment Protection Agency.
4. The planning authority in its supporting report submitted that no state policies relate to the draft amendment.

1. The Commission finds that the draft amendment is not inconsistent with any of the NEPMs and that no State Policies are relevant to the draft amendment. The Commission is satisfied that the proposed draft amendment seeks to further the Objectives of the Resource Management and Planning System in 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 supports the proposed amendment as submitted by the planning authority. However, in addition the amendment requires modification to the mapping of the Local Area Objective for the Particular Purpose Zone - Boags Brewery. The Local Area Objective is no longer relevant to the subject site and should be modified as follows:
   • Remove the mapped Local Area Objectives for the Particular Purpose Zone - Boags Brewery from the north-eastern portion of land part of 3 - 7 George Street (folio of the register 169239/1).
   • Additionally, consistent with Section 80O, the South-western portion of 3 - 7 George Street (folio of the register 169239/1) was subject to Planning Scheme Amendment PSA-LIPS60062 and is now also zoned Urban Mixed Use Zone also requires removal from Local Area Objective mapping as shown in the attachments.
3. Subject to the modifications described above, the Commission is satisfied that the draft amendment meets the LPS criteria and gives its approval.

Modified amendment PSA-LLP0035 - Tasmanian Planning Scheme - Launceston

1. Rezone part of the land at 3-7 George Street, Launceston (folio of the register 169239/1) and the adjoining roads to the road centrelines from Particular Purpose Zone - Boags Brewery to Urban Mixed Use as shown below:

1. Remove the mapped Local Area Objectives for the Particular Purpose Zone - Boags Brewery from both portions 3-7 George Street (folio of the register 169239/1) as shown below:

1. Amend the Launceston Local Provisions Schedule figure LAU-P7.1 as shown below:

1. Amend the Launceston Local Provisions Schedule figure LAU-P7.2.2 as shown below: