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

The draft amendment proposes to rezone the land at 2 Bruce Place Lot 1, Longford, folio of the Register 188712/1 from the Open Space Zone to the General Residential Zone.

The subject site, 2 Bruce Place, Longford, folio of the Register 188712/1, is in the Open Space Zone, covered by the Safeguarding of Airports Code and within the Longford Specific Area Plan.

The subject site is a 1307m2 irregular shaped lot with a 5.97m frontage to the

north-eastern side of Bruce Place and is subject to a 3m wide drainage easement along the eastern boundary. The planning authority's report supporting the draft amendment (supporting report) describes the site as currently vacant and site photos in the report show a few trees in mowed grass.

The site was formerly part of larger open space parcel which has now been subdivided creating the subject site, Lot 1 to the east, (the subject site) and Lot 2, to the west, (folios of the Register 188712/1 and 2 respectively). Lot 2 is an elongated 509 m2 area lot (approximately 66m long of variable width) providing pedestrian connectivity between Bruce Place and George Hudson Place. Both lots are owned by the Northern Midlands Council (Council) and currently form continuous public open space. Lot 2 is zoned Open Space and has a notation on the title that it is set apart for 'public recreation space'. The subject site, Lot 1 has no such notation on the title.

The two lots were created through the subdivision of the former folio of the

Register 11099/5, approved on 27 June 2022 and finalised in May 2025. Council confirms that two lots were created in order to sell one of the lots as residential land and retain the other as public open space providing pedestrian access between the cul-de-sac heads.

The two lots are surrounded by land in the General Residential Zone developed with single dwellings. The lot sizes of the surrounding properties range between approximately 630m2 and 820m2 in area.

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 no objection to the draft amendment and that TasWater did not wish to attend any hearing.

The planning authority's section 40K report advised that no representations were received during the exhibition period and recommended that no modification to the draft amendment is required.

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) / 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 representations were received and the Commission did not hold a hearing.
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 relevant regional strategy is the Northern Tasmania Regional Land Use Strategy, 23 June 2021 (regional strategy).
2. The planning authority's supporting report, confirmed that the site is located within the Urban Growth area as shown in Map D.3 of the regional strategy and is within a developed urban settlement area.
3. The planning authority noted that draft amendment furthered the regional strategy Goals by the rezoning of the subject site to General Residential Zone as it would assist housing supply by providing appropriate developable land. Additionally, the planning authority submitted that the site is vacant, highly underutilised and

'within close proximity to the activity centre of Longford, schools, parks, and services. The creation of new residential land would ensure further social inclusion into the future.' (p48)

4. Section D2.1.1 of the regional strategy offers the key principles for the urban growth areas, of particular relevance is that these areas are to aim to provide for a well- planned region that amongst other things 'maintains the integrity of 'intra-regional open space green breaks. In its supporting report, the planning authority submitted that;

The rezoning would not impact significantly on open space areas nor natural resources. It is within walking distance to Wellington Street, a major transport road, and through its proximity to Marlborough Street, makes the location easily accessible. The site is located within proximity to reticulated services. (p10).

5. Further to this argument, in the supporting report the planning authority detailed that the subject site is approximately 700m from the park and playground in Lewis Street West and 350m from the new park in Laycock Street.

Commission consideration on Regional Land Use Strategy

1. The Commission agrees with the planning authority's findings that the draft amendment meets the goals of the strategic planning frameworks in the regional strategy.
2. Furthermore, in relation to Section D2.1.1 of the regional strategy on open space integrity (see above for detail), the Commission notes:
   • the Council's reason for the disposal of the public open space land outlined in its June 2022 decision:

The land is not used by members of the public on a regular basis and is close to other existing proposed parks and reserves. It is recommended that the land be sold to allow Council to focus on developing other areas of public open space.

• the Council's April 2022 decision to subdivide the former title (folio of the Register 11099/5) to facilitate a public pedestrian access (Lot 2) and an additional future house lot (Lot 1) rather than two house lots with no public pedestrian access.

1. The Commission notes that the Council's 27 June 2022 decision, confirmed that the sale of Lot 2 will be used for open space improvements in Longford and aligns with the principles of the regional strategy.

1. The current strategic plan is the Northern Midlands Council Strategic Plan 2021-2027 (strategic plan).
2. The planning authority's supporting report submits,

Actions and projects to achieve these outcomes will be included in the Council's Annual Plan. Performance measures will be included in the Annual Plan to enable the Council to track its progress against each of the strategic outcomes.

Commission consideration on the Strategic Plan

1. The Commission considers the strategic plan has been taken into account. It notes the processes undertaken by Council to decide on the proposed amendment and prior to this to decide on subdivision of the original parcel so that part was retained as public land with access. It has met the following relevant strategic outcomes outlined in the strategic plan:

1.3 Management is efficient, proactive and responsible

1.4 Improve community assets responsibly and sustainably

2.1 Strategic, sustainable, infrastructure is progressive

1. The Commission notes further that the strategic plan document cites the following projects which show the context of the strategic considerations of public open space and housing relevant to the draft amendment and further meeting the strategic outcomes which are:
   • Elected Members Development & Annual Plans 2024-2025
   • Longford Expansion Strategy September 2023
   • Draft Longford Expansion Strategy for community consultation 2024.

1. In its supporting report, the planning authority considered while there was a reduction in the range of uses entailed by the proposed rezoning to General Residential of the subject site, Residential Use is prohibited in the Open Space Zone and would be No Permit Required use in the General Residential Zone. As the site directly abuts General Residential Zone land and is within a defined residential development area within the township, this would allow any future owners to use and develop the subject site consistently with the surrounding land.

1. The planning authority noted that the Safeguarding of Airports Code and non-spatial codes that currently apply to the site, will continue to apply if the site is zoned General Residential.

1. The site is subject to the provisions of the Longford Specific Area Plan (SAP) and will continue to apply if the site is zoned General Residential.

Commission consideration on Planning Scheme provisions

1. The Commission agrees with the planning authority that the draft amendment would allow for the subject site to be developed for residential purposes similarly to the surrounding land.
2. The Commission notes that the subject lot could not be further subdivided, not because of lot size minimum but due to frontage length.

1. The Commission notes that the only SAP clause applicable to the General Residential Zone relates to multiple dwelling density. The acceptable solution requires the site area per multiple dwelling to be 400m2 (an increase above the General Residential acceptable solution of 325m2 per multiple dwelling). This density standard will assist to ensure that any future multiple dwelling development on the subject site will be compatible with the density of the surrounding area.

1. It is considered that the use and development allowable under the General Residential Zone would not impact the Safeguarding of Airports Code as the obstacle limitation area is 1,350m AHD.

1. The planning authority considered that the State Coastal Policy 1996, State Policy on the Protection of Agricultural Land 2009, and National Environmental Protection Measures are not applicable to this draft amendment.
2. The planning authority further considered that as the site is connected to existing reticulated stormwater and sewerage services, the draft amendment is consistent with the State Policy on Water Quality Management 1997 (Water Quality Policy).

1. The Commission agrees with the planning authority's findings on the State Policies and that future development enabled by the draft amendment will be consistent with the Water Quality Policy.

Resource Management and Planning System Objectives

1. In its supporting report, the planning authority considered that the draft amendment had met the objectives for reasons including:
   • there will be no negative effects on the environment as the site is connected to full reticulated services.
   • the subject site is not an area or place of scientific, aesthetic, architectural or historical interest.

Commission consideration on Resource Management and Planning System Objectives

1. The Commission agrees with the planning authority and considers that the rezoning of the land provides for the fair, orderly and sustainable use of land in a fully serviced urban environment. The Commission is satisfied that the draft amendment meets the objectives 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. No modifications were considered necessary.

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

1. Rezone Folio of the Register 188712/1 to General Residential at 2 Bruce Place, Longford