city of devonport

CITY OF DEVONPORT

DEVONPORT AND ENVIRONS PLANNING SCHEME 1984

Gazetted on 27 March 1985

This updated version of Devonport and Environs Planning Scheme 1984 contains amendments made up to and including 10th June 2010

- Devonport and Environs Planning Scheme 1984 -

TABLE OF CONTENTS

PART A 1 – STATE POLICY CONSIDERATIONS 4

PART A.2 IMPLEMENTATION OF THE STATE POLICY ON WATER QUALITY MANAGEMENT 5

PART B – TELECOMMUNICATIONS INFRASTRUCTURE SCHEDULE 6

PART 1 - PRELIMINARY 7

1.1 TITLE 7

1.2 APPLICATION 7

1.3 DIVISION INTO PARTS 7

1.4 INTERPRETATION 8

PART 2 34

2.0 RESERVATION OF LAND 34 2.1 Application of Part 34 2.2 Classification of Reservations 34 2.3 Restrictions on Reservations 35

PART 3 36

3.0 USE OF LAND IN ZONES 36 3.1 Restrictions on use of land 36 3.2 Classification of Land Use 36 3.3 Table of Zones 37 3.4 Incidental Uses 37

PART 4 38

4.0 PRE-EXISTING USES OR DEVELOPMENTS 38

4.1 Interpretation of this Part 38 4.2 Extension or Intensification of Pre-existing Uses 38

4.3 Alternate Uses to Pre-existing Uses 39

PART 5 40

5.0 PERMITS 40 5.1 Development Application 40 5.2 Determination of Application for

Development of Land in Zones 40 5.3 Determination of Application for Development of Land in Reservations 41 5.4 Determination of Application of Land subject to Overlay Controls under Parts 9 & 10 42 5.5 Deleted 42 5.6 Special Provisions 42 5.7 Commencement of Permit 43 5.8 Lapse of Permits 43 5.9 Suspension of Planning Approvals 43 5.10 Deleted 44 5.11 Delegation of Council's Powers 44

PART 6 45

6.0 IMPLEMENTATION OF THIS SCHEME 45 6.1 General Duty of Council 45 6.2 Application of this Scheme 45 6.3 Furtherance of Scheme 46 6.4 Stages of Development 46 6.5 Provisions of Marine Act 1976 46

PART 7 47

7.0 PROVISIONS 47 7.1 Subdivision of Land 47 7.2 Areas of Doubtful Land Stability 50 7.3 Accommodation of Vehicles 50 7.4 Movable Dwelling Units 55 7.5 Advertising Signs 55 7.6 Environmental Impact Statements 57 7.7 Tree Preservation 57 7.8 New Roads 57 7.9 Caravan Parks and Camping Areas 57 7.10 Extractive Industries 58 7.11 Scrap Yards 58 7.12 Service Stations 58 7.13 Consulting Rooms 60


7.14 Apartment Buildings, Flats and Holiday Flats 60

7.15 Contravention 64 7.16 Dwelling Cladding 64 7.17 Landscaping Bonds 65 7.18 Building Setback 65 7.19 Manufactured Homes 67 7.20 Accretions & Structures over the Sea 68 7.21 Demolition 68 7.22 Heritage Impact Statements 69

PART 8 70

8.0 SPECIAL PROVISIONS 70 8.1 Closed Residential Zone 70 8.2 Urban Density Residential Zone 73 8.3 High Density Residential Zone 73 8.4 Low Density Residential Zone 73 8.5 Reserved Residential Zone 74 8.6 Rural Residential Zone 75 8.7 Provision for the Rural Zone 75 Deleted 8.8 Transport and Warehouse Zone 79 8.9 Semi Residential Zone 79 Deleted 8.10 Village Zone 79 8.11 Light Industrial Zone 80 8.12 General Industrial Zone 81 8.13 Special Industrial Zone 82 8.14 Business Commercial Zone 82 8.16 Recreation Special Zone 82 8.18 Best Street Shopping Zone 82 8.19 Wastewater Treatment Plant 86 8.17 CBD Zone 86 8.20 Devonport Regional Homemaker Centre Zone 102

8.21 Don Road Marketplace 109

PART 9 114 Site Specific Provisions 114

PART 10 117 Heritage Overlay Controls 117

SCHEDULE 1 121 TABLE OF USE CLASSES AND ZONES 123

SCHEDULE 2 124 EXEMPTIONS FROM APPROVAL 124 1. Public Works: 124 2. Use of Existing Tips: 124 3. Building Maintenance: 124 4. Interior Alterations: 124 5. Painting etc: 124 6. Minor Domestic Buildings: 124 7. Road Repairs, etc: 124 8. Repairs to Services: 125 9. Tree Planting: 125 10. Rural Fire Control: 125 11. Sundry signs, notices & advertisements:125 12 Heritage Items and Heritage Areas 125

SCHEDULE 3 126 3.0 SPECIAL FOOD PROCESSING ZONE

& SPECIAL FOOD PROCESSING BUFFER ZONE 126

SCHEDULE 4 132 4.0 PORT ZONE 132

SCHEDULE 5 138 5.0 HERITAGE ITEMS 138

SCHEDULE 6 150 6.0 HERITAGE AREAS & CHARACTER

STATEMENTS 150

SCHEDULE 7 168 7.0 TELECOMMUNICATIONS

INFRASTRUCTURE 168

SCHEDULE 8 178 8.0 VEGETATION MANAGEMENT 178

SCHEDULE 9 181 9.0 STONY RISE ROAD STRATEGIC

ROAD NETWORK PLAN 181

SCHEDULE 10 185 10.0 DEVONPORT AIRPORT AIRSPACE

PROTECTION SCHEDULE 185


PART A

STATE POLICY CONSIDERATIONS

A.1i

IMPLEMENTATION OF STATE COASTAL POLICY

Where the planning authority determines that a proposed use or development would be inconsistent with the State Coastal Policy, that use or development is, unless prohibited by this scheme and notwithstanding any other provision of the scheme, a use or development which the planning authority has a discretion to refuse or permit.

i Note that this amendment comes into operation on 10 October 1996 in accordance with s.13 of the State Policies and Projects Act 1993.


A. 2ii

IMPLEMENTATION OF THE STATE POLICY ON WATER QUALITY MANAGEMENT

An application for a permit for the use or development of land shall be accompanied by sufficient information to demonstrate that it will not result in the transport of sediments into surface waters such that environmental harm might be caused either during the carrying out of works, or the subsequent use of the land.

Council shall consider the information supplied with the application and determine whether,

1. a) the capability of the land is sufficient to support the use or development without giving rise to sediment transport and

b) if there is a risk of sediment transport into surface waters, the measures proposed to reduce such risk are adequate.

Council may impose conditions on any permit to minimise the potential for erosion or water quality degradation.

For the purpose of this clause,

“surface waters” means all waters on the land surface, including both fresh and marine waters e.g. streams, lakes, estuaries and coastal waters. (State Policy on Water Quality Management 1997)

“environmental harm” means any adverse effect on the environment (of whatever degree or duration) and includes an environmental nuisance. (Environmental Management and Pollution Control Act 1994).

“capability of the land” means the capability of the land as determined by the geological stability and slope of the land, erodibility of the soil and extent and type of vegetation cover, to sustain use or development.

ii Note that this amendment comes into operation on 6 August 1998 in accordance with s.13 of the State Policies and

Projects Act 1993. Amendment s13/1/98.


Part B

Telecommunications Infrastructure Schedule B.1 Telecommunications Infrastructure Schedule

Any use or development of telecommunications infrastructure must be in accordance with the Telecommunications Infrastructure Schedule.

To the extent that any statement contained in this schedule is inconsistent with any other provision of this scheme the provisions of the schedule shall apply in relation to telecommunications infrastructure.


PART 1 – preliminary

1.1 TITLE This planning scheme may be cited as the Devonport and Environs

Planning Scheme 1984 and comprises the following Clauses, Tables and Schedules hereinafter referred to as this Scheme, and the plan or plans annexed hereto, hereinafter referred to as the Plan.

1.2 APPLICATION The area to which this Scheme applies is that area wholly enclosed by

a thick black line on the Plan, in accordance with the Local Government Regulations 1978.

1.3 DIVISION INTO PARTS The Scheme is divided into the following parts: PART 1 - Preliminary PART 2 - Reservation of Land PART 3 - Use of Land in Zones PART 4 - Pre-existing Uses or Developments PART 5 - Permits PART 6 - Implementation of this Scheme PART 7 - General Provisions PART 8 - Special Provisions PART 9 DELETED PART 10 Site Specific Provisions SCHEDULE 1 - Table of use classes and zones SCHEDULE 2 - Exemptions from Approval SCHEDULE 3 - Special Food Processing Zone & Special Food

Processing Buffer Zone SCHEDULE 4 - Port Zone SCHEDULE 5 - Heritage Areas SCHEDULE 6 - Heritage Items and Character Statements for

Heritage Areas. SCHEDULE 7 - Telecommunications Infrastructure SCHEDULE 8 - Vegetation Management SCHEDULE 9 - Stony Rise Road Strategic Road Network Plan


1.4 INTERPRETATION In this Scheme, unless inconsistent with the context or subject matter:

“Abattoirs & Saleyards” means a building or land used for the sale, slaughtering or storage of livestock.

“Act” means the Local Government Act 1962.

“Advertisement” includes any word, letter, model, sign, device or representation (by whatever means depicted, delineated or effected) in the nature of and employed wholly or in part for the purpose of advertising or announcement.

“Advertising Sign” means any advertisement exhibited upon any structure, building or works or upon any land by any means.

“Agricultural Land”iii means all land that is in agricultural use or has the potential for agricultural use.

“Agricultural Uses”iv means animal and crop production and includes intensive tree farming and plantation forestry.

“Allotment or Lot” means a parcel of land in one title only and includes a site as defined in Section 75D of the Conveyancing and Law of Property Act 1884.

“Amenity” means in relation to an area or a locality such quality or condition in the area or locality as contributes to its pleasantness, harmony or to its better enjoyment.

“Apartment Building”v means an allotment containing two or more dwellings and includes a row of two or more dwellings attached to one another, such as are commonly known as row, semi detached, terrace, town house or villa.

“Approved Date” means the day upon which this Scheme takes effect.

“Boat Ramp” means a place or structure used by members

iii Amendment AM 2002/04 - 21 June 2002 iv Amendment AM 2002/04 - 21 June 2002 v Amendment V3 - 24 January 1995


of the public for the launching of boats and other marine vessels.

“Building Height”vi

means the height of any portion of a building or structure vertically from natural ground level to its highest element excluding chimneys, plumbing, aerials, finials and minor protrusions.

“Bulk Store” means any building or land used or intended for use for the bulk storage of goods where the goods stored or to be stored are not required for use in a shop or commercial premises on the same site or on an adjoining site under lease or other secure tenure to the proprietor of the appurtenant shop or commercial premises.

“Call Centre”vii means any building or area used for providing advice, booking facilities or information to customers via telephone and or electronic communication equipment.

“Capital Dredging” means the deepening or widening of the bottom of the river bed and River banks.

“Caravan Park and Camping Area”viii

means an area set aside for the parking of movable dwelling units or the erection of tents for accommodation of travellers, tourists or other persons and includes structures ancillary thereto and does not include a car, boat, caravan and machinery sales yard, a holiday flat, or a manufactured home.

“Car Park” means land or buildings used primarily for the parking of motor vehicles as a public or private car park, but does not include part of any road or street used for parking and does not include a car, boat, caravan and machinery sales yard or transport depot.

“Car, Boat, Caravan and means buildings or land used as an open air market for the display or sale of vehicles,

vi Amendment V3 - 24 January 1995 vii Amendment AM 2002/04 - 24 February 2003 viii Amendment V4 - 24 January 1995 ”viiiAmendment 2000/08 - 20 August, 2001


Machinery Sales-Yard” boats, caravans or machinery, whether new or second-hand, but does not include a workshop.

“Church” means a place of worship and includes buildings used primarily for the religious activities of a church or any group of persons but does not include an educational establishment.

“Civic Building” means a building designed, used or intended to be used by Government Departments, Statutory bodies, or the Council as offices, assembly rooms, public libraries, meeting halls, or other like purposes and includes post offices, telephone exchanges, police stations, fire stations or ambulance depots.

“Class” ix means that class of agricultural land using the Class Definitions and methodology from Land Capability Handbook, K.E. Noble 1992, Department of Primary Industry, Tasmania.

“Code” means a set of regulations adopted by resolutions of the council governing any particular aspect or aspects of development.

“Commercial Premises” means any building or land used or intended for use as an office or for other business or commercial purposes, but does not include any building or land used or intended for use for a purpose elsewhere specifically defined in this Clause.

“Commissioner” means the Commissioner for Town and Country Planning for the State of Tasmania.

“Community Centre” means a building or land used or intended for use as a place of recreation, entertainment or amusement and includes use as a theatre, cinema, dance or concert hall, casino, meeting hall, community centre non-residential club, bar, and drinking booth, reception room or for indoor sports and

ix Amendment AM 2002/04 – 21 June 2002


games, but does not include recreational grounds or a church

“Conservation” x in relation to heritage issues means all the processes of caring for a place ‘as defined in the current version of the ICOMOS Burra Charter’ so as to retain or enhance its cultural significance.

“Conservation plan:” xi means a Conservation Plan accepted by the council that includes:

• documentation of the cultural significance of a place and land;

• documentation of proposed measures to be undertaken to retain cultural significance; and

• an assessment of how proposed building or works comply with the Conservation Plan and a statement of impact regarding the impact of the proposed building or works on the conservation or cultural significance.

“Consulting Room” means a building or part of a building (other than a hospital) used for the purpose of the profession or business of a legally qualified medical practitioner or dentist or by a chiropodist, physiotherapist, masseur (medical), chiropractor, dental mechanic or other person ordinarily associated with a medical practitioner or dentist.

“Council” means the Council of the City of Devonport or the Corporation of the City of Devonport as the context shall require.

“Demolition” xii means the damaging, defacing, destruction, pulling down, removal or dis-assembling of any building or works, in whole or part.

“Dependant Relative means a second dwelling not exceeding 60 square metres in area, incorporated within a

x Amendment AM 2002/02 – 7 April, 2003 xi Amendment AM 2002/02 – 7 April, 2003 xii Amendment AM 2001/02 – 4 November 2002.


Unit” single dwelling for dependant relatives of the occupants of the single dwelling.

“Development” xiii means (a) the construction, exterior alteration or

exterior decoration of a building; and (b) the demolition or removal of a building or

works; and (c) the construction or carrying out of works;

and (d) the subdivision or consolidation of land,

including buildings or airspace; and (e) the placing or relocation of a building or

works on land; and (f) the construction or putting up for display

of signs or hoardings but does not include any development of a class or description, including a class or description mentioned in paragraphs (a) to (f) prescribed by the regulations for the purposes of this definition.

includes development or use or a combination of development and use:

“Discount Department Store” clxxxix

means a shop for the sale of a wide variety of primarily non food products with each of the following characteristics: (a) primarily self-service; (b) one common point of sale; and (c) not divided into separate departments

for sale purposes with a minimum floor area of 1,500 square metres.”

“Drive-In Theatre” means an area of land used or intended for use for the outdoor screening and viewing of films from stationary motor vehicles and includes the buildings and works ancillary thereto.

“Dwelling” means any building or portion of a building which is used or is intended, adapted or designed for use as a self-contained unit for

xiii Amendment AM 2002/04 – 21 June 2002 clxxxix Amendment AM 2009/03 – 30 March 2010


cooking, eating, sleeping and living purposes.

“Educational Establishment”

means a primary school, high school, community college, matriculation college, further education college, college of advanced education, academy, university or other educational centre, public library, lecture hall, art gallery or museum but does not include a welfare institution.

“Environmental Impact Statement”

means a document setting forth the results of study carried out to determine:

(a) the characteristics or conditions of the environment prior to any proposed actions;

(b) the environmental impacts of the proposed actions;

(c) the impact on the operation of the project of the changed environment after the construction phase is completed.

“Extractive Industry” means:

(a) the excavation from any land of sand, earth, soil, clay, turf, gravel, rock, stone, mineral or similar substance; or

(b) the treatment of, processing or manufacture of articles or products from any of the foregoing on the site from which the same was extracted.

“Fabric” means the physical material of the place.

"Flat" means a portion of a building used or intended, adapted or designed for use as a separate dwelling.

"Floor Area" means the sum of the areas of all floors of a building or where more than one building is situated on any site of all buildings including the floor of any basement, mezzanine or attic and the horizontal section of all walls at floor level, including half the width of party walls but excluding any part thereof solely occupied


by the plant required for the operation of air conditioning, heating, power supply, or lifts including lift wells, or set aside as a loading dock or provided for the parking of vehicles.

"Fuel Depot" means a depot or place for storage or bulk sale of solid, liquid or gaseous fuel, but does not include a service station or woodyard.

“Fuel Station”xiv means any building or area used for the refuelling of vehicles.

“Full – Line Department Store”xv

means a shop with a floor area greater than 500m2 organised into departments with separate selling and customer service areas, selling a wide range of household goods and services, including but not limited to, furniture, soft furnishings, white goods, electrical goods, clothing, haberdashery, chinaware, kitchenware, toys, sporting equipment, books and stationery.

“Funeral Parlour” means premises operated by undertakers as offices or rooms for the organisation or conduct of funerals, memorial services or any other normal services provided by undertakers.

“Garden Centre”xvi means any land used for the retail sale of plants, trees or shrubs and may as an ancillary use include:

(a) the cultivation of those plants, trees or shrubs; and

(b) the retail sale of garden supplies”. “General Industry” means any industry not a Light, Offensive,

Hazardous, Extractive, Rural or Service Industry or a Home Occupation.

“General Offices” means a building or part of a building used for the administration of a business, the carrying on of agencies (including Estate Agents), banks, typist/secretarial services, or business

xiv Amendment AM 2002/04 - 24 February 2003 xv Amendment AM 2001/02 – 4 November 2002. xvi Amendment AM 2002/04 – 21 June 2002


of like nature, but does not include a home occupation, consulting rooms or Professional Offices.

“Hazardous Industry” means any industry the carrying on or presence of which does or might injure the mental or physical well being of any person whether engaged in the carrying on of such industry or not or damage or endanger property of any person not engaged or employed in such industry due to any substance or thing kept for use therein or used or produced therein or any process or method of manufacture employed therein.

“Health Centre” means a maternal or child welfare centre, a centre for the care of physically handicapped persons, an x-ray centre, a public medical clinic, a nursery or day care centre, creche or kindergarten but does not include consulting rooms.

“Heritage Area” xvii means the precincts, streets or combination of these that contain groups of consistent places that demonstrate the history of Devonport. It is the collective value of the group that determines its significance. A Heritage Area recognises the special value of places and looks to improve urban amenity through the retention and enhancement of heritage attributes and features. Heritage areas may contain Heritage Items within their boundaries. Heritage Areas and Area character statements are provided in Schedule 6.

“Heritage Impact Statement” xviii

means a Heritage Impact Statement accepted by Council that details how proposed works or use on site will affect the existing fabric of a place or the cultural significance of a Heritage Item. The Statement is to include:

• site & floor plans; xvii Amendment AM 2002/02 – 7 April, 2003 xviii Amendment AM 2002/02 – 7 April, 2003


• elevations that include the facades of adjoining properties;

• photographs; and • a written statement of impact.

“Heritage Item” xix means places of individual heritage value that are important to the identity of Devonport and which contribute to its history and development. Heritage Items are listed in Schedule 5 and may be examples of:

• early development; • particularly well designed or built

buildings; • the work of significant architects or

builders; • the homes or businesses of key people in

the development of Devonport; • representative of major phases or styles in

the area; • key buildings marking new developments

or periods of development; • rare examples of the style in a particular

location; • important places that tell the story or

history of Devonport; and • places that are of importance to the

community because of patterns of use or high esteem.

Refer to Schedule 5.

“Holiday Flat” xx means one or more dwelling units on an allotment providing accommodation for tourists or the travelling public where, other than in relation to the users being temporary occupants, the use and form of the dwelling unit or units would be essentially indistinguishable from that of single dwellings or apartment buildings.

“Home Occupation” means an occupation carried on within a dwelling or the curtilage of a dwelling as an ancillary use by a person resident therein in the conduct of which:

(a) no person is employed on the site who is

xix Amendment AM 2002/02 – 7 April, 2003 xx Amendment AM 2004/04 – 29 November 2004


not a resident in such dwelling;

(b) not more than 30 square metres of floor space measured internally is used for such occupation or any purpose of or incidental to such occupation;

(c) no electric motor of more than 0.4 kilowatts nor any commercial oven or boiler is used;

(d) no enlargement or extension of any public utility connected to or servicing such dwelling is required for the carrying on of such occupation;

(e) not more than one advertisement is displayed on the site and such advertisement is not more than 0.1 square metres in area nor any illuminated advertisement is displayed;

(f) no goods whether for sale or not are visible to passers- by;

(g) not more than one commercial motor vehicle is on the land on which such occupation is carried on at any one time and no facilities are provided nor provision made nor goods kept on such land for or in connection with the refuelling, servicing or repairing of any motor vehicle;

(h) no interference with the amenity of the locality is caused by or contributed to including interference by reason of:

(i) the unsightly appearance of such dwelling or the land on which the same is erected or any other building on such land;

(ii) any noise, vibration or electrical interference;

(iii) any smell, fumes, smoke, vapour;


(iv) any soot, ash, dust or grit; or

(v) any oil or water or substance containing oil or water or waste products;

on or emanating from such land or such dwelling or other building;

(i) xxi

(j) no vehicle requiring other than a light rigid licence to drive operates from or visits the site;

there is no more than an occasional caller;

(k) no off-site traffic problem is generated;

(l) no retail or wholesale sales are carried on other than as incidental to the primary purpose of the Home Occupation.

but does not include a General Offices.

“Hospital” means a building or part of a building for use as a hospital but does not include a welfare institution or institutional building.

“Hotel or Licensed Premises”

means land or buildings in respect of which a general licence is held pursuant to the Licensing Act 1976 or a motel in respect of which an on licence is held under that Act and includes any premises in respect of which any provisional certificate in respect of such licence is held but does not include a tavern.

“Illuminated Sign” means a sign, all or any part of the device or letters of which are made in an outline of incandescent lamps and/or luminous tubing; or a sign with painted, flush, or raised letters, or device or both, lighted by a lamp or lamps.

“Industry” includes:

(a) any of the following operations;

(i) the carrying out of any process of manufacture whether or not a

xxi Amendment AM 2004/04 – 29 November 2004


finished article results there from;

(ii) the breaking up, dismantling or separating into parts of any article, machinery, goods or vehicles;

(iii) the treatment of waste materials of all descriptions;

(iv) the excavation from any land of sand, earth, soil, clay, turf, gravel, rock, stone, mineral or similar substance;

(v) repairing, laundering or servicing of articles; including vehicles, machinery or buildings but not including on-site work on buildings; and

(vi) any operation connected with the installation of equipment or service, or the extermination of pests other than on-site work on buildings, works or land.

(b) when carried out on the site upon which any of the above operations are carried on:

(i) the storage of goods used in connection with or resulting from any of the above operations;

(ii) the provision of amenities for persons engaged in such operations;

(iii) the sale of goods resulting from such operations; and

(iv) any work of administration or accounting in connection with the undertaking; and

without limiting the generality of the foregoing includes any industry or class of industry particularly described or defined in this planning scheme, but does not include a Home Occupation.

“Institutional Building” means a building used or designed principally for the purpose of:


(a) a hospital or sanatorium for the treatment of infectious or contagious diseases or persons who are mentally handicapped;

(b) an institution for care of State wards; (c) a penal or reformative institution; (d) a hospital for treatment of care of the

mentally sick. “Intensive Horticulture”xxii means any land used for the growing or

production of plants based on hydroponics or imported growth material.

“Intensive Livestock Farming”xxiii

means any land on which sheep, goats, poultry or other livestock are predominantly nurtured by a feeding method other than natural grazing and may include: (a) feed lot; or (b) piggery; or (c) poultry farm; or (d) fish farm (including farms for

crustaceans). “Kennel”xxiv means any building or portion of a building

used or intended to be used for the purpose of receiving, maintaining, boarding or keeping of dogs:

(a) owned by others for payment or other reward, or

(b) for the predominant purpose of the breeding and sale of the progeny of the dogs.

“Land” includes the surface of the ground including any coverage of vegetation or water and includes any estate in the land, houses, buildings, works and structures, in or upon the land.

“Landscaped Area” means a portion of the site which is designed or intended for the enhancement of the appearance of the site or the enjoyment of its occupants. It shall include all naturally planted gardens, unenclosed pedestrian

xxii Amendment AM 2002/04 – 21 June 2002 xxiii Amendment AM 2002/04 – 21 June 2002 xxiv Amendment L3 - 10 July 1990


terraces and the like, but shall exclude carports, driveways and clothes drying yards.

“Landscaping” means the provision or arrangement on an allotment or plot of land of trees, shrubs, ground covers, grassed areas, other natural elements, paving, structures or earthworks which are appropriate to the condition or the use of the allotment so as to either enhance or complement the amenity or character of the locality.

“Light Industry” means any industry:

(a) in which the buildings or works occupied, the processes carried on, the materials or machinery used or stored and the transportation of materials, goods or commodities to and from the site will not cause injury to or prejudicially affect the amenity of the locality by reason of the appearance of such buildings, works or materials or by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, wastepaper, waste products, grit, oil, or the presence of vermin or by electrical interference or otherwise; and

(b) the establishment of which will not or the conduct of which does not impose an undue load on any existing or projected service for the supply or provision of water, gas, electricity, sewerage facilities or any other like service.


“Main Road” means a road proclaimed as a State Highway or a subsidiary road which is classified as a Main Road, Secondary Road, Development Road or Tourist Road.

“Maintenance” means the continuous protective care of the fabric and setting of a place and does not include repainting or repair. Repair involves restoration or reconstruction.

“Maintenance Dredging” means the cleaning of the River bed and banks by the removal of mud, gravel, sand, and the like.

“Manufactured Home”xxv means a dwelling designed and constructed so that it can be disconnected from all services and completely removed from a site within twenty-four hours for relocation and does not include a movable dwelling unit.

“Marina” means a pier or floating structure used for the mooring of boats and yachts.

“Market Place”xxvi means land used to display or sell by retail goods where vendors periodically occupy an area or stall. It includes the sale of food for human consumption.

“Maximum Height” shall mean the greatest vertical distance of any external part of building from its junction with natural ground level to the apex or highest point of the roof of the building.

“Miscellaneous”xxvii any use of land which is not specifically defined elsewhere in this clause.

“Motel” means a motel as defined by the Tourism (Motels) Determination 1978.

“Motel (Unlicensed)” means a motel which is not a hotel or licensed motel.

xxv Amendment V4 - 24 January 1995 xxvi Amendment AM 2001/02 – 4 November 2002. xxvii Amendment V1 - 1 September, 1995


“Motor Repair Garage” means land or buildings used for or in connection with mechanical/electrical repairs, overhauls of motor vehicles or machinery and includes tyre recapping, retreading, panel beating, spray painting and chassis reshaping but does not include a scrap yard.

“Movable Dwelling Unit”xxviii

means a vehicle registered for use on a public road and designed or converted for human habitation and includes a caravan, mobile home and a modified omnibus but does not include a manufactured home.

“Natural Ground Level:xxix means the level of the ground resulting from natural processes prior to any use or development being carried out on the site. Where a site has previously been disturbed and natural ground level is difficult to ascertain the Council shall specify the level having regard to available information.

“Offensive Industry” means any industry which by reason of the processes involved or the method of manufacture or the nature of the materials or goods used, produced, or stored is likely to cause or causes effluvia, smoke, fumes or vapours or gasses or discharges of dust or foul liquid or blood or other impurities or matters which are or are liable to become foul so as to be injurious, revolting or disgusting to other persons.

“Outbuilding”xxx

“Overall Development

Plan”

means a building appurtenant to a dwelling other than a garage or carport and includes a shed, woodshed and aviary but not a studio or rumpus room. means a plan indicating a notional subdivision layout including access points to neighbouring land, internal roads, open spaces and the general location of proposed

xxviii Amendment V4 - 24 January 1995 xxix Amendment AM 2000/08 - 20 August, 2001 xxx Amendment AM 2000/08 - 20 August, 2001


community facilities.

“Owner” includes every person who jointly or severally whether at law or in equity is entitled to receive or is in receipt of, or, if the lands were let to a tenant, would be entitled to receive the rents and profits, thereof, whether as a beneficial owner, trustee, mortgagee in possession or otherwise.

“PAL Policy”xxxi means the State Policy on the Protection of Agricultural Land 2000.

“Parking Area” means an area other than part of a road which is allocated for the parking of motor vehicles and is able to be used for that purpose.

“Passive Recreation”xxxii means any land with unrestricted public access (or unrestricted public access during hours when open) used for recreation activities which do not alter or damage the environmental qualities of the land or have a detrimental effect on the amenity of the land or its environs.

“Place” means site, area, building or other works, group of buildings (including a precinct) or other works and surrounds.

“Planning Approval” means any permit, approval, or consent required by this Scheme to be issued or given by the Council in respect of the development of any land subject to this Scheme.

“Permitted Use”xxxiii DELETED

“Plant Nursery”xxxiv DELETED

“The Plan” means the geographical plan or plans annexed to this Scheme which shows by colours and markings the various uses to which the land in that area may be put.

xxxi Amendment AM 2002/04 – 21 June 2002 xxxii Amendment AM 2001/02 – 4 November 2002 xxxiii Amendment AM 2002/04 – 21 June 2002 xxxiv Amendment AM 2002/04 – 21 June 2002


“Plot Ratio” is the ratio of the floor area of any building, fixed structure or outdoor storage area, not including a parking area or unroofed loading bay, to the area of the site.

“Port and Shipping Purposes” xxxv

means any building or area in which any activity or operation connected with the transportation, storage and distribution of goods and livestock, or the transportation of people from one port to another and includes such uses as bulk store, minor repair and servicing of forklifts and trucks associated with the loading and unloading of ships, truck refuelling and the administration of commercial port activities.

“Precinct”xxxvi means a part of a zone defined and described in clause 8.17 of the Planning Scheme.

“Pre-School Centre” means any building or land in which more than 5 children under the age of 6 years are received for care or training but does not include an education establishment or a welfare institution.

“Principal Use” means a use which is in conformity with this Scheme by being listed as a principal use in the Table of Use Classes and Zones for the zone on the plan.

“Private Recreation” xxxvii means the use of land for recreational grounds or facilities such as squash and tennis courts, bowls clubs, golf clubs, swimming pools, playgrounds and similar which are not normally open to the public without charge.

“Proclaimed Wharf Area”xxxviii

means the area of a wharf where the boundaries have been defined under the Marine Act 1976.

“Professional Office” means any building or part of a building used

xxxv Amendment AM 2002/04 – 24 February 2003 xxxvi Amendment AM 2001/02 – 4 November 2002. xxxvii Amendment AM 2004/04 – 29 November 2004

xxxviii Amendment AM 2002/04 – 24 February, 2003


for the purpose of a profession by an accountant, architect, artist, author, barrister, consular official, draftsman, engineer, optician, landscape architect, quantity surveyor, surveyor, solicitor, town planner, or a person carrying on a profession normally conducted in office premises.

“Public Authority” means any corporation, board, commission, trust, or other body corporate or unincorporated, established or constituted by or under any Act for any public purpose but does not include the Council.

“Public Building” means a building used or intended for use as offices or for administrative or other like purposes by a Public Authority, the Council or by organisations established for public purposes.

“Public Jetty” means a landing pier used by members of the public.

“Public Park”xxxix means land provided by Council or the Crown for open-air recreation, conservation or amenity purposes to which the public has unrestricted access during opening hours and where the land;

(a) has been ornamentally laid out or prepared;

(b) is maintained so as to preserve or enhance its natural beauty including its flora, fauna and geological or physiological or physiographical features;

(c) has been prepared or is maintained as a grassed area either with or without trees or shrubbery; or

(d) is used for the keeping and exhibition of animals.

It includes:

(i) ancillary facilities for the comfort, convenience or enjoyment of attending persons by way of band-stands,

xxxix Amendment AM 2001/02 – 4 November 2002.


refreshment facilities, picnic places, lookouts, nature trails, information and display areas, shelters, public conveniences, children’s play areas or the like;

(ii) ancillary kiosk or the like for the hiring out to the public of non-motorised recreational equipment including, but not limited to, bicycles, canoes and sailing boats;

(iii) infrequent use for a fete, garden party, reception, or the like, or a sport or form of athletics on an informal basis;

(iv) stormwater drainage works where they can be integrated into the open space system.

“Public Utilities”xl Deleted

“Public Recreation”xli Deleted.

“Railway” means a permanent track composed of a line of parallel metal rails fixed to sleepers for transport of passengers and goods in trains.

“Recreational Grounds” means the use of land for a sports ground with spectator provision and includes grounds for athletics, licensed club rooms, racecourses, trotting tracks, stadia, showgrounds, drive-in theatres and amusement parks but does not include an educational establishment or community centre.

“Reservation” means the reservation of any land under Part 2 of the Scheme for the purposes specified exclusive of all other purposes.

“Residential Building” means a building designed for use for human habitation and includes a hostel, guest house, boarding house and any other building designed primarily for residential purposes and a residential club but does not include a

xl Amendment AM 2001/02 – 4 November 2002 xli Amendment AM 2001/02 – 4 November 2002


motel, hotel, single dwelling, apartment building or holiday flat.

“Restaurant”xlii means any building or land in or on which meals are served to the public for gain or reward and includes cafes but does not include a hotel, motel or service premises.

“Retirement Village” means a complex of buildings designed as a residential area with appropriate additional facilities for elderly or retired persons comprising single storey dwellings together with some or all of the following facilities which facilities shall by their size, nature, design and location evidence the dominant purpose of servicing the needs of the residents of the retirement village as opposed to the needs of the community at large:

community centres, private recreation facilities, commercial premises, service shops, service premises, consulting rooms, health care centres and welfare institutions.

“Road” means a road as defined by section 4 of the Act provided that unless the contrary intention appears, no reference to a road applies to a private road.

“Road Alignment” means the line or lines forming the boundary between a road and the lands abutting on or adjacent to that side of the road.

“Rural Industry”xliii means any industry handling, treating, processing or packing primary products, grown, reared or produced in the locality of that industry or a workshop and office servicing plant or equipment used for rural industry.

“Scrap Yard” means land used for the collection, storage, or sale of scrap metal, waste paper rags, bottles or other scrap material or goods, or used for collecting, dismantling, storage,

xlii Amendment T3 - 30 September 1993 xliii Amendment AM 2002/04 – 21 June 2002


salvaging or abandonment of automobiles or other vehicles or machinery and for the sale of parts thereof.

“Service Industry” means a light industry in which goods intended for sale on the site are manufactured or in which the processes are directed towards the servicing of goods or land and buildings and used as a depot for receiving goods to be serviced.

“Service Premises” means a shop for the sale of goods for human consumption, a beauty parlour, hair –dressing salon, travel ticket or betting agency or premises, a studio, a self-service laundry, a dry cleaner (domestic apparel) but does not include premises used as a restaurant.

“Service Shop” means a building not exceeding 160 square metres in floor area used or intended for use for the sale by retail of goods for daily convenience and may include a dwelling ancillary thereto.

“Service Station” means any land or buildings used for the purpose of fuelling motor vehicles, the sale of lubricants, accessories or parts, the carrying out of routine servicing such as oiling, greasing, cleaning or of running repairs but does not include any use not conforming to the requirements for Light Industry and does not include a motor repair garage, a fuel depot or a shop.

“Setback (in respect of a

building)”xliv xlv

means the shortest horizontal distance from a lot boundary to any part of a building on that lot excluding gutters.

“Shop” means any building or land in or on which goods are kept exposed or offered for sale by retail but does not include a super-market, service shop, service premises, restaurant, car, boat, caravan and machinery salesyard,

xliv Amendment V1 - 24 January 1995 xlv Amendment AM - 2000/08 20 August, 2001.


showroom or any other commercial retail or industrial use specifically defined in this Clause.

“Showroom”xlvi means any building or part thereof over 150 square metres in floor area, used or intended to be used for the display or sale or hire of items such as furniture, carpets, electrical goods, or the like, which requires an extensive display area.

“Single Dwelling”xxlvii means a dwelling, together with such out-buildings as are ordinarily appurtenant thereto, but excludes a dwelling in a row of dwellings attached to one another, such as are commonly known as semi-detached, terrace, town or row houses.

“Site” means:

(a) except in relation to a purpose carried out in part only of a building all the lots forming a continuous whole in the one ownership, possession or occupation and being used for a common purpose;

(b) in relation to a purpose carried out in part only of a building or part or parts of a building in the one owner-ship, possession or occupation and being used for a common purpose.

“Stable” means any building or portion of a building used or intended for use for the purpose of receiving, maintaining, boarding or keeping of one or more horses.

“State Policy”xlviii means a State Policy made under the State Policies and Projects Act 1993 and means that Policy in its terms at any relevant date.

“Store” means any building or enclosed land used for the storage of goods within or upon which no trade (whether retail or wholesale) or industry

xlvi Amendment T6 - 22 June 1993 xlvii Amendment - 22 July, 1996. xlviii Amendment AM 2002/04 – 21 June 2002


is carried on.

“Street” means a street as defined by section 4 of the Act.

“Streetscape” xlix means a series of more than four buildings or places or trees in one street that can be viewed as a collective group or contribute to a collective significance.

“Subdivide and Subdivision”

means subdivide and subdivision as defined in Section 462 (1) of the Local Government Act, 1962.

“Supermarket” means a self-service shop for the sale of food and household goods having a floor area in excess of 1000 square metres.

“Take-Away Food Shop”l li means any land used for the preparation and sale of food for immediate consumption exclusively or primarily off the premises.

“Tavern” means a non residential building licensed under the Licensing Act 1976, for the sale of liquor to the public.

“Timber Mill” means land or premises where logs or timber are sawn or chipped or pulped but does not include a joinery works unless logs or large pieces of timber are sawn therein.

“Tourist Operation” lii means use of land specifically to attract tourists, other than for the provision of accommodation. Examples are a winery, theme park, visitor’s centre, wildlife park and zoo.

“Tourist and Public Facilities”liii

means any building, area or sign providing amenities and facilities for tourists and the public and includes public toilets.

“Transport Depot” means land or buildings used for the garaging or parking of motor vehicles which are used or intended to be used for carrying persons or

xlix Amendment AM 2002/02 – 7 April, 2003 l Amendment T3 - 30 September 1993 li Amendment AM 2004/02 – 5 October 2004 lii Amendment AM 2004/04 – 29 November 2004 liii Amendment AM 2002/04 – 24 February, 2003


goods for hire or reward or for any consideration, or land or premises used for the transfer of persons or goods from one such motor vehicle to another of such motor vehicles and includes maintenance or minor repairs of such vehicles.

“Utility Services (major)”liv means land used for water treatment, sewage treatment, waste transfer station, refuse disposal site, a power generating works, a council works depot and an electricity substation or switching station of 100 kilovolts or more.

“Utility Services (minor)”lv means land used for water, sewerage, stormwater, electricity or telecommunications services reticulated to the immediate area including a sewage or water pump station of not more than 2 megalitre per day capacity, an electrical substation of less than 100 kilovolts, a water supply reservoir, or domestic recycling facility. It also includes navigation infrastructure related to port operation.

“Veterinary Establishment”

means land or buildings used by a veterinary surgeon or in connection with the treatment of sick animals or pets and includes the accommodation of sick animals or pets.

“Warehouse” means any building or enclosed land, or part of a building or enclosed land used for the storage of goods and the carrying out of commercial transactions involving the sale of such goods by wholesale.

“Welfare Institution” means an institution for the care and/or maintenance of children, the aged or infirm, or a benevolent institution, or orphanage but does not include a reformative or penal institution (whether for children or adults).

liv Amendment AM 2001/02 – 4 November 2002 lv Amendment AM 2001/02 – 4 November 2002


“Wharf” lvi means any land or structure used to provide facilities for vessels.

“Wood Yard” means land or buildings on or in which wood is stored, sawn or cut for sale as domestic firewood but does not include the carrying on of any process not conforming to the requirements for Light Industry.

“Zone” means any area prescribed in the Plan in which land is to be used for specified purposes and the use of land for any other purpose is regulated.

lvi Amendment AM 2002/04 – 24 February 2003


PART 2

2.0 RESERVATION OF LAND 2.1 Application of Part

This part shall apply to all land shown on the Plan to be a reservation and itemised under Column 1 of the Table in Clause 2.2.

2.2 Classification of Reservations

The several pieces of land specified in Column 1 of the Table hereunder are reserved for the respective purposes set out opposite thereto in Column 2 of the Table.

Column 1 Land Reserved and its indication on the plan

Column 2 Purposes for which land reserved

All land shown as Public Purposes (coloured yellow)

Government purposes, Council purposes, Community Centres, Education Establishments, Hospitals, Health Centres, Car Parks, Cemeteries & Crematoria, Welfare Institutions, Churches.

All land shown as Public Open Space (coloured mid silk green)lvii

Botanical Gardens, lviii

Public Park

and Passive Recreation, Recreational Grounds, Museums and Zoos. The installation of Utility Services (minor) lix

All land shown as Private Open Space (coloured green)

., Private Recreation clxxxiv

Botanical Gardens, Recreational Grounds, Private Recreation clxxxiv.

All land shown as Main Road (coloured persian orange)

Main Road

All land shown as Proposed Public Open Space (coloured mid silk green with black diagonal lines

Botanical Gardens, lx

lvii Amendment H5 - 3 October 1988

Public Park and Passive Recreation, Recreational Grounds, Museums & Zoos, Private Recreation clxxxiv

lviii Amendment AM 2001/02 – 4 November 2002 lix Amendment AM 2001/02 – 4 November 2002 lx Amendment AM 2001/02 – 4 November 2002 clxxxiv Amendment AM 2008/04 – 7 April 2009


2.3 Restrictions on Reservations

2.3.1 No person shall construct a building or carry out any works upon any piece of land reserved by this Scheme other than for the purposes prescribed under Clause 2.2 for such land.

2.3.2 No land reserved under this Scheme shall be spoiled or wasted so as to destroy or impair its use for the purposes for which it is reserved.

2.3.3 Nothing in this Clause shall be construed as prohibiting the reasonable fencing of land.

2.3.4 Until the land is acquired or obtained for the purposes prescribed under Clause 2.2 nothing herein shall prohibit the continuance of the use of any reserved land for any purpose for which it was lawfully used immediately before the approved date.

2.3.5lxi

lxi Amendment AM 2002/04 – 21 June 2002

DELETED


PART 3

3.0 USE OF LAND IN ZONES 3.1lxii

Subject to the provisions of Parts 2, 4, 5, 7, 8, 9, and 10 and the schedules of this Scheme and the requirements of any State Policy, no person shall:

Restrictions on use of land

3.1.1lxiii&lxiv

(a) erect, re-erect, alter, extend or demolish any building or works;

Except as permitted by Schedule 2:

(b) allow, permit or suffer any building or works to remain erected, re-erected, altered, extended or demolished;

(c) change the use of or extend the use of any land or buildings;

(d) change the use or allow, permit or suffer any land or building to continue to be used, or;

(e) do any other act of development or allow, permit or suffer the result of any such act of development to remain or continue on any land or building except pursuant to and in compliance with the provisions of this Scheme and the terms and conditions of any planning approval granted in respect of it.

3.1.2lxv

3.2 Classification of Land Use

It shall be a continuing contravention of this Scheme for any act referred to in Clause 3.1.1 to occur or continue until planning approval is granted in respect of it or (if it is a continuing act) until it ceases.

3.2.1lxvi

3.2.2lxvii

For the purpose of applying land and building use control, all uses are to be classified in accordance with the Schedule No 1 entitled “Table of Use Classes and Zones”.

3.2.3 Regardless of the provisions for the Business Commercial zone, or any

If the proposed use or development is within the CBD zone then classification is to be in accordance with clause 8.18 – CBD zone.

clxxxix other zone, use and development within the Don Road Marketplace is to be classified in accordance with clause 8.21 – Don Road Marketplace.

lxii Amendment AM 2002/04 – 21 June 2002 lxiii Amendment M6 - 11 July 1991 lxiv Amendment AM 94/01 - 24 January 1995 lxv Amendment M6 - 11 July 1991 lxvi Amendment AM 2001/02 – 4 November 2002 lxvii Amendment AM 2001/02 – 4 November 2002 clxxxvi Amendment AM 2008/01 – 4 August 2009 clxxxix Amendment AM 2009/03 – 30 March 2010


3.2.3 If the proposed use or development is within the Devonport Regional clxxxvi Homemaker Centre zone then classification is to be in accordance with

clause 8.20.

3.3 Table of Zones

lxviii

clxxxxix The purposes for which lands and buildings may be used are shown in the Schedule No. 1 entitled Table of Use Classes and Zone, in the CBD Precinct Land Use Tables – Clause 8.17.2 Precincts, and in the Don Road Marketplace Table of Use Classes in Clause 8.21.3. In such:-

3.3.1 the letter “P” means that the use is a principal use permitted as of right;

3.3.1(a)lxix

3.3.2 the letter “A” means that the use is prohibited unless the Council subject to the provisions of Section 733 B of the Act or any statutory modification or re-enactment thereof grants permission for that use;

the letter “P1” means the use is permitted as of right and a planning permit is not required provided that development complies with all

relevant development standards without invoking the provisions of Section 733B of the Act;

3.3.3 the letter “X” means that the use is prohibited.

3.4 Incidental Uses

Nothing in this Scheme shall prevent the establishment of a use reasonably incidental to a use permitted under this Scheme or by the council pursuant to the provisions of this Scheme.

lxviii Amendment AM 2001/02 – 4 November 2002 lxix Amendment P3 - 1 October 1992 Amendment 97/07 delete clause 3.5 15 June 1999 clxxxix Amendment AM 2009/03 – 30 March 2010


PART 4

4.0 lxx

4.1 Interpretation of this Part

PRE-EXISTING USES OR DEVELOPMENTS

In this Part, a reference to section 20 (or any subsection of section 20) is a reference to section 20 (or the relevant subsection of section 20) of the Land Use Planning and Approvals Act 1993.

4.2 Extension or Intensification of Pre-existing Uses

4.2.1 Despite any other provisions of this Scheme, clause 5.2.2 applies to a proposed use or development to which clause 5.2.3 would otherwise apply, if:-

(i) the proposal involves an extension or transfer from one part of a parcel of land to another of a use previously confined to the first-mentioned part of that parcel of land, or

(ii) a use of any land, building or work is substantially intensified, and

(iii) but for subclause (i) and (ii) (and sections 20(5) and (6)), section 20(3) would apply.

4.2.2 In exercising its discretion pursuant to clause 4.2.1, the Council shall seek to further the objective of protecting and, if possible, improving the amenity of the locality or otherwise bringing the use into greater conformity with this Scheme.

4.2.3 In addition to any conditions which the Council may impose on the proposed use or development, the Council may impose conditions on the use or development existing at the time of the application as if that use or development was the subject of the application.

lxx Amendment AM 94/01 - 24 January 1995


4.3 Alternate Uses to Pre-existing Uses

4.3.1 If:-

(i) section 20(3) applies to a use or development (the “pre-existing use”) which exists at the time of an application but which will cease if the use or development the subject of the application (“the alternate use”) commences; and

(ii) the alternate use is one which, but for this clause, would be prohibited by clause 5.2.3; and

(iii) section 20(3) does not apply to the alternate use because it was not in existence immediately before the approved date;

then, despite any other provisions of this Scheme, clause 5.2.2 applies to that application.

4.3.2 In exercising its discretion pursuant to clause 4.3.1, the Council shall seek to further the objectives of:-

(i) improving the amenity of the locality;

(ii) achieving a use or development of the land which is more in harmony with the intent or tenor of this Scheme that the pre-existing use; or

(iii) otherwise bringing the use into greater conformity with this Scheme.

4.3.3 In exercising its discretion pursuant to clause 4.3.1, the Council must be satisfied that the proposal will bring the pre-existing use into greater conformity with this Scheme.

4.3.4lxxi

lxxi Amendment AM95/03 - 14 June 1995

If an alternate use has been approved pursuant to clause 4.3.1, the provisions of clauses 4.2 and 4.3.1 to 4.3.3 shall apply to subsequent applications if the alternate use so approved was a pre-existing use.


PART 5

5.0 PERMITS 5.1 Development Application

5.1.1 Subject to Schedule 2 any person proposing to carrying out development for any purpose shall lodge with the Council an application in writing for permission for such development or use.

5.1.2 Applications shall be lodged with the Council, in writing, and contain a description of the proposed development or use of land, the requirements of any State Policy and such further particulars as the Council deems necessary to enable the Council to determine the application.

5.1.3 If the application is made by a person other than the owner, the consent in writing of the owner or his legally appointed representative will be required.

5.1.4 Council may request that an application to subdivide land or use land for any purpose be accompanied by an assessment of the cost of sewerage, road construction, water and drainage facilities required by the subdivision or use.

5.1.5 Where the application for use or development is proposed on agricultural land, it is to be accompanied by land capability information and land classification using the Class Definitions and methodology from the Land Capability Handbook, K.E. Noble 1992, Department of Primary Industry, Tasmania.

5.2 Determination of Application for Development of Land in Zones

In determining any such application for planning approval for development of land in any zone:

5.2.1lxxii lxxiiiIf such proposed development

lxxii Amendment AM 97/13 - 20 March, 1998.

is a principal use as shown by the letter “P” in the Table of Use Classes and Zones in Schedule No. 1 or in CBD Precinct Land Use Tables – Clause 8.18.2 Precincts, the Council shall issue a consent permitting such use. In doing so the Council may impose such conditions as it deems necessary having regard to the matters the Council may take into consideration as specified in Parts 6, 7 and 8 of this Scheme as are relevant to the application.

lxxiii Amendment AM 2001/02 – 4 November 2002


5.2.1(a)lxxiv

Where a “P1” development does not require any other approvals from Council, Council shall be notified of the commencement of that development.

A development for a use of land in a zone which is depicted in the Table of Use Classes and Zones or in CBD Precinct Land Use Tables –

Clause 8.18.2 Precincts by the figure “P1” may be undertaken without the application for and issue of planning approval, provided that development complies with all relevant development standards without invoking the provisions of Section 733B of the Act.

5.2.2lxxv

5.2.3 If the proposed development is prohibited as shown by the letter “X” in the Table of Use Classes and Zones in Schedule No. 1 or in CBD Precinct Land Use Tables – Clause 8.18.2 Precincts, the Council shall refuse the application.

If the proposed development is a use which is prohibited unless the Council grants planning approval for that use as shown by the letter “A” in the Table of Use Classes and Zones in Schedule No. 1 or in CBD Precinct Land Use Tables – Clause 8.18.2 Precincts, the Council may either refuse the application or may issue a permit permitting such use. In doing so, the Council shall have regard to the matters it may take into consideration as specified in Parts 6, 7 and 8 of this Scheme.

5.2.4 Where the proposed use is a use permitted by the Council pursuant to clause 5.2.2 the Council may impose such conditions as it deems necessary in relation to the matters required to be taken into consideration under this Scheme.

5.2.5 Where proposed development of land in zones is also subject to the provisions of Part 10 of this Scheme the requirements of that Part shall also apply.

5.3 Determination of Application for Use or Development of Land in Reservations clxxxiv

In determining such application for permission to use or develop land within any reservation: clxxxiv

5.3.1lxxvi

lxxiv Amendment P3 - 1 October 1992

If such proposed use or development is for the purpose for which the land is reserved under Section 2.2 of the Scheme Council shall issue a consent permitting such use or development either conditionally or unconditionally”. clxxxiv

lxxv Amendment AM95/03 - 14 June, 1995 clxxxiv Amendment AM2008/04 – 7 April 2009 lxxvi Amendment AM 94/02 - 23 May 1995


5.3.2 Notwithstanding clause 5.3.1 if the proposed use or development is for the purpose of any of the following – Government purposes, Council purposes, Community Centres, Education Establishments, Hospitals, Health Centres, Car Parks, Cemeteries, Crematoria, Welfare Institutions, Churches, Museums, Zoos, Recreational Grounds, Private Recreation – Council may exercise its discretion to either refuse the application or issue a permit permitting such use or development either conditionally or unconditionally. In doing so, the Council shall have regard to the matters it may take into consideration as specified in Parts 6, 7, 8 and 10 of this Scheme. clxxxiv

5.3.3. Subject to clause 2.3.5 if such proposed development is for the purpose for which the land is not reserved under Section 2.2 of the Scheme the Council shall refuse the application.

5.3.4 Where proposed development of reserved land is also subject to the provisions of Part 10 of this Scheme the requirements of that Part shall also apply.

5.4 Determination of Application for Development of Land subject to Overlay Controls under Parts 9 and 10.

5.4.1 In determining any application for planning approval under Part 10 of this Scheme the Council shall have regard to the matters it shall take into consideration as specified in that Part as well as those of Parts 6, 7 and 8 of this Scheme as may be relevant through the underlying zone or reservation provisions”.

5.5lxxvii

5.6 Special Provisions

DELETED

In any case where:

5.6.1 Where the Council has approved or permitted any development of land since the 2nd day of February, 1965 such approval shall lapse unless extended by resolution of Council if not substantially proceeded with, within two years after the date of approval.

5.6.2 Planning approval granted under this Scheme shall not absolve any person from the need to obtain any licence, permit or approval or other sanction under any applicable legislation.

lxxvii Amendment AM 2002/04 – 21 June 2002 clxxxiv –Amendment AM 2008/04 – 7 April 2009


5.7 Commencement of Permit

Planning approval given for a use which is prohibited unless the Council grants planning approval for that use as shown by the letter “A” in the Table of Use Classes and Zones in Schedule No. 1 or in CBD Precinct Land Use Tables – Clause 8.18.2 Precincts, shall not be effective or operated upon until expiration of the period for appeal as determined by the provisions of the Act, or if an appeal has been lodged pursuant to that Clause, until after the determination of the appeal.

5.8 Lapse of Permits

5.8.1 Every planning approval given under this Scheme by the Council shall, unless extended by resolution of the Council, lapse at the expiration of twelve months if the purpose for which the approval was given has not been substantially proceeded.

5.8.2lxxviii

5.9 Suspension of Planning Approvals

An approval for a subdivision proposal plan shall lapse after a period of two years from the date of issue. Where an approval proposal plan has lapsed a renewal shall be treated as a new application.

5.9.1lxxix

(a) specifying the planning approval, the premises and condition to which the notice relates;

If any person fails to comply with the requirements of any condition imposed by Council on any planning approval the Council may give written notice to that person in any manner specified by Section 876(1)(b) of the Act:

(b) stating that the condition is not being complied with or fulfilled and in what manner; and

(c) stating that unless the condition is complied with or fulfilled within 28 days (or such longer period as the notice specifies) the planning approval referred to shall immediately be suspended until the condition is complied with or fulfilled.

5.9.2 If a person to whom a notice is given pursuant to clause 5.9.1 fails to comply with the requirements of the notice within the time specified in the notice the planning approval referred to in that notice shall be suspended and be of no effect until the notice is complied with.

lxxviii Amendment J6 - 15 September 1990 lxxix Amendment J7 - 15 September 1990


5.10 lxxx

5.11 Delegation of Council’s Powers

DELETED

Subject to Sections 133, 134 and 180A of the Act, the Council may delegate any of its powers or functions under this Scheme, including those powers or functions which this Scheme requires to be exercised by resolution of the Council.

lxxx Amendment AM 2001/04 – 21 June 2002


PART 6

6.0 IMPLEMENTATION OF THIS SCHEME 6.1 General Duty of Council

6.1.1 It shall be the duty of the Council within the ambit of its powers to give effect to, and observe and to enforce the observances of the requirements of this Scheme in respect of all development or the use of land of any description or kind whatsoever undertaken within the area affected by this Scheme, whether by the Council or by any other person, public or private.

6.2 Application of this Scheme

In the implementation of the provisions of this Scheme and in respect of any application for planning approval to carry out development or use of any land or building, the Council shall take into consideration:

6.2.1 the provisions of this Scheme;

6.2.2 any detailed plan, code, or standard adopted by resolution of Council for the development of any locality, zone, or class of use or uses covered by the provisions of this Scheme;

6.2.3 the character of the locality, the existing and future amenities of the locality and the values of the properties in the surrounding locality;

6.2.4 the availability of existing public utility services and roads;

6.2.5 the size and shape of the parcel of land;

6.2.6 the provisions of access, and areas for loading, parking and the manoeuvre of vehicles;

6.2.7 the provision and subsequent proper maintenance of adequate landscaping and associated street furniture, amenity facilities, illumination and treatment of the site generally;

6.2.8 the circumstances of the case and the public interest;

6.2.9 the position of buildings on allotments in relation to boundaries or to other buildings, their density, character, height and harmony in design of facades;

6.2.10 the need to impose limits as to length of establishment of operation and the periods within which activities may be carried out;


6.2.11 the desirability of preserving any existing buildings considered to be of historical or architectural interest lxxxiand the effect of the proposed

6.2.12 the effect of the development on any scenic views from adjacent or nearby premises;

development on the heritage significance of Heritage Items, Heritage Areas and places the Planning Authority considers to have historical or architectural interest.

6.2.13lxxxii

6.2.14 any other provisions under the Act.

the requirements of any State Policy;

6.3 Furtherance of Scheme

For the purpose of implementing the provisions of this Scheme in general and for the administration of Clause 6.2 in particular, the Council may, with the approval of the Commissioner, adopt any other special plans, designs, codes or standards in respect of all or any of the matters which are referred to in the 7th Schedule of the Act.

6.4 Stages of Development

The Council may at any time after the approved date by way of elaboration of this Scheme and subject to the provisions of Section 732 of the Act, adopt a programme which shall provide for the stages during which the development of specified areas shall be carried out.

6.5 Provisions of Marine Act 1976

Notwithstanding anything to the contrary contained in this Scheme, the provisions of sub-section (2) of Section 19 of the Marine Act 1976, shall apply within the boundaries of the area proclaimed as “the wharf of Devonport” pursuant to that subsection.

lxxxi Amendment AM 2002/02 – 7 April, 2003 lxxxii Amendment AM 2002/04 – 21 June 2002


PART 7

7.0 PROVISIONS 7.1 Subdivision of Land

The following provisions shall apply to the subdivision of land in all zones in this Scheme:

7.1.1 no land shall be subdivided without the consent of the Council;

7.1.2 any plan of subdivision of land shall have regard to any overall development plan adopted by Council for the purpose of indicating forward development proposals for street and road patterns, general land use, car parking, open space, community facility location and any other town planning matter.

7.1.3lxxxiii

7.1.4lxxxiv

any plan of subdivision shall seek to protect existing stands of trees over 6 metres high so that residential development does not encroach into an established green belt area or recognised reserve.

(i) the provisions of this Scheme, the requirements of any State Policy and any other regulation applicable to subdivision of land within the zone;

plans of subdivision of land in any Zone shall take into consideration:

(ii) the suitability of the land for its intended purpose;

(iii) the suitability of the layout of streets and allotments having regard to:

(a) the relationship of the proposed street pattern to any overall development plan adopted by Council.

(b) the relationship of the proposed street pattern to the existing streets;

(c) the suitability of the street pattern for extension into adjacent land;

(d) the discouragement of through traffic;

(e) the ease of access to all allotments by attention to gradients and curves and ease of movement through the subdivision by vehicles and pedestrians;

(f) the location and frequency of intersections and the avoidance of crossroads;

lxxxiii Amendment AM 2003/02 – 5 October 2004 lxxxiv Amendment AM 2002/04 – 21 June 2002


(g) the economy of road lengths, earthworks and drainage;

(h) the amenity to be gained by careful design and location of streets and lot boundaries, retention of sound existing trees and the use of favourable aspects for lots when available;

(i) the achievement of good visibility at intersections by appropriate alignment and grading of streets and adequate truncations of property boundaries;

(iv) and shall ensure the availability and provision of utility services, including water, sewerage, drainage and electricity, to the satisfaction of Council.

(v) the provision of adequate open space for both active and passive recreation and the location of the open space in relation to other land uses and other recreation areas in the vicinity, with particular attention to the provision of adequate open space along each bank of any rivers, creeks and streams on the subdivision.

(vi) whether any part of the land is liable to flooding;

(vii) areas likely to be required for public purposes;

(viii) the successive stages in which subdivision is intended to proceed;

(ix) the requirements of the Department of Health Services in respect of septic tanks.

(x) lxxxv

7.1.5 In granting approval for subdivision, Council may impose such appropriate conditions as it deems fit including without affecting the generality of the foregoing:

the heritage significance of the land including any buildings, works or vegetation on the land and, if the land is located within a Heritage Area, the heritage significance of that Area.

(i) the full servicing of the subdivision including roads, footpaths, drainage, water and electricity reticulation, and suitable sewerage treatment works;

(ii) the adoption of a programme which shall provide for the stage timing within which development of the subdivision shall be carried out;

lxxxv Amendment AM 2002/02 – 7 April, 2003


(iii) lxxxvi

(iv)lxxxvii

the preparation of a Heritage Impact Statement or Conservation Plan or both for any land that is a Heritage Item or is within a Heritage Area affected by the subdivision.

7.1.6 Nothing in this Scheme shall require or be construed to require Council to pay compensation for land reserved for open space where such land may be required to be dedicated under the Act.

the protection or conservation of existing trees over 6 metres in height that contribute to the overall amenity of the surrounding area.

7.1.7lxxxviii lxxxix& xc xci

7.1.8 Special Purpose Subdivisions

Notwithstanding the minimum area for allotments in Clauses 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.10 and 8.12, 8.13, 8.14 and 8.20 the Council may deem a lot to meet the requirements of this Scheme, if it lies behind a block fronting a road and being in all respects a minimum lot if that block were a road and it has a private road or right-of-way at least 3.6 metres wide to a public road, which private road or right-of-way is not required as the sole or principal means of access to any other land.

7.1.8.1 In this clause “discretionary” means that Council may either refuse the application or may issue a permit permitting the subdivision in accordance with s.57 of the Act and clause 8.7.2 of this Scheme.

7.1.8.2 A subdivision which does not comply with any other provision of this Scheme is discretionary if:

(a) the Council is satisfied that the predominant purpose of the subdivision is the:

(i) conservation or enhancement of the heritage value of a property referred to in Part 10 or of any other property or item of conservation or heritage value; or

(ii) provision for or improvement of infrastructure or utilities for the benefit of the public (whether owned or developed by public or private corporations) such as roads, drains, sewers, gas pipes, waste management facilities, quarries, railways or electricity, telephone or telecommunication lines; or

(iii) consolidation of lots; or

lxxxvi Amendment AM 2002/02 – 7 April, 2003 lxxxvii Amendment AM 2003/02 5 October 2004 lxxxviii Amendment M3 - 11 July 1991 lxxxix Amendment AM 94/12 - 23 May 1995 xc Amendment AM 2002/04 – 21 June 2002 xci Amendment AM 2001/02 – 4 November 2002


(iv) provision for xcii

(b) it is a subdivision in which all but one of the lots to be created are consolidated with at least one existing adjoining lot and the other lot created complies with the minimum area of the relevant zone.”

public park and passive recreation and public facilities to which it can be demonstrated by the applicant there is an overriding need to which the public will benefit and a suitable alternative site is not available.

7.2 Areas of Doubtful Land Stability

In areas of doubtful land stability all development and subdivision of land permitted under this Planning Scheme shall be subject to xciii

7.3 Accommodation of Vehicles

a geotechnical assessment and recommendation by a suitably qualified person.

7.3.1 Provision shall be made for the accommodation of stationary vehicles upon any land used or intended to be used for any purpose specified in column 1 of the table to this clause in the ratio set forth in column 2 of the table, provided that the number of car spaces to be provided shall not be less than the nearest higher whole number arrived at when the ratio is applied.

7.3.2 The provisions of clause 7.3.1 shall not apply in respect of land or buildings:

(i) within the areas hatched in black on the Plan of Car Parking Exemption Areas attached to this Scheme and which is not used for a hotel or motel; or

(ii) which has been used for any purpose specified in column 1 of the Table to this clause prior to the approval date provided that the use is not changed or that any buildings or works are not enlarged,

(iii) xciv

7.3.3 Where in the circumstances of the particular case and after consideration of the tenor of this Scheme:

which will have an unacceptable and adverse impact on the heritage values of a Heritage Item.

(i) it is reasonable so to do, the Council may consent to the provisions for the accommodation of stationary vehicles being less than that required by clause 7.3.1;

xcii Amendment AM 2001/02 – 4 November 2002 xciii Amendment AM 2003/02 – 5 October 2004

xciv Amendment AM 2002/02 – 7 April, 2003


(ii)

xcvii

xcv xcvi it is unreasonable or impracticable for any provision to be made for the accommodation of stationary vehicles, the Council may waive the requirements of clause 7.3.1 but as a condition of such consent or waiver the Council shall require an amount of cash in lieu of car spaces as determined and required pursuant to clause 7.3.7 for each car space in respect of which the number of car spaces approved by the Council is less than the number otherwise required by this Scheme in the Business Commercial, Business Local, Transport and Warehouse, CBD, Light Industrial, Port,

7.3.4 The owner or occupier of any land whereon provision is to be made for the accommodation of stationary vehicles shall before any work or building is commenced have approved by the Council a plan delineating all car spaces and access lanes and screening proposals where required.

General Industrial, Offensive Industrial, Special Industrial and Semi-Residential zones.

7.3.5 All land whereon provision is or is to be made for the accommodation of stationary vehicles in conformity with this clause shall be properly drained and shall be sealed with an all-weather seal-coat which shall be capable of being line marked and such drainage and sealing shall be carried out to the satisfaction of the Council.

7.3.6 The access lanes to car spaces shall not be less than 6.5 metres wide unless such access lanes shall provide access to car spaces on one side of the access lane only in which case such access lane shall be not less than 3.25 metres wide.

7.3.7 (i) The Council shall from time to time by public notice determine the amount of cash in lieu for a car space.

(ii)xcviii

(a) maintenance, improvement or supervision of public car parks in the vicinity of the site or if none are in the vicinity then the nearest public car park to the site;

The amount of cash in lieu received by Council in respect of any site pursuant to Clause 7.3.3 shall only be expended by the Council on the:

(b) provision of a public car park in the vicinity of the site.

TABLE TO CLAUSE 7.3

xcv Amendment J1 - 6 September 1990 xcvi Amendment AM 2001/02 – 4 November 2002 xcvii Amendment AM 2002/04 – 24 February, 2003. xcviii Amendment J1 - 6 September 1990


COLUMN 1 COLUMN 2 Apartment Buildings, Flats,

Manufactured Homes 1.5 car spaces to each dwelling or flat

Bank 1 car space to each 100 square metres of floor area of all buildings

Call Centre xcix 1 car space for every 10 square metres of floor area

Caravan Park & Camping Area 1 car space to each camp site Church 1 car space to each 10 seats or every

10 persons the building can accommodate

Club (non-residential) 1 car space to each 10 square metres of club rooms excluding administrative offices and service areas

Commercial Premises 1 car space to each 40 square metres of floor area of all buildings

Community Centre 1 car space to each 40 square metres of floor area of all buildings

Consulting Rooms 4 car spaces for every consulting room with minimum of 5 parking spaces

Discount Department Store clxxxix

3 car spaces to each 100 square metres of floor area of the building used for retail sales or display

Educational Establishment 20 spaces plus 1 additional car space to each room used as a classroom

Funeral Parlour 1 car space to each 3 seats or persons that the building is designed to accommodate

Health Centre 3 car spaces to each 100 square metres of floor area

Holiday Flats 1 car space to each flat Hospital 1 car space to each two beds available

to patients and one car space for each two bedrooms available for accommodation of staff

Hotel or Licensed Premises

1 car space to each 2 square metres of bar floor space available to the public; 1 car space to each 6 square metres

xcix Amendment AM 2002/04 – 24 February, 2003. clxxxix Amendment AM 2009/03 – 30 March 2010


of lounge and beer garden floor space available to the public; 1 car space to each 6 seats available in the dining room; 1 car space to each 20 square metres of floor area available for conference rooms or places of assembly 1 car space to each hotel or motel bedroom

Industry 1 car space for every 50 square metres of roofed area plus 1 car space for every 100 square metres of unroofed storage or work area

Industrial Sales 1 car space for every 100 square metres of floor area of all buildings or the number of parking spaces equivalent to an area of not less than 10% of the site whichever is the greater

Institutional Building 1 car space to each 8 beds available to patients

Motel (Unlicensed) 1 car space to each Motel bedroom unit plus 1 car space to each 6 seats available in the dining room

Motor Repair Garage 1 car space to each 150 square metres of floor area of the building

Office 1 car space for every 25 square metres of floor area

Private Recreation c 1 car space for each 4 persons able to use the venue at any one time including staff

Professional Office 3 car spaces per 50 square metres of each floor of the building

Residential Building (including Elderly Persons)

1 car space to each accommodation unit

Where there is more than eight units, the provisions of car parking for visitors’ cars shall be as determined by

c Amendment AM 2004/04 – 29 November, 2004


Council Reception Rooms 1 car space to each 4 persons the

building can accommodate Restaurant 1 car space to each 4 persons the

building can accommodate Scrap Yard 1 car space to each 150 square

metres of site area Service Station 4 car spaces to each service bay Single Dwelling ci 2 spaces, the second of which may be

tandem

Shop 3 car spaces to each 100 square metres of floor area of the building used for retail sales or display

Showroom 1 car space to each 150 square metres of floor area of the building

Supermarket 1 car space for every 12.5 square metres of floor area

Theatre 1 car space for every 5 seats available to the public

Timber Mill 1 car space for every 50 square metres of floor area of all buildings

Tourist Operation cii 1 car space to each 25m2 of floor area plus 1 car space to each 50m2 of external area used for dining, entertainment and similar purposes plus 1 bus space for each 10 car parking spaces

ci Amendment AM 2004/04 – 29 November 2004 cii Amendment AM 2004/04 – 29 November 2004


Veterinary Establishment 4 car spaces to each room used for veterinary purposes with a minimum of 5 car spaces

Warehouse 1 car space to each 200 square metres of the floor area of the building

Welfare Institution 1 car space to each 8 beds available to patients

Any use not specified in this table Number of parking spaces to be determined by Council.

7.4ciii

Except by resolution of Council, no movable dwelling unit shall be used for a house, dwelling, dwelling annexe, supplementary residence or permanent residence on privately owned land in any area to which this Scheme applies.

Movable Dwelling Units

7.5 Advertising Signs

civ

7.5.1 the erection or display, on the site to which advertisements relate, of not more than one free-standing advertising sign nor more than 3 advertisements having a maximum aggregate area of 4 square metres and a maximum height above ground level of 3.5 metres relating to:

Within the area to which this Scheme applies, excluding the Port Zone, no advertisement shall be displayed or advertising sign erected provided that nothing in this clause shall prohibit:

(i) the sale by auction of the site provided that the period of display is limited to 90 days;

(ii) the sale of goods or livestock on the site;

(iii) the erection of buildings or other structures provided that the period of display is limited to the duration of the work;

(iv) any local event of a religious, educational, cultural, political, social or recreational character not promoted or carried on for commercial purposes provided that the period of display is limited to 60 days;

(v) any site used for business purposes and referring to the business, the goods sold or services provided or the name and occupation of the person or organisation occupying the site;

ciii Amendment V4 - 24 January 1995 civ Amendment AM 2002/04 – 24 February, 2003.


(vi) any institution or establishment of a religious, educational, cultural, recreational, medical or similar character;

7.5.2 the erection or display of any advertisement or advertising sign;

(i) by a statutory authority or the Council for any purpose necessary in the interests of the safety, convenience or well-being of the public;

(ii) on the site to which it related for notice of letting or of sale by negotiation, direction or warning purposes provided that the advertisement has an area not greater than 0.3 square metres and only such number is displayed as is necessary in the interests of the safety, convenience or well-being of the public;

(iii) inside a building unless the advertisement is illuminated and directly visible to persons outside the building;

7.5.3 the erection or display, subject to the consent of the Council and to any conditions which the Council may in its discretion impose, of advertisements and advertising signs which would not comply with the provisions of sub-clause 7.5.1 provided that the advertisements are displayed on:

(i)cv cvi

(ii) enclosed land being a sports ground or other public use and are directed towards the interior of the site.

buildings and land in the Business, Transport and Warehouse, Semi Residential; CBD and Industrial Zones;

7.5.4 In considering any application for a permit the Council shall take into account the effect of the advertisement on the appearance of the surrounding area and on the safety of persons using any road or other public way.

7.5.5 Every advertisement and advertising sign be maintained in good repair and every advertisement shall be maintained in a legible condition by the owners of the property on which the advertisement or advertising sign is situated.

cv Amendment AM 94/10 - 3 April 1995 cvi Amendment AM 2001/02 – 4 November 2002


7.6 Environmental Impact Statements

7.6.1 Having regard to the orderly and proper planning of the land and the preservation of the amenity of the surroundings Council may require an environmental impact statement to accompany any application for planning approval unless the proposed use is a principal use as shown by the letter "P" in the Table of Use Classes and Zones or in CBD Precinct Land Use Tables – clause 8.18.2 Precincts.

7.6.2 The preparation of an environmental impact statement shall be based on "Guidelines and Procedures for Environmental Impact Studies" available at the offices of the Council.

7.6.3 The environmental impact statement accompanying an application and plans for development will be considered by the Council and relevant authorities in determining the suitability of the proposed development and may form the basis of such conditions as the Council deems fit to include in a permit.

7.7 Tree Preservation

7.7.1 Where it appears to the Council to be necessary for the purpose of securing amenity or of preserving existing amenities, the Council may issue an order known as a "Tree Preservation Order".

7.7.2 Such an order may prohibit the ringbarking, cutting down, topping, lopping, removing, injuring or wilful destruction of any tree or trees specified in the Order, except with the consent of the Council given with or without such conditions as Council deems necessary.

7.7.3 Any such order may apply without limitation to any location, area, class, type or description of trees generally or particularly.

7.8 New Roads

The opening of an unmade road or road reservation which forms a junction with a State Road shall require the approval of the Department of Main Roads.

7.9 Caravan Parks and Camping Areas

7.9.1 The minimum area of the site shall be 2 hectares unless otherwise determined by resolution of Council;

7.9.2 every part of the site within 15 metres of a road alignment (except where access is provided) or within 6 metres of any boundary other than a road alignment shall be landscaped to the satisfaction of Council;

7.9.3 the design of the site shall be to Council's satisfaction.


7.10 Extractive Industries

7.10.1 Before permitting any use of land for extractive industry, the developer shall provide plans of the proposed development use, landscaping and rehabilitation of the site to the satisfaction of the Council;

7.10.2 shrubs and trees shall, if required by Council, be planted and maintained around the boundaries of the site in such manner as to screen the activities on the site;

7.10.3 parking facilities as determined by Council shall be provided on the site for vehicles or employees and vehicles used in connection with the works carried out thereon;

7.10.4 any proposed new extractive industry shall comply with the requirements of clause 7.6.1 hereof;

7.10.5 the Council shall set conditions governing the restoration of the landscape, landform and natural vegetation in and around land when it ceases to be used for extractive industry purposes.

7.11 Scrap Yards

7.11.1 The site shall be enclosed by a fence of materials, design and location approved by the Council so as to effectively screen the contents of the scrapyard from without, provided that the fence shall be:

(i) not less than 2.5 metres in height;

(ii) of lesser height when combined with planting to the satisfaction of the Council;

7.11.2 no stack of material shall exceed 2.5 metres in height provided however that the Council may consent to a greater height where it is satisfied that the contents of the scrap yard will be effectively screened;

7.11.3 no building to be used other than as a dwelling or office shall be erected and no materials stored within 8 metres of any adjoining Residential Zone;

7.11.4 the loading and unloading of vehicles shall be carried on entirely within the boundaries of the site;

7.11.5 the position and width of all points of vehicular access to the site shall be subject to the Council's approval;

7.11.6 internal access not less than 4.5 metres wide shall be laid out and kept clear at all times for the passage of vehicles.

7.12 Service Stations

7.12.1 No buildings, other than a canopy shall be erected:


(i) less than 10 metres from any road alignment;

(ii) a lesser distance from any boundary than is required for any other building in the same zone;

(iii) less than 5 metres from any site included in a Residential Zone unless the use of such building is a dwelling or office.

7.12.2 Footpath crossings shall not be less than:

(i) 8 metres wide nor more than 9 metres wide (measured parallel to the frontage);

(ii) 4.5 metres apart;

(iii) 8 metres from any part of a road junction or intersection;

(iv) 4.5 metres from land not in the same occupation;

(v) two in number nor more than two to each road alignment;

(vi) 60 degrees nor more than 90 degrees to the road alignment.

7.12.3 A wall or a straight faced kerb at least 150mm high shall be erected along the whole of the road alignment except where footpath crossings are required.

7.12.4 Fuel pumps including base structures shall be located no less than 4 metres from any road alignment.

7.12.5 The site shall have an area of not less than 1000 square metres;

7.12.6 The site shall be not less than 100 metres from the intersection or junction of a main road with another main road.

7.12.7 Where the site has a frontage to a road and is not a corner lot the frontage to the road shall be not less than 30 metres.

7.12.8 The layout of buildings and works on the site shall be such that vehicles filling storage tanks shall stand wholly within the site and that a vehicle measuring 2.5 metres by 14 metres can enter and leave the site moving in a forward direction.

7.12.9 Provision shall be made for the site to be landscaped and maintained to the satisfaction of the Council.

7.12.10 Provision shall be made for vehicles associated with the use to be parked within the site.

7.12.11 No nuisance or annoyance shall be caused by the escape of ash, dust, fuel, fumes, grease, grit, oil, smell, noise, smoke, soot, steam, vibration, waste water or waste products from the site.


7.12.12 No wall or fence within 5 metres of a road alignment shall exceed a height of 2 metres above ground level.

7.13 Consulting Rooms

7.13.1 No building, or any part of a building, shall be used as a consulting room in a residential zone unless:

(i) the consulting room is part of a dwelling house and the main use of that building remains as a dwelling house;

(ii) conforms with section 7.3 of this Scheme;

(iii) one advertisement only is displayed on the site and such advertisement is not more than 0.1 square metres in area and relates to the use of the building as a consulting room.

7.14 cviiiApartment Buildings, Flats and Holiday Flats:cvii -

The development of ‘Apartment Buildings’ is prohibited in a Heritage Area or on a title occupied by a Heritage Item.

Unless stated otherwise, or by resolution of Council, the following conditions shall apply to the development of flats, holiday flats and apartment buildings:

7.14.1 Density

There shall be no more than 1 dwelling per 333m2 of allotment area.

7.14.2 Distance from Boundaries

No part of any building shall be nearer to any point on the allotment boundary than the minimum distance set out in the following table:

cvii Amendment AM 95/02 - 3 July 1995 cviii Amendment AM 2002/02 – 7 April, 2003


Frontage Boundary One Two Three Storey Storey Storey Up to 18.29 front 7.5m 7.5m 7.5m metres side 3.0m 3.5m 4.25m rear 3.0m 4.5m 6.0m Over 18.29 front 7.5m 7.5m 7.5m Up to 21.3 side 3.0m 3.5m 5.0m metres rear 3.0m 4.5m 7.5m Over 21.3 front 7.5m 7.5m 7.5m metres side 3.0m 4.25m 5.0m rear 3.0m 6.0m 7.5m

7.14.3 Distance between Buildings

For buildings on the same allotment, no wall shall be closer to any wall of another building than the side setback distance prescribed by Clause 7.14.2.

7.14.4 Distance From Driveways

No exterior wall of a living room or bedroom of any dwelling shall be closer than 3.0m from a driveway or footpath giving access to any other dwelling.

7.14.5 Dwelling Size

(a) the average floor area of all dwellings on an allotment shall not

be less than 60.5m2;

(b) not more than one third of the dwellings on the allotment shall

be less than 60.5m2 in floor area except where two flats are

contained within a single building; and

(c) the minimum floor area of a dwelling shall be 46.5m2.

7.14.6 Private Open Space

(a) Every ground floor dwelling shall be provided with private open space where:

(i) the minimum area is 35m2;

(ii) the minimum dimension of any part is 3.0m;

(iii) one part has a minimum area of 16m2, a minimum

dimension of 4.0m, and is directly accessible from a living room of the dwelling; and

(iv) the gradient is not steeper than 1 in 4 (25%).


(b) Every above ground floor dwelling shall be provided with private open space in the form of a balcony where:

(i) the minimum area is 10m2;

(ii) the minimum dimension of any part is 2.0m; and (iii) direct access is provided from the main living room of

the dwelling. (c) Private open areas shall be located and designed to maximise

accessibility, sunlight, and privacy. 7.14.7 Communal Open Space

Landscaped communal open space areas shall be provided in addition to land occupied by car parking spaces and driveways. For every above ground floor dwelling a minimum of twenty square metres of communal open space shall be provided in addition to the private open space prescribed by Clause 7.14.6(b).

7.14.7A c/xxxii Notwithstanding Clauses 7.14.1 and 7.14.3 within the Closed Residential Zone north of Murray Street, East Devonport;

(1) the density may not be more than 1 dwelling per 220m2; and (2) the distance between the walls does not apply to conjoined

dwellings and may not be less than 1.2 metres where the walls of adjacent dwellings do not have windows;

provided that; (3) not more than 50% of the area of the site is covered by roofed

buildings; and (4) the average size of the units on a site is not more than 100m2 and (5) the development is configured so that sunlight to private open

space and dwelling unit interior is optimised.

clxxxii – Amendment No 2005.05 – November 2006


7.14.8 Landscaping

A landscaping and planting plan shall accompany each application. Approval shall be conditional upon the lodging with the Planning Authority of a bank guarantee or deposit for a sum calculated at the rate of $10.00 per square metre of the area to be landscaped. Such guarantee shall be retained by the Planning Authority until after the completion of all building, site and landscaping works to the satisfaction of the Planning Authority, at which time if in the opinion of the Planning Authority the landscaping has not been established to a satisfactory condition, the Planning Authority may expend as much of the bond as it deems fit to achieve conformity with the plan approved.

7.14.9 Car Parking

In addition to the requirements of Clause 7.3, car parking and driveway areas shall be designed so that:

(a) no vehicle is required to enter or exit the site in reverse motion;

(b) where there are three or more dwellings on an allotment the minimum width of the driveway access shall be 3.6m;

(c) the minimum dimensions of car parking spaces shall be 2.6m x 5.5m;

(d) visitor car parking spaces are accessible to the occupants of all dwellings on site.

7.14.10 Facilities

Each development shall include:

(a) Individual clothes drying facilities for each dwelling;

(b) Legible street and unit numbers;

(c) Adequate mail and newspaper receptacles adjacent to front boundary;

(d) An area set aside within 2m of the front boundary for the placement of garbage containers on collection days, such area to be suitably screened or constructed to prevent foraging by animals.

7.14.11 Design

The design and materials used for the development shall be to the satisfaction of the Planning Authority.


7.15cix

If any person contravenes or fails to comply with any provision of this Scheme or with any term or condition imposed by any approval given under this Scheme the Council may, in addition to any other remedies it may have:

Contravention

7.15.1 prosecute that person pursuant to Section 847 of the Act, and/or

7.15.2 obtain an injunction from the Supreme Court of Tasmania preventing that person from so contravening or failing to comply or from continuing to so contravene or fail to comply.

7.16 Dwelling Cladding

7.16.1 All dwellings shall be constructed with external materials finished in colours and tones that blend in with the dominant landscape character of the locality within which the building is to be constructed to the satisfaction of the Council. Unpainted or non coloured-treated metal finishes shall not be provided except:

• where proposed for roofing of a pitch not exceeding five degrees and where the roof is not able to be overlooked from surrounding land; or

• where the construction constitutes an addition to an existing dwelling constructed predominantly of the same material and the area of any additions since (the date of approval of this amendment) is less than fifty percent of the total floor area of the dwelling.

7.16.2cx

7.16.3

The requirements of Clause 7.16.1 may be varied subject to the discretion of Council under S.57 of the Act, where Council considers that the colours, tones or unpainted or non colour-treated metal surfaces proposed are acceptable in terms of visual amenity.

cxi

cix Amendment J4 - 6 September 1990

Deleted

cx Amendment AM 2004/02 – 5 October 2004 cxi Amendment AM 2004/02 – 5 October 2004


7.17 Landscaping Bonds

7.17.1cxii

7.17.2 The Council shall from time to time by public notice determine the amount per square metre of the area required as the landscaped area.

Unless otherwise determined by resolution of the Council subject to the provisions of section 733B of The Act, it shall be a condition of any planning approval application in respect of which a landscaped area is required that the applicant lodge with the Council either a bank guarantee or a deposit of money for the amount determined pursuant to Cl. 7.17.2 and no development may be commenced until such bank guarantee or deposit is lodged with Council.

7.18 cxiiiBuilding Height, Site Coverage and Setback

7.18.1 The setbacks and height of buildings shall be appropriate to the efficient use of the site, the size and natural condition of the land, the streetscape and the scale of development in the locality.

7.18.2 Unless otherwise stated in this Planning Scheme the minimum setback of buildings from road frontages and other boundaries in zones shall not be less than the distances specified in the following table:

cxii Amendment J5 - 6 September 1990 cxiii Amendment AM 2000/08 – 20 August 2001


Table to Clause 7.18.2

Minimum Distances to Boundary

ZONE Principal Road Frontage

Other Road Frontages

Other Boundary

Closed Residential 7.5m 3.0m 1.5m

Semi Residential 7.5m 3.0m 1.5m

Low Density Residential 11.0m 4.5m 4.5m

Rural Residential 25.0m 10.0m 10.0m

Reserved Residential 7.5m 3.0m 1.5m

Village 7.5m 3.0m 1.5m

Business Commercial - - -

Business Local 7.5m 3.0m 1.5m

Transport & Warehouse - - -

CBD cxiv Refer to Clause 8.20

Light Industrial 10.0m 5.0m -

General Industrial 10.0m 5.0m -

Offensive Industrial 10.0m 5.0m -

Special Industrial 10.0m 5.0m -

Recreation Special 7.5m 3.0m 1.5m

Rural 25m 25m 10m

• When any dispute exists where a lot has more than one road frontage as to which constitutes the principal frontage the Council shall determine the principal frontage having regard to the respective widths of the road frontages, the general alignment of development in the street and any other matter it deems appropriate.

• When a lot has more than one road frontage but does not constitute a corner lot both frontages shall be deemed as principal frontages.

cxiv Amendment AM 2001/02 – 4 November 2002


7.18.3 The setback of garages, carports and outbuildings to boundaries other than road frontages within the Closed Residential zone may be reduced to distances not less than prescribed by the relevant Building Regulations.

7.18.4 Unless otherwise stated in the Planning Scheme, the height of any dwelling shall not exceed 8.5 metres above natural ground level. This does not include minor protuberances such as aerials, antennae and the like.

7.18.5 Within any residential zone the height of any wall of a garage, carport or outbuilding shall not exceed 3 metres above natural ground level nor shall the aggregate length of walls of such buildings extend for a distance greater than 10 metres along any one boundary.

7.18.6 The height of any fence shall not exceed 2.1 metres.

7.18.7 Within any residential zone the site coverage of a dwelling and any associated garages, carports and outbuildings shall not exceed 50 percent of the site area.

7.18.8 The requirements of Clauses 7.18.2, 7.18.4, 7.18.5, 7.18.6 and 7.18.7 may be varied subject to discretionary permission under Section 57 of the Act.

in considering an application for discretion under Clause 7.18.8 the Council must have regard for:

• the intent of the zone;

• any constraints of the site or any adjoining site in terms of the size and shape of the lot and its topography;

• whether the development will have a detrimental impact upon the amenity of the locality

• existing setbacks of the immediate area; and

• the nature of existing or proposed landscaping on the site.

7.19 Manufactured Homes

7.19.1cxv&cxvi

cxv Amendment V4 – 24 January 1995

Within the Closed Residential, Low Density Residential, Rural Residential, Reserved Residential zones a Manufactured Home may only be permitted as follows:

cxvi Amendment AM 2002/04 – 21 June 2002


(a) if it is a second dwelling for dependent relatives of the occupants of a single dwelling located on the same allotment; or

(b) if it is a temporary residence to be occupied by the owner of the property while a permanent dwelling for which a building permit has been issued is being constructed on the same site.

In all such cases the Manufactured Home shall be removed and the site made good at the expiration of a specified period of time or when no longer required for a specific use.

7.19.2 In the Rural Zone the standards applied at clauses 8.7A and 8.7B shall apply to the development of Manufactured Homes.

7.19.3 In all other zones the standards applied at Clause 7.14 'Flats and Units' shall apply to the development of Manufactured Homes.

7.20cxvii

Any use or development of land accreted, whether naturally or unnaturally, from the sea to which a zone does not apply requires a permit under s.57 of the Land Use Planning and Approvals Act 1993. This provision shall also apply to structures of the type referred to in s.7(c) of the Act.

Accretions and Structures over the Sea

7.21cxviii

Council pursuant to s.57 Land Use Planning & Approvals Act, 1993 may grant a permit for the demolition in whole or in part of building or works except where the following applies:-

Demolition

(i) A permit shall not be required for any demolition associated with a use or development which has been granted a permit for development or associated use;

(ii) A permit shall not be required for any demolition of a building or works for which compliance with the Tasmanian Building Regulations would not be required.

cxvii Amendment – 25 September 2000 cxviii Amendment AM 2001/02 – 4 November 2002


7.22 cxix

7.22.1 A Heritage Impact Statement may be required to accompany an application for work to a scheduled Heritage Item or for work within a Heritage Area that may impact on the heritage significance of a Heritage Item.

Heritage Impact Statements

7.22.2 The form of the Statement will be as directed by the Planning Authority.

7.22.3 Any Heritage Impact Statement will be assessed by the Planning Authority and relevant authorities in determining the suitability of the proposed development and may form the basis of such conditions as the Planning Authority deems fit to include in a permit.

7.22.4 A Heritage Impact Statement is to be provided for any development affecting a place on the Tasmanian Heritage Register.

7.22.5 A Heritage Impact Statement may form part of an Environmental Impact Statement for major developments.

cxix Amendment AM 2002/02 – 7 April, 2003


PART 8

8.0 SPECIAL PROVISIONS 8.1 The following provisions shall apply to the

Closed Residential Zone

8.1.1 c/xxxii This zone is intended primarily to accommodate single dwelling houses at low densities on individual allotments, but certain parts of the zone may be considered for the erection of residential flat buildings, villa units and home units of medium density provided that no residential flat buildings, villa units and home units shall exceed one storey in height unless otherwise determined by resolution of Council. Medium density residential use and development is encouraged within the zone north of Thomas Street, East Devonport.

8.1.2 Unless determined by resolution of the Council, there shall be no further subdivision within the Closed Residential Zone unless the proposed

allotments have a minimum area of 666m2.

8.1.3cxx

(i) an area of not less than 370m2,

The Council may by resolution determine that subdivisions within the Closed Residential Zone shall create an allotment or allotments with a

minimum area less than 666m2 provided that each allotment developed

or about to be developed for building purposes has:

(ii) a frontage to a road of not less than 12 metres, and

(iii) a width not less than 12 metres to a depth of 15 metres.

8.1.4cxxi

cxx Amendment S1 – 12 November 1992

Notwithstanding anything to the contrary contained in this Section Lot 39 SP 54756, 1 Curr Street, Devonport shall only be developed and used for residential purposes after the completion of a contamination report undertaken by a suitably qualified person evidencing that the land is suitable for residential use or after satisfactory completion of works recommended by such report to bring the land into a condition suitable for residential use. Residential development and use is not to commence until the Planning Authority certifies satisfactory completion of the contamination report and any works recommended by such report


cxxi Amendment AM 97/06


.8.1.5 c/xxxii In addition to the rights conferred by s.20(3) of the Act, within the Closed Residential Zone bounded by Tarleton Street , Brooke Street, North Caroline Street, Neely Street and the coastal reserve, (hereafter referred to as the Tarleton Street/North Caroline Street precinct) and notwithstanding the prohibited status assigned by Schedule 1, but subject to clause 8.1.6:-

(1) for a period of 3 years from 1 November 2006, land at 23-61 Tarleton Street contained within CT127085/1 may continue to be used and developed for the purposes of a carpet factory as if the land were within the General Industrial Zone;

(2) for a period of 3 years from 1 November 2006, land at 21 Tarleton Street contained within CT125941/1 may continue to be used and developed as if the land were within the General Industrial Zone;

(3) for a period of 3 years from 1 November 2006, lands at 14-18 North Caroline Street contained within CT63064/1 and CT63064/2 may continue to be used and developed for any lawful use existing at that time as if the land were within the Light Industrial Zone;

(4) for a period of 3 years from 1 November 2006, lands at 20-24 North Caroline Street contained within CT250699/1 may continue to be used and developed for any lawful use existing at that time as if the land were within the Semi Residential Zone;

5) for a period of 3 years from 1 November 2006, lands at 26-30 North Caroline Street and 21-31 Brooke Street contained within CT123612/1, CT123612/2, CT127085/2, CT120203/1 and C123612/3 may continue to be used and developed for any lawful use existing at that time as if the land were within the General Industrial Zone; and

(6) for a period of 3 years from 1 November 2006, lands at 13-19 Tarleton Street contained within CT138123/1 may continue to be used and developed for any lawful use existing at that time as if the land were within the Recreation Special Zone;

8.1.6 Within the Tarleton Street/North Caroline Street Precinct:- clxxxii – Amendment No 2005.05 – November 2006


(a) use or development provided for under Clause 8.1.5 shall be discretionary in accordance with s57 of the Land Use Planning and Approvals Act 1993 and Clause 5.22. of this Scheme;

(b) applications for use and development provided under Clause 8.1.5 must demonstrate to Council’s satisfaction that –

(i) noise generated by a use will not exceed 5dB(A) above the background level when measured at the boundary of the site upon which the use if being carried out.

(ii) hours of operation, emissions, traffic volumes and vehicle characteristics will not unreasonably impact upon the residential amenity of existing or planned dwellings located in the vicinity;

(iii) heights, setbacks and external materials of buildings are compatible with the appearance of the Tarleton Street/North Caroline Street Precinct as a medium density residential suburb;

(iv) outdoor work areas are appropriately screened from public streets;

(v) land abutting road reserves or other lands used for residential or tourism purposes is appropriately landscaped; and

(vi) in no case will the development extend the floor area of buildings on the site by more than 10% of the total floor area existing at 1 November 2006

(c) In granting a permit for use or development Council may impose such conditions or restrictions as t sees fit or enter into agreements under Part 5 of the Land Use Planning and Approvals Act 1993.



8.2 The following provisions shall apply to the

Urban Density Residential Zone

8.2.1 This zone is intended primarily to accommodate single dwelling houses on individual allotments, but certain parts of the zone may be considered for the erection of residential flat buildings, villa units and home units of medium density provided that no residential flat buildings, villa units and home units shall exceed one storey in height unless otherwise determined by resolution of Council. Unless determined by resolution of Council, there shall be no further subdivision within the Urban Density Residential Zone unless the proposed allotments have a

8.2.2 The design and material used for the development shall be subject to the Council's approval.

8.2.3 Size of Units

The minimum floor area of each unit shall be 60.5m2.


High Density Residential Zone

8.3.1 This zone is primarily intended to accommodate the erection of residential flat buildings, multiple dwellings at medium to high density, with a limit of three storeys and an overall maximum height of 11 metres.

Unless determined by resolution of Council, there shall be no further subdivision of the High Density Residential Zone unless the proposed

allotments have a minimum area of 666m2.

8.3.2 All development of flats, villa units, home units, apartment buildings shall be in accordance with Clause 7.14.3, 7.14.4, 7.14.5, 7.14.6 and 7.14.7.

8.3.3 There shall be no more than 4 units per 669m2.

8.4cxxii

Low Density Residential Zone

The following provisions shall apply to the

This zone is primarily intended to accommodate single residential dwellings at a low density.

cxxii Amendment V1 - 24 January 1995


8.4.1 Notwithstanding Division II of the Part XVI of the Local Government Act, 1962, a minimum lot size permitted in the Low Density Residential Zone shall have:

(i) an area of not less than 1350m2 subject to Department of Mines

requirements;

(ii) such boundaries that within them can be drawn a circle having a diameter of not less than 27.5 metres;

(iii) frontage onto a road of not less than 6 metres.

8.4.2 The following provisions shall apply to roads:

(i) through roads shall be not less than 18.0 metres wide;

(ii) cul de sacs shall be not less than 15.0 metres wide;

(iii) carriageways shall be constructed to the standards set by the Local Government Act, 1962, and kerbs and channels and where necessary piped stormwater drainage, shall be provided; and

(iv) carriageway widths shall be as determined by Council.


Reserved Residential Zone

8.5.1 This zone is intended to retain suitable land for future urban development. Rezoning is to be related to the rate of vacant capacity of existing urban areas and the provision of infrastructure services.

8.5.2 There shall be no further subdivision within the Reserved Residential Zone unless the proposed allotments have a minimum area of 20 hectares.

8.5.3 Notwithstanding the above clause, the following subdivisions may be permitted in accordance with the Act:

(i) the subdivision of a lot if the purpose is to excise a dwelling which lawfully existed on the land before this Scheme came into effect;

(ii) the subdivision of a lot for the purpose of adhesion or addition to an existing allotment provided that the balance of the land is not less than 20 hectares or is to be adhered to the title of an adjoining allotment.

(iii) a lot may be approved for subdivision under subclause (ii) of this clause where the parent allotment itself exists as a subminimum lot under the provisions of this Scheme.


(iv)cxxiii


within the Reserved Residential Zone, the Council may approve of a lot or lots which do not meet the requirements of this Scheme in respect of lot size, dimensions or the general provisions, but are considered by the Council to be in accordance with the tenor of the scheme in all other respects.

Rural Residential Zone

8.6.1 This zone is primarily intended to accommodate low density housing in areas not suitable for agriculture or urban development.

8.6.2 The ratio of depth to frontage of each lot comprised in a subdivision shall not exceed 3:1 unless otherwise determined by resolution of Council.

8.6.3 Allotments comprising a subdivision within this zone shall have an area not less than 0.75ha and shall be capable of containing a circle with a minimum diameter of 50 metres unless otherwise determined by resolution of Council and have a minimum frontage of 50 metres.

8.6.4cxxiv

Within the Rural Residential Zone, the Council may approve of a lot or lots which do not meet the requirements of this Scheme in respect of lot size, dimensions or the general provisions, but are considered by the Council to be in accordance with the tenor of the scheme in all other respects.

8.6.5cxxv

8.6.6 Building materials used for the roofs and walls shall be subject to the satisfaction of the Council.

DELETED

8.6.7cxxvi

8.7cxxvii

Except by resolution of the Council the total floor area of all buildings (including any part of any building) used or intended to be used for purposes incidental to a residence such as garage, workshop area shall

not exceed 100m2.

Rural Zone


cxxiii Amendment Q2 - 9 July 1992 cxxiv Amendment Q2 - 9 July 1992 cxxv Amendment V1 - 24 January 1995 cxxvi Amendment J2 - 6 September 1990 cxxvii Amendment AM 2001/04 – 21 June 2002 Amendment 2005/05 – 20 November 2006


8.7.1 This zone is primarily intended for Agricultural Uses. The allocation of land in and to this zone and its location is intended to ensure that:

(i) the agricultural potential of agricultural land is protected; and (ii) the continued productive capacity of agricultural land is given

priority; and (iii) fragmentation of rural holdings is prevented; and (iv) the alienation of agricultural land by non agricultural use and

development is to be minimised; and (v) the ecological, cultural and landscape values of agricultural land

are protected; and (vi) water catchments are protected.

8.7.2 Notwithstanding the discretionary status of a use or development under any other provision in clauses 8.7A to 8.7F, the Council is to exercise that discretion so as to ensure compliance with:

(a) the objectives set out in Schedule 1 of the Land Use Planning and Approvals Act 1993; and

(b) the PAL Policy; and (c) any other State Policy that is relevant to it; and (d) the objectives of this Scheme; and (e) the intent of the zone.

8.7.3 Use or development regulated by clauses 8.7A to 8.7F is not subject to clause 3.4 when the land is used and developed for more than one use defined in Part 1.

8.7.4 In clauses 8.7 to 8.7F:

(a) the words “permitted”, “discretionary” and “prohibited” apply to clauses 5.2.1, 5.2.2 and 5.2.3 respectively; and

(b) the provisions that apply to a Single Dwelling also apply to a Dependent Relative Unit; and

(c) clause 8.7.2 applies to subdivision. 8.7A Single Dwelling involving some Class 1, 2, 3 or 4 land

8.7A.1 A Single Dwelling on any lot which contains some Class 1, 2, 3 or 4 land is permitted if:

(a) (i) no part of the building or its curtilage, parking areas and access driveways are on any of Class 1, 2, or 3 land; and

(ii) the dwelling unit (but excluding any outbuildings) meets all other development standards of the zone; and

(iii) the lot is at least the minimum area required by the zone; or


(b) the application is for an extension or alteration to a lawfully existing dwelling.

8.7A.2 A Single Dwelling on any lot which contains some Class 1, 2, 3 or 4 land (and which does not comply with clause 8.7A.1) is discretionary and may only be approved if:

(a) any existing or potential use and development of agricultural land

in the vicinity is likely to cause no impact, or only minor impact, on

its residential amenity taking into consideration:

(i) the topography of the land; and (ii) the location of water catchments; and (iii) the location of neighbouring dwellings; and (iv) buffers created by natural features; and

(b) if the lot contains some Class 1, 2 or 3 land that the Single

Dwelling is integral to an agricultural use of the lot (including other

land in the vicinity owned by the owner of the lot) as demonstrated

by a business plan endorsed by a member of:

(i) the Australian Association of Agricultural Consultants; or (ii) the Institute of Chartered Accountants in Australia; or (iii) the Australian Society of Certified Practising Accountants; or (iv) the National Institute of Accountants.

8.7B Single Dwelling involving only Class 5, 6 or 7 land

8.7B.1 A Single Dwelling on any lot which contains only Class 5, 6 or 7 land is permitted if the dwelling unit and any outbuildings meet the development standards of the zone.

8.7B.2 A Single Dwelling on any lot which contains only Class 5, 6 or 7 land (and which does not comply with clause 8.7B.1) is discretionary and may only be approved if any existing or potential development and use of agricultural land in the vicinity is likely to cause no impact, or only minor impact, on its residential amenity taking into consideration:

(a) the topography of the land; and (b) the location of water catchments; and (c) the location of neighbouring dwellings

8.7C Single Dwelling otherwise prohibited

8.7C.1 A Single Dwelling is prohibited if none of clauses 8.7A or 8.7B apply.

8.7D Dependent Relative Unit


8.7D.1 A Dependent Relative Unit is permitted if the additional dwelling unit and its curtilage is wholly within the curtilage of a lawfully existing Single Dwelling.

8.7E Public Utilities

8.7E.1 A Public Utility is:

(a) permitted if no part of it is on Class 1, 2 or 3 land; and (b) discretionary if any part of it is on Class 1, 2 or 3 land.

8.7F Subdivision Standards

8.7F.1 The minimum lot size in the Rural Zone is 45 hectares.

8.7F.2 Subdivision for a boundary adjustment which only changes the shared boundary between lots where each of the new lots have substantially the same shape, size and orientation as each of the original lots may be considered by Council as a discretionary application.

8.7F.3 Subdivision to create a separate title for an existing non-residential land use may be considered by Council as a discretionary application where:

(a) the non-residential use was legally established, or Council has issued a permit for that use; and

(b) 45 hectares is demonstrated to be excessive to the requirements of the land use; and

(c) the balance area meets the minimum lot size, or is consolidated into another adjoining lot, or is by other means made unavailable for the development of a residential use.

8.7F.4 In determining whether to approve an application for subdivision, Council shall consider:

(a) the effect of the proposed subdivision in reducing the productivity of the subject land;

(b) the effect of the proposed subdivision in potentially reducing the productivity of existing or future agricultural uses and developments particularly where it involves Class 1, 2 or 3 land;

(c) the potential of buffers to be created by using natural features of the site;

(d) the impact of existing infrastructure, services and any other requirements of Council including the means of access to the lot;

(e) whether the lots being created are of sufficient size to accommodate existing or future development; and

(f) whether the requirements of the development can be achieved by means other than subdivision.

8.7F.5 Except as provide for by clauses 7.1.7 and 8.7F all other subdivision in

the Rural Zone is prohibited.



Transport and Warehouse Zone

8.8.1 This zone is intended primarily to accommodate servicing, wholesaling, storage and associated activities including transport depots.

8.8.2 Where provided, loading and off-loading docks shall be behind the building line.

8.8.3 For all development within this zone, Council shall determine the required area for landscaping.

8.8.4 Notwithstanding anything to the contrary contained in this clause, Schedule No. 1 or any other part of this Scheme, the land within the boundary lines coloured red on the Plan shall be known as the "Transport and Warehouse - Port Purposes Zone" which area shall be deemed to have the letter "A" shown in the Table of Use Classes and Zones in Schedule No. 1 for the Transport and Warehouse Zone for the uses of "community centre", "fuel depot", "general industrial" and "restaurant" in addition to those uses which are shown as either "A" or "P" in the Transport and Warehouse Zone. Nothing contained in this clause shall permit the use of "community centre", "fuel depot", "general industrial" or "restaurant" on any other land within the Transport and Warehouse Zone.


Semi Residential Zone

8.9.1 This zone is intended primarily to accommodate residential and certain types of commercial development.

8.9.2 Unless determined by resolution of the Council, there shall be no further subdivision within this zone unless the proposed allotments have a

minimum area of 669m2.


Village Zone

8.10.1 This zone is primarily intended to accommodate single dwellings and suitable uses as determined by Council around existing centres.

8.10.2 Unless determined otherwise by resolution of Council, the allotments comprising a subdivision within this zone shall have an area not less than .5ha.


8.10.3 The ratio of depth to frontage of each lot comprised in a subdivision shall not exceed 3.1 unless otherwise determined by resolution of Council.


Light Industrial Zone

8.11.1 This zone is intended primarily to accommodate industrial uses which manufacture on a small scale and which do not create any appreciable noise, smoke, smell, dust or other nuisance or generate high traffic volumes.

8.11.2 Unless determined otherwise by resolution of Council, the development of land within this zone shall comply with the following conditions:

(i) cxxviii

(ii) cxxix

a set back in accordance with Part 7.18 is to be provided for landscaping, excluding access roads. If deemed necessary by Council, landscaping may also be required at the side and rear portions of the allotment or estate.

(iii) Council shall require with all developments a schedule of plants to be used for landscaping, maintenance programme and screen materials and a plan showing the landscaping design. The plants and screen materials used, maintenance programme and landscape design shall be to Council's satisfaction;

allotments shall not be less in area than 0.2 ha;

(iv) approval to the landscaping plan shall be conditional upon the lodging with the Council of a bank guarantee or deposit for a sum calculated at the rate of $10.00 per square metre of the area to be landscaped. Such guarantee shall be retained by the Council until after the completion of all building site and landscaping works to the satisfaction of the Council, at which time if in the opinion of the Council landscaping has not been established to a satisfactory condition, the Council may expend as much of the bond as it deems fit to achieve conformity with the plan approved.;

(v) where provided loading and off-loading docks are to be behind the building line;

cxxviii Amendment V1 - 24 January 1995 cxxix Amendment M5 - 11 July 1991


(vi) where possible open storage areas should be at the rear or side of allotments. Where open storage areas are visible from the road they shall be screened to Council's satisfaction;


General Industrial Zone

8.12.1cxxx

8.12.2 Unless determined otherwise by resolution of Council, the development of land within this zone shall comply with the following conditions:

This zone is intended primarily to accommodate industrial uses other than Special, Offensive or Extractive industries.

(i)cxxxi

(ii) Council shall require with all developments a schedule of plants to be used for landscaping, maintenance programme and screen materials and a plan showing the landscape design. The plants and screen materials used, maintenance programme and landscape design shall be to Council's satisfaction;

a set back in accordance with Part 7.18 is to be provided for landscaping, excluding access roads. If deemed necessary by Council, landscaping may also be required at the side and rear portions of the allotment or estate.

(iii) approval to a landscaping plan shall be conditional upon the lodging with the Council of a bank guarantee or deposit for a sum calculated at the rate of $10.00 per square metre of the area to be landscaped. Such guarantee shall be retained by the Council until after the completion of all building site and landscaping works to the satisfaction of the Council, at which time if in the opinion of the council the landscaping has not been established to a satisfactory condition, the Council may expend as much of the bond as it deems fit to achieve conformity with the plan approved;

(iv) where provided loading and off-loading docks are to be behind the building line;

(v) where possible open storage areas should be at the rear or side of allotments. Where open storage areas are visible from the road they shall be screened to Council's satisfaction;

(vi)cxxxii

cxxx Amendment R4 - 5 January 1993

DELETED

cxxxi Amendment V1 - 24 January 1995 cxxxii Amendment V1 - 24 January 1995


(vii) allotments shall not be less in area than 1 ha.


Special Industrial Zone

8.13.1 This zone is intended primarily to accommodate abattoirs, bulk stores, rural and offensive industry.

8.13.2 For all development within this zone, Council shall determine the required area for landscaping.


Business Commercial Zone

8.14.1 This zone is intended primarily to accommodate offices, retail and commercial development.


Recreation Special Zone

8.15.1 This zone is intended primarily to accommodate show grounds and uses relating to recreation and tourism. The design of buildings, landscaping and building materials used shall be subject to the approval of the Council.

8.16

8.16cxxxiii

Best Street Shopping Centre Zone


8.16.1 Objective

• To provide for an integrated retail development comprising a discount department store, a maximum of two supermarkets, specialty shops and the associated car parking, landscaping and ancillary works necessary to service and enhance the development;

• To provide for the efficient function of the use and development

and to enhance the visual character of the locality and minimise visual impact from the development to adjoining and adjacent properties; and

• To ensure that the scale and economic impact of development and use within the zone does not unduly impair the viability and potential of other commercial areas or lead to an imbalance in the competitive position of those other areas.

cxxxiii Amendment AM 00/03 - 18 December, 2000.


8.16.2 Development And Use

(i) All development and all use of land shall be in accordance with the provisions of this Clause.

(ii) All development and all use of land shall be generally in

accordance with the Land Use Plan forming part of this Clause. (iii) No development and use shall take place on the land unless in

accordance with a Development Plan approved by the Planning Authority.

(iv) No development and use shall take place on the land unless a

Section 71 Agreement under the Land Use Planning and Approvals Act, 1993 has been entered into between the developer and the Council for the purpose of controlling the development and its timing. The development may be staged under this Agreement. Any provision for staging in the Agreement shall cover the timing of the staging, the scale and form of the buildings and works in each stage, the intended use of each component of the development in accordance with this Clause and the proportional provision of parking. The staging is also to provide for the functional and design integration of the development as a whole through the development of each stage.

8.16.3 Development Components

(i) The land may be developed and used as an integrated retail shopping centre comprising: • A discount department store with a retail floor space not

exceeding 1870 square metres; • A maximum of two supermarkets each with a retail floor

space not exceeding 6150 square metres; • 8 specialty shops with a combined floor area not

exceeding 1200 square metres with not more than two shops allowed to expand to 250 square metres and with no other shop to have a floor area exceeding 150 square metres;

with a viable ongoing management that will ensure the continued effective integrated operation of the approved commercial activities.

(ii) Application may be made under Section 57 of the Land Use Planning and Approvals Act, 1993 to increase the maximum retail floor space specified in Clause 8.18.4(i) provided such increase does not exceed ten percent of these specified maxima. This provision does not refer to the specialty shop component.

(iii) For the purpose of this Clause the term specialty shops

includes shop, service premises, restaurant, take away food shop, General Offices and Professional Office.


8.16.4 Development Plan

A Development Plan lodged for buildings and works on the land shall be generally in accordance with the Land Use Plan and meet the objectives of the zone and the Development Guidelines and shall include:

• Scaled plans and elevations showing the location, design, colour and other design features and materials of construction of all buildings and works;

• Details of the retail floor area and floor area of all premises as existing and proposed;

• A landscape plan showing the location of all landscape areas and public spaces and the treatment of such including plant species and the numbers of such, paving types, furniture and other features designed to improve the aesthetic appearance of the development and its attractiveness for users; and

• The layout of all access points to the site, internal access roads, parking areas and pedestrian ways.

8.16.5 Development Guidelines

(i) Any development proposal should seek to effectively integrate the two existing supermarket complexes in terms of both buildings and vehicle parking and access arrangements and in terms of development design treatment.

(ii) Development shall be designed and undertaken in such a

manner as to achieve a high quality retail complex that both visually and functionally enhances the urban centre.

(iii) Urban design elements of the development along the Best

Street alignment shall conform to and complement the principles and objectives of the Devonport CBD Structure Plan and any Landscape Master Plan adopted by Council for Best Street.

(iv) All landscaping and planting shown on the Development Plan

approved by Council is to be installed and maintained to the satisfaction of Council.

8.16.6 Internal access roads and parking of vehicles

(i) A minimum of 642 parking spaces shall be provided as part of the development unless the development is staged under Clause 8.16.2(iv) whereby the Agreement may specify a lesser minimum number of parking spaces based upon the agreed staging of the development provided always that a minimum of 556 parking spaces are available for staff and customers.


(ii) If the option of increasing the retail floor space maxima under Clause 8.16.4(ii) is exercised additional parking shall be provided for such increase under the provisions of Clause 7.3.

(iii) All internal access ways, including parking areas and driveways

shown on the Development Plan shall be designed and constructed to a sufficient standard to cater effectively with the extent of usage that will be generated by the development. Internal access ways, vehicular crossings and parking areas shall be constructed with an all weather seal or other impervious material and drained in accordance with plans and specifications prepared by an appropriately qualified engineer and submitted to and approved by the Council.

(iv) A safe and functional pedestrian linkage system shall be

provided from roads and other public areas abutting the land to the building entrances. Pedestrian access into the site shall be provided separately to vehicle access crossings. All pedestrian paths and access ways shall be hard surfaced and of grades easily trafficable by all persons.

8.16.7 Advertising signs

(i) All advertising signage on the land except where located within buildings and not visible from outside shall be subject to the provisions of Clause 7.5 and require planning permission pursuant to Section 58 of the Land Use Planning and Approvals Act, 1993 unless the provisions of Clause 7.5 set a requirement for discretionary approval.

(ii) In considering an application for an advertising sign the

Planning Authority shall have regard for: • The desirability of signage being designed and located

to blend architecturally with the lines and appearance of the building rather than being projecting at angles from the building façade or above the roof line;

• The need to minimise the number of external advertising signs with exterior signage associated with specialty shops being restricted to uniform advertising structures; and

• The need to regulate flashing, rotating, moving or reflecting signs and the display of temporary signs such as sandwich boards.

8.16.8 Services

(i) All power and telephone mains shall be located underground to the satisfaction of the Council.

(ii) Security lighting and other lighting to illuminate the exterior of

the development shall be designed and located so as to minimise the emission of direct light onto adjoining properties and roadways.


8.16.9 Subdivision

A consolidation of titles shall occur consistent with the objectives of Clause 8.16.1 to provide for an integrated retail development. If a single title cannot be achieved provision shall be made in the Section 71 Agreement specified in Clause 8.16.2 (iv) for the desired integration of car parking and access arrangements.

8.17cxxxiv

Wastewater Treatment Plant – Buffer Zone.


8.17.1 In addition to the existing zone provisions, the buffer area is intended to protect the sustainable use of the Pardoe Wastewater Treatment Plant.

8.17.2 Within the Buffer Area all Permitted as of right (P1) and Permitted (P) use or Development shall be Discretionary (A).

8.18cxxxv

CBD Zone


8.18.1 Objective

The underlying objective of the CBD Zone is:

(a) To implement the key strategies outlined in the Devonport CBD Structure Plan 1997 which seeks to provide a framework for investment, promote Devonport as a tourism focus of State and regional significance, enhance employment opportunities and improve the level of service and amenity for shoppers and the wider community.

(b) To address the fragmentation of core activities of the City:- (i) By defining the physical limit of Devonport’s town centre,

related commercial use and development, and to restrict the gradual erosion of the residential edge;

(ii) By encouraging greater use and development of the river and foreshore parklands for tourism and entertainment related activities; and

(iii) By promoting specific areas for particular use and development, both to reinforce the overall zone objective, and to provide opportunities for new sources of employment and investment.

8.18.2 Precincts

(a) Identification

cxxxiv Amendment AM 2001/07 – 19 December 2001. cxxxv Amendment AM 2001/02 – 4 November 2002


The CBD Zone is made up of 8 separate Precincts for each of which varying use and development controls are specified. The zone and Precincts are shown on the Plan.

(b) Precinct Controls The following use and development controls apply to the Precincts.

8.18.3 Central Retail Precinct

(a) Intent

The Central Retail Precinct is intended to be a principal location for retail related activities. Secondary activities include such uses as offices and Professional Offices, restaurants and other eating establishments, which together contribute to generating activity and interest in the City centre.

(b) Use of Land.

Table of Use Classes – Central Retail Precinct

Use Class Status Conditions/Restrictions

Car Park P

A

Where ancillary to a Permitted Use.

Where a single use.

Civic Building A

Commercial Premises P

A

Where above ground floor level.

If the condition can not be met.

Community Centre P

Consulting Room A


P

Flat P

A

Where above ground floor.


Full-Line Department Store P

General Offices P

A



Health Centre A

Hotel or Licensed Premises P

Motel A

Professional Office P Where above ground floor level.


A If the condition can not be met.

Public Park P

Utility Services (minor) A

Residential Building A

Restaurant P

Service Premises P

Service Shop P

A

Where any ancillary dwelling is above ground floor level.

Where any ancillary dwelling is at ground floor level.

Shop P

Supermarket P

Take Away Food Shop cxxxvi P Where drive-through service or on-site parking is not utilised.

Tavern P

Miscellaneous A

All other uses not listed X

(c) Development of Land

(i) Height

The maximum height of buildings is 15 metres. Council may relax this standard pursuant to s.57 Land Use Planning & Approvals Act, 1993 where the applicant demonstrates that the building height to street frontage, bulk, and scale is compatible with adjacent development, it will not have an adverse visual impact on the streetscape and the character of the area, and it will not detract from the amenity enjoyed by occupiers of adjacent properties and pedestrians using public open spaces in the vicinity.

cxxxvi Amendment AM 2004/04 – 29 November 2004 clxxxix Amendment AM 2009/03 – 30 March 2010


(ii) Front Setback

A new building shall be erected to the street boundary. Pursuant to s.57 Land Use Planning & Approvals Act Council may relax this standard where a building setback is proposed.

Where an existing building is setback from the street boundary, any alteration, extension or addition to that building may utilise the same setback.

(iii) Side and Rear Setback

A building may be erected at any distance up to and including the side or rear boundary subject to meeting any other requirements of the Scheme.

(iv) Orientation

Development for a retail premises shall have its main entry on to and be directly accessible from the street frontage. Subject to s.57 Land Use Planning & Approvals Act, 1993 Council may relax this standard where the development for a retail premises fronts a plaza or arcade. Where a development for a retail premises has frontage to more than one street, Council shall direct as to which frontage the main entrance is to be located.

(v) Subdivision

There is no minimum lot area or dimension.

8.18.4 Entertainment and Tourism Precinct

(a) Intent

The Entertainment and Tourism Precinct is intended to cater for a range of entertainment, tourism and other ‘people’ activity uses in an area within close proximity to the CBD and the river edge. The vision for the precinct is to provide an attractive and active area for cinema theatre, art gallery development, and retail activity principally serving tourists and visitors to the city. It is intended that this area develop into a precinct that provides activity fronting the Riverside Plaza.

The preferred retailing uses are shops that would attract visitors and tourists to the area and may include the display and sale of art works, craft items, local products or similar.


(b) Use of Land

Table of Use Classes – Entertainment and Tourism Precinct


Civic Building A

Community Centre P


A

Flat P A

Where above ground floor level. If the condition can not be met.

Hotel or Licensed Premises P

Restaurant P

Shop A

Take-Away Food Shop A

Tavern P

Utility Services (minor) P

Miscellaneous A



(i) Height

The maximum height of a building is 15 metres. Council may relax this standard pursuant to s.57 Land Use Planning & Approvals Act, 1993 where the applicant demonstrates that the building height, bulk, and scale is compatible with adjacent development; it will not have an adverse visual impact on the streetscape and character of the area; and it will not detract from the amenity enjoyed by occupiers of adjacent properties and pedestrians using public open spaces in the vicinity.

(ii) Front Setback

The new building may be erected to the street boundary. Where an existing building is setback from the street boundary any alteration extension or addition to that building may utilise the same setback.



A building may be erected at any distance up to and including the boundary, subject to meeting any other requirements of the Scheme.

(iv) Subdivision There is no minimum lot area or dimension.

clxxxix Amendment AM 2009/03 – 30 March 2010

8.18.5 Riverside Plaza Precinct

(a) Intent

The Riverside Plaza Precinct is intended to be developed principally as an open space area suitable for community use or where a future public plaza could be developed. The area will provide a focus and gathering point for residents and visitors to the City to enjoy the outlook and amenity of the views over the Mersey River and Bass Strait beyond.

A range of uses to encourage social interaction and to complement the adjacent Entertainment & Tourism precinct will be encouraged. Development should be set back into the grade of the site to allow views from Rooke Street to the Mersey River.

However it is recognised that the vision for this part of the City may take time to implement, and provision has been made to allow a range of uses and developments now provided for in the Central Retail Precinct.

(b) Use of Land

Table of Use Classes – Riverside Plaza Precinct


Car Park P

Commercial Premises P

A



Community Centre P

Consulting Rooms A


A

Full-Line Department Store P

General Offices P Where above ground floor level.



Health Centre A

Hotel or Licensed Premises A

Market Place A

Passive Recreation P

Professional Office P

A



Public Park P


Restaurant A

Service Premises A

Service Shop P

A

X

Where there is no ancillary dwelling.

Where any ancillary dwelling is above ground floor level.

Where there is an ancillary dwelling at ground floor level.

Shop A

Supermarket P

Take-Away Food Shop P

Tavern P


Miscellaneous A



(i) Buildings

For a new building or extensions to an existing building a planning permit is required pursuant to s.57 Land Use Planning & Approvals Act, 1993.

(ii) Subdivision

There shall be no further subdivision other than for minor boundary adjustments or the consolidation of titles.

clxxxix

Amendment AM 2009/03 – 30 March 2010


8.18.6 Civic and Community Precinct

(a) Intent

The intent of the Civic and Community Precinct is to provide an area for the development of civic and cultural uses in a central and easily accessible location.

(b) Use of Land

Table of Use Classes – Civic and Community and Precinct


Car Park P

Civic Building P


A

Educational Establishment P

General Offices P



Miscellaneous A



(i) Height

The maximum height of a building is 10 metres. Council may relax this standard pursuant to s.57 Land Use Planning & Approvals Act, 1993 where the applicant demonstrates that the building height, bulk, and scale is compatible with adjacent development, it will not have an adverse visual impact on the streetscape and character of the area and it will not detract from the amenity enjoyed by occupiers of adjacent properties and pedestrians using public open spaces in the vicinity.



(ii) Front Setback

The building may be erected to the street boundary. Where an existing building is setback from the street boundary, any alteration extension or addition to that building may utilise the same setback.


(a) a building extension shall maintain the existing setbacks to boundaries, unless otherwise approved by Council pursuant to s.57 Land Use Planning & Approvals Act, 1993

(b) a new building shall maintain the prevailing setbacks of adjacent buildings.

8.18.7 Fringe Business Precinct

(a) Intent

The Fringe Business Precinct is intended to cater for office development as a preferred use with provision also for professional suites and medical practices. The precinct incorporates several key entrances and major traffic routes into the Central Retail Precinct and the appearance and streetscape quality of new development is a key issue. The Precinct adjoins a surrounding residential zone and the maintenance of amenity is an important consideration. Residential use and development is encouraged within the Precinct where site characteristics allow.

(b) Use of Land

Table of Use Classes – Fringe Business Precinct


Commercial Premises A

Consulting Room P

A

Where it does not involve an associated needle and syringe program, drug rehabilitation program or other counselling services that has the capacity to generate more than the occasional patient. If the condition is not met.


A

Flat A Where above ground floor level.


General Offices P

Home Occupation P

Health Centre P

A

Where it does not involve an associated needle and syringe program, drug rehabilitation program or other counselling services that has the capacity to generate more than the occasional patient

If the condition is not met.



Single Dwelling A


Veterinary Establishment P

Miscellaneous A



(i) Height




(ii) Front Setback

Development shall be setback 7.5m from the front boundary. Council may relax this standard pursuant to s.57 Land Use Planning & Approvals Act, 1993 following consideration of the:

(a) nature of the proposed development of the site;

(b) nature of any development of any adjoining site;

(c) size, shape, terrain, slope or contours of that site or any adjoining site;

(d) nature of the existing or proposed landscaping of the site; and

(e) existing setbacks of the immediate area.

(iii) Side and Rear Boundary Setback

A building shall be setback 1.5 metres from side and rear boundaries. Pursuant to s.57 Land Use Planning & Approvals Act, 1993 Council may relax this standard having regard to the matters for consideration cited in (ii) above.

(iv) Landscaping

An application for development shall include a landscaping plan.

Council shall require a schedule of plants to be used for landscaping, maintenance program and screen materials and a plan showing the landscape design.

The plants and screen materials used, maintenance program and landscape design, shall be to Council’s satisfaction.

Approval of the landscaping plan shall be conditional upon the lodging with the Council of a bank guarantee or deposit (for a sum calculated at a rate to be determined by Council). Such guarantee shall be retained by the Council until after the completion of all building site and landscaping works to the satisfaction of the Council. If in the opinion of the Council the landscaping has not been established to a satisfactory condition, the Council may expend as much of the bond as it deems fit to achieve conformity with the plan approved.


(v) Subdivision

There is no minimum lot area or dimension. Amalgamation of lots may only be approved where the resultant lot has frontage to Best and Oldaker Streets.

(vi) Non Residential Activity

Activity associated with a non-residential use is not to cause environmental nuisance to occupiers of residential property through:

• noise, dust, smoke or other emissions;

• illumination caused by inappropriately located or designed lighting systems or signs;

• the operation of commercial vehicles between 7pm and 7am;

• the parking of commercial vehicles on streets or on land outside the boundary of the property; and

• external storage areas.

8.18.8 Four -Ways Precinct

(a) Intent

The Four -Ways Precinct is intended to cater for convenience retail shopping. A secondary role for the precinct is to allow a range of local businesses that support and complement the weekly shopping needs of residents. Such uses may include a coffee shop, chemist, take-away food premise and the like.

(b) Use of Land

Table of Use Classes – Four -Ways Precinct


Car Park P

Commercial Premises A

Consulting Room A


A

Flat P X

Where above ground floor level. If the condition can not be met

General Offices P Where above ground floor level.



Professional Office P A


Public Park P

Restaurant cxxxvii P

Service Premises P

Service Shop P

Shop P

Service Station P

Supermarket P



Miscellaneous A



(i) Height


(ii) Front Setback cxxxvii Amendment AM 2004/02 – 5 October, 2004 clxxxix Amendment AM 2009/03 – 30 March 2010


A new building shall be erected to the street boundary. Pursuant to s.57 Land Use Planning & Approvals Act Council may relax this standard where a setback is proposed. Where an existing building is setback from the street boundary, any alteration, extension or addition to that building may utilise the same setback.


A building may be erected at any distance up to and including the boundary, subject to meeting any other requirements of the Scheme.

(iv) Orientation

Development for a retail premises shall have its main entry on to and be directly accessible from the street frontage. Subject to s.57 Land Use Planning & Approvals Act, 1993 Council may relax this standard where the development for a retail premises fronts a plaza or arcade. Where a development for a retail premises has frontage to more than one street, Council shall direct as to which frontage the main entrance is located.

(v) There shall be no further subdivision other than for minor boundary adjustments or the consolidation of titles.

8.18.9 Peripheral Retail Precinct.

(a) Intent

The intent of the Peripheral Retail Precinct is to allow peripheral retailing, medical and health services other mixed commercial activity and other complementary services that do not require a city centre location. Re-development of under utilised or vacant sites is to be encouraged. Businesses requiring large buildings, or external display space, or whose activities generate significant parking are able to locate here clxxxx.

(b) Use of Land

Table of Use Classes – Peripheral Retail Precinct


Car, Boat, Caravan and Machinery Saleyard

P

Car Park A

Commercial Premises P Where all required car parking can be


A provided on site. If the condition can not be met.

Community Centre A

X

Where all required car parking can be provided on site. If the condition can not be met.

Consulting Room cxxxviii P

A

Where a proposal is not within a car parking exempt area under Clause 7.3.2(i) If the condition above is not met.

Civic Building clxxxx A


A

Educational Establishment A

Flat P X


General Offices A

Health Centre cxxxix P

A

Where a proposal is not within a car parking exempt area under Clause 7.3.2(i) If the condition above is not met.

Industrial – light A

Industrial – service A

Motor Repair Garage P

Professional Office A

Public Utilities A

Service Premises P

Service Shop P

Service Station P X

Where fronting Formby Road. If the condition can not be met.

Shop A

Showroom P

Store P

cxxxviii Amendment AM2005/06 – 21 November, 2005. cxxxix Amendment AM 2005/06 – 21 November, 2005. clxxxix Amendment AM 2009/03 – 30 March 2010 clxxxx Amendment AM 2010/01 – 10 June 2010



Transport Depot A


Veterinary Establishment A

Warehouse A

Miscellaneous A



(i) Height The maximum height of a building is 10 metres. Council may

relax this standard pursuant to s.57 Land Use Planning & Approvals Act, 1993 where the applicant demonstrates that the building height, bulk and scale is compatible with adjacent development, it will not have an adverse visual impact on the streetscape and character of the area and it will not detract from the amenity enjoyed by occupiers of adjacent properties and pedestrians using public open spaces in the vicinity.

(ii) Front Setback A new building shall be erected to the street boundary.

Pursuant to s.57 Land Use Planning & Approvals Act Council may relax this standard where another setback is proposed. Where an existing building is setback from the street boundary, any alteration, extension or addition to that building may utilise the same setback.

(iii) Side and Rear Setback A building may be erected at any distance up to and including

the boundary, subject to meeting any other requirements of the Scheme.

(iv) Orientation


Development for a retail premises shall have its main entry on to and be directly accessible from the street frontage. Subject to s.57 Land Use Planning & Approvals Act, 1993 Council may relax this standard where the development for a retail premises fronts a plaza or arcade. Where a development for a retail premises has frontage to more than one street, Council shall direct as to which frontage the main entrance is located.

(v) Subdivision There is no minimum lot area or dimension.

8.18.10 Riverside Park Precinct (a) Intent The Riverside Park Precinct is intended to cater for the passive

recreational needs of Devonport’s residents and visitors. Preferred activities for the river edge open space include use as a promenade, recreation activities, casual markets and the like.

(b) Use of Land

Table of Uses



X

Market Place P

Passive Recreation P

Public Park P



8.20 Devonport Regional Homemaker Centre Zone

8.20.1 This Clause applies to the land shown as the Devonport Regional Homemaker Centre Zone on the plans.

8.20.2 Objectives

(i) To provide for integrated bulky goods showrooms and trade supplies including associated food and drink outlets, car parking, signage and landscaping to enhance the development.



(ii) To ensure that development enhances the role of Devonport as the retail and services regional centre for north-western Tasmania.

(iii) To ensure that development provides economic benefits including competition, employment and provision of retail goods and services not available in other centres.

(iv) To ensure that development contributes positively to the character and appearance of the area through the design of buildings, access from the street front, provision of active frontages to pedestrian areas, the treatment of the fronts and backs of buildings, outdoor advertising structures and landscaping.

8.20.3. Use of Land

(i) Intent

The Devonport Regional Homemaker Centre Zone is to be the principal location in Devonport for showrooms that primarily sell household items that require large display areas.

(ii) Use of Land

An application for a permit for use or development in this zone shall be determined in accordance with the following Table of Use Classes


Table of Use Classes – Devonport Regional Homemaker Centre Zone


Car, Boat, Caravan and

Machinery Salesyard

A

Garden Centre A

Market Place A

Restaurant A See clause 8.20.3 (iii) below

Service Station P May operate 24 hours a day

Showroom P Each showroom must not be less than 500 square metres floor area.

The goods that can be displayed and sold in any of the showrooms must largely comprise:

Furniture and floor coverings

Electrical appliances, including whitegoods and computer equipment

Home entertainment equipment

Manchester, curtains and blinds

Camping and outdoor recreation equipment

Office supplies

Building, construction hardware goods.

Garden and landscaping materials.

Auto accessories

Any combination of these goods, provided that the sale or hire of clothing or footwear is not a predominant activity

Take Away Food Shop P See clause 8.20.3 (iii) below

Any other Use Class X

Note: P Permitted – with or without conditions.


A Discretionary – may be refused or permitted with conditions.

X Prohibited.

(iii) Not more than 5 Take Away Food Shops and 2 Restaurants will be approved in the zone, whether as a single use, a component of a multiple use or as an ancillary use to a principal use. A Restaurant must predominantly serve the needs of shoppers and employees in the zone.

(iv) Floor area

(a) The total floor area of all tenancies within the zone must not exceed 28,000m2.

(b) The total floor area allocated to tenancies must be not less than the following proportions of the total floor area in the zone:-

Tenancies larger than 3000 m2 per tenancy 45%

Tenancies larger than 1000 m2 per tenancy but less than 3000 m2 25%

8.20.4 Development of Land

(i) Height

The maximum building height is 12 metres.

(ii) Front Setback

All buildings and parking spaces must be setback at least 20 metres from the Bass Highway boundary. The setback area may include an access road and approved signage but must be landscaped in accordance with a landscape plan approved by Council.

(iii) Side and rear Setbacks

All building must be setback at least 10 metres from the side and rear boundaries of the overall development site. The setback area on all boundaries may include an access road but must be predominantly landscaped in accordance with a landscape plan approved by Council.

(iv) Buildings may vary from the standards set out in this Clause pursuant to (s.57 Land Use Planning and Approvals Act 1993) in respect of heights and setbacks where the applicant demonstrates that the variance in the building height or setback is necessary to accommodate a use or development allowable under this Clause and will not have a detrimental impact on the character and amenity of the area.


8.20.5 Development requirements

(i) Any development proposal is to demonstrate that it is fully integrated in terms of building siting, mass and bulk, building design, colours and external, materials and finishes, access, circulation and car parking, advertising and landscaping. Corporate colours and signage will generally be supported provided that they are consistent with the overall design themes for the zone and positively contribute to the appearance and amenity of the zone.

(ii) Development is to demonstrate that it achieves a high quality of architectural and urban design and creates a place that is attractive, convenient and safe for people working and visiting the development.

(iii) Proposals are to demonstrate that they include measures to contribute to sustainable development, including recycling of water and materials, protection of biodiversity, natural lighting, transportation and energy use.

(iv) All landscaping and planting must be installed and maintained to the satisfaction of Council. Beyond the approved footprint of buildings, parking areas, storage yards and access roads, vegetation must be managed to optimise protection of threatened species, weed control and fire protection.

8.20.6 Access roads and car parking

(i) Not more than one access way comprising a left turn in shall be provided into the zone from the Bass Highway. No vehicles shall exit the zone directly to the Bass Highway or to Gatenby Drive.

(ii) All vehicles must exit the site to Stony Rise Road.

(iii) Parking must be provided in accordance with the Table to Clause 7.3 except for Showroom where parking must be provided at a rate of 2.2 spaces for each 100m2 of floor area. The provision of car parking may be staged in accordance with a staging plan approved by Council. Council may approve or require the number of spaces in the zone as a whole to be less than the total derived from the standards in the Table to Clause 7.3 and this clause, where it is satisfied that parking demand will be substituted by appropriate public transport services.

(iv) All internal access ways including parking areas, loading and unloading areas and driveways must be designed and constructed to a sufficient standard to cater effectively for the volumes and types of traffic that will be generated by the use


(v) A safe and functional pedestrian network shall be provided from vehicle parking areas to the entry to buildings. Pedestrian and cycle access from the adjacent residential areas into the site shall be provided separately from vehicle access and shall be safe, convenient and capable of being used in all weather.

8.20.7 Advertising signage

(i) Notwithstanding the provisions of clause 7.5, advertising signage within the zone may comprise:

a) Not more than two advertising pylons or panels on the proponent’s land alongside the Bass Highway reservation, each being no higher than 10 metres.

b) Not more than one advertising pylon, located on private land, at the Stony Rise Road frontage.

c) Not more than one sign no greater than 15 square metres for each tenancy and located on the parapet of the roofline and generally above the display windows.

(ii) Signage on the display windows shall be no greater than 50 percent of the display windows of each tenancy.

(iii) Advertising panels can be illuminated but shall not include flashing, moving, rotating or reflecting elements.

8.20.8 Services

(i) All power and telephone mains must be located underground to the satisfaction of Council.

(ii) All water and sewerage services and arrangements for the relocation of existing pipes across the land must be to the satisfaction of the North Western Region Corporation.

(iii) Security lighting and other lighting to illuminate the exterior of the development shall be designed and located in accordance with Australian Standard for Control of Obtrusive Effects of Outdoor Lighting (AS 4282 – 1997),

(iv) Arrangements to the satisfaction of Council shall be made for the retention of stormwater drainage on the land, its re-use for irrigation of landscaping and dispersal to the stormwater drainage system.

8.20.9 Amenity of the area

A use must not adversely affect the amenity of the neighbourhood through the:

(i) Transport of materials, goods or commodities to or from the land.


(ii) Appearance of any stored goods or materials.

(iii) Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, stream, soot, ash, dust, waste water products, grit or oil.

8.20.10 Subdivision and Access

(i) There is no minimum area or dimensions of lots.

(ii) In considering applications to subdivide land, the Council must ensure that:

a) All lots have access to a road, but not the Bass Highway.

b) All lots are capable of accommodating the uses and development for which the land is zoned.

c) Satisfactory arrangements are made for the provision of utility services including water, sewerage, drainage and electricity.

d) The orderly development of the zone.

e) The provisions of Schedule 9 Stony Rise Strategic Road Network Plan are complied with.

Clxxxvi – AM2008/01 – 4 August 2009


8.21 Don Road Marketplace

This Clause applies to the land shown as the Don Road Marketplace on the Plans.

8.21.1 Objectives

(a) To provide for an integrated retail development, including a discount department store, a supermarket, a service station, a limited number of speciality shops and the associated car parking, signage, landscaping and ancillary works necessary to service and enhance the development;

(b) To ensure that the development enhances the role of Devonport as the retail centre for north-western Tasmania;

(c) To ensure that the scale and economic impact of the development and use in the Don Road Marketplace do not unduly impair the viability and potential of other commercial areas or lead to an imbalance in the competitive position of those other areas; and

(d) To ensure that the development contributes positively to the character and appearance of the area through the design of buildings, access from the street front, provision of active frontages to pedestrian areas, the treatment of the exterior facades of buildings and outdoor advertising structures.

8.21.2 Development and Use

(a) All use and development of land must be in accordance with the provisions of Clause 8.21.

(b) Proposals for use or development to which clause 8.21 of this planning scheme applies must demonstrate compliance with the intent and standards set out in clauses 8.21.3 to 8.21.8 of this planning scheme.

8.21.3 Use of Land

(a) Intent

The Don Road Marketplace is intended to facilitate a large neighbourhood shopping centre as a second-order centre in the City’s Retail Activity Centre Hierarchy to service the needs of Devonport and the surrounding region.

(b) The following table shows permitted, discretionary and prohibited use in the Don Road Marketplace.


Permitted

Defined Use Qualification

Discount Department Store

No more than one and with a maximum floor area of 8,100m2, otherwise discretionary

Restaurant Floor area must be included as part of the maximum floor area allowed for ‘shops’ and no more than two Restaurants, otherwise prohibited. (See Note 1)

Service Premises Floor area must be included as part of the maximum floor area allowed for ‘shops’ and no single premises to have a floor area in excess of 200m2, otherwise discretionary. (See Note 1)

Service Station No more than one and must comply with the requirements of clause 7.12 of this planning scheme, otherwise prohibited.

Shop Floor area of all ‘shops’ must not exceed 2,000m2 and no single shop to have a floor area in excess of 200m2, otherwise discretionary. (See Note 1)

Supermarket No more than one and with a maximum floor area of 3,800m2, otherwise discretionary.

Take-Away Food Shop

Floor area must be included as part of the maximum floor area allowed for ‘shops’ and no more than two Take-Away Food Shops, otherwise prohibited. (See Note 1)

Discretionary Defined Use Qualification

Commercial Premises

Floor area must be included as part of the maximum floor area allowed for ‘shops’, otherwise prohibited. (See Note 1)

Consulting Room Floor area must be included as part of the maximum floor area allowed for ‘shops’, otherwise prohibited. (See Note 1)

Shop Floor area must not exceed 500m2, otherwise prohibited. (See Note 1)

Utilities Services (minor)

Prohibited


Defined Use Qualification

All other defined uses

Note 1: Application may be made under Section 57 of the Land Use Planning and Approvals Act 1993 to increase the maximum retail total floor area for ‘shops’ (which includes Commercial Premises, Consulting Room, Service Premises, Restaurant, Shop and Take-Away Food Shop) provided that the total retail floor area for ‘shops’ does not exceed 3,000 square metres.

8.21.4 Development requirements

(a) An application to which Clause 8.21 applies must demonstrate that development:

(i) is fully integrated in terms of building siting, mass and bulk, building design, colours and external, materials and finishes, access, circulation and car parking, advertising, and landscaping. Corporate colours and signage shall be supported, if they are consistent with the overall design themes for the development and positively contribute to the appearance and amenity of the development.

(ii) achieves a high quality of architectural and urban design and creates a place that is attractive, convenient and safe for people working and visiting the development.

(iii) includes measures to contribute to sustainable development, including recycling of water and materials, natural lighting and energy use.

(iv) includes public toilet facilities which are to be cleaned and maintained to the satisfaction of Council.

(v) includes landscaping and planting installed and maintained to the satisfaction of Council.

(b) An application to which Clause 8.21 applies must be accompanied by an assessment of site contamination prepared in accordance with the NEPM Assessment of Site Contamination 1999. Any permit issued must require implementation of the requirements of such report.


8.21.5 Standards for Use in the Don Road Marketplace.

(a) A use must not adversely affect the amenity of the neighbourhood through the:

(i) transport of materials, goods or commodities to or from the land.

(ii) appearance of any stored goods or materials.

8.21.6 Standards for Buildings in the Don Road Marketplace.

(a) Building Height

Buildings must not be higher than 12 metres.

(b) Setbacks

A building (other than a service station canopy) must be setback a minimum of 10 metres from the boundary of Don Road and 5 metres from any other boundary.

(c) Buildings may vary from the standards set out in this Clause pursuant to section 57 of the Land Use Planning and Approvals Act 1993 in respect of building height and setback where the applicant demonstrates that building height, setbacks, bulk and scale:

(i) are compatible with adjacent development;

(ii) will not have an adverse visual impact on the streetscape and the character of the area; and

(iii) will not detract from the amenity enjoyed by occupiers of adjacent properties and pedestrians using public open spaces in the vicinity.

8.21.7 Standards for access roads and car parking in the Don Road Marketplace.

(a) Access and traffic circulation within the site must be designed by a suitably qualified traffic engineer to the satisfaction of Councill.

(b) Access and egress to the site including any traffic control items within the road reservation and associated road works must be designed and installed at the developer’s cost.


(c) The provision of car parking spaces must be provided in accordance with the Table to Clause 7.3 of this planning scheme.

(d) Council may approve or require the number of spaces in the Don Road Marketplace as a whole to be less than the total derived from the standards in the Table to Clause 7.3 and this Clause, where it is satisfied that parking demand will be substituted by appropriate public transport services.

(e) All internal access ways, including parking areas and driveways, must be designed and constructed to a standard to cater effectively with the extent of usage generated by the development. Internal access ways, vehicular crossings and parking areas must be constructed with an all weather seal or other impervious material and drained in accordance with plans and specifications prepared by an appropriately qualified engineer and submitted to and approved by Council.

(f) A safe and functional pedestrian network must be provided from car parking areas to the entry to buildings. Pedestrian and cycle access from Don Road into the site must be provided separately from vehicle access and must be safe, convenient and capable of being used in all weather.

(g) All internal access ways, parking areas, driveways, foot and cycle ways must be illuminated in accordance with plans and specifications prepared by an appropriately qualified engineer and submitted to and approved by Council.

8.21.8 Standards for advertising signage in the Don Road Marketplace.

(a) Notwithstanding the provisions of clause 7.5 of this planning scheme, advertising signage may comprise:

(i) One advertising pylon along Don Road being not higher than 8 metres, and

(ii) One sign no greater in area than 15m2 for a discount department store or supermarket located on the parapet of the roofline and generally above the display windows.

(b) Signage on the display windows must not be greater than 50 percent of the display windows of each tenancy.

(c) Advertising panels may be illuminated but must not include flashing, moving, rotating or reflecting elements.



PART 9

SITE SPECIFIC PROVISIONS 9.1cxl

That notwithstanding anything to the contrary contained in this Scheme, the use of the land shown hatched in black on the plan attached and marked "A" as a "Retirement Village" shall be deemed to be a use to which clause 5.2.2 shall apply.

Use of Land for Retirement Village

9.2cxli

Notwithstanding anything to the contrary contained in this Scheme, the use of the land known as 2 and 2A Drake Street and shown hatched in black on the following plan as a Motor Repair Garage shall be deemed to be a use to which clause 5.2.2 shall apply.

2 & 2A Drake Street — Motor Repair Garage

9.3cxlii Notwithstanding anything to the contrary contained in this Scheme, the

use of the land known as 112 Best Street and shown hatched in black on the following plan as a Service Premises (Hairdressing Salon and Beauty Parlour) shall be deemed to be a use to which clause 5.2.1 shall apply.

112 Best Street — Service Premises

9.4cxliii Notwithstanding anything to the contrary contained in this Scheme the

use of the land known as 1B Drake Street and shown hatched in black on the following plan as a Transport Depot (Taxi Base) shall be deemed to be a use to which clause 5.2.2 shall apply.

1B Drake Street – Transport Depot

9.5cxliv

Notwithstanding anything to the contrary contained in this Scheme the use of the land known as 115 Steele Street, 117 Steele Street and 100 William Street and shown hatched in black on the following plan as a Veterinary Establishment shall be deemed to be a use to which clause 5.2.1 shall apply.

115 & 117 Street & 100 William Street — Veterinary Establishment

9.6cxlv

Notwithstanding anything to the contrary contained in this Scheme the use of the land known as 167 William Street as a Medical Centre (Consulting Rooms) shall be deemed to be a use to which clause 5.2.2 shall apply.

167 William Street — Consulting Rooms

9.7cxlvi

cxl Amendment - 97/07 15 June 1999

163 Steele Street — Community Centre

cxli Amendment E6 - 23 September 1987 & 97/07 15 June 1999 cxlii Amendment E21 - 23 September 1987 & 97/07 15 June 1999 cxliii Amendment F4 & F6 - 29 September 1987 & 97/07 15 June 1999 cxliv Amendment cxlv Amendment AM 2000/06 – 29 January, 2001.


Notwithstanding anything to the contrary contained in this Scheme the development and use of the land known as part 163 Steele Street and shown hatched in black on the plan attached as Clubrooms for the Playing of Bridge (Community Centre) shall be deemed to be a use to which clause 5.2.2 shall apply.

9.8cxlvii

Notwithstanding anything to the contrary contained in this Scheme the use and development for a car park associated with a Community Centre on lands known as 18 Macfie Street, & 7 Hiller Street being the lands approved for development as shown on the endorsed plans of Permit Number PA 2000.0154, shall be deemed to be a use and development to which clause 5.2.2 applies.

18 MacFie Street — Car Park associated with Community Centre

9.9cxlviii

Notwithstanding anything to the contrary contained in the Scheme the use and development for a Car Park and Apartment Building on land known as 9 Fenton Street, Devonport shall be a use or development to which Clause 5.2.2 applies.

9 Fenton Street – Car Park and Apartment Building

9.10cxlix Car Sales-Yard & Motor Repair Garage

171 Steele Street & 1 Don Road

Notwithstanding anything to the contrary contained in this Scheme the use and development for a Car Sales-Yard and Motor Repair Garage on land known as 171 Steele Street and 1 Don Road, being the land approved for development as shown hatched in black on the endorsed plans of Permit Number PA 2005.0026 shall be deemed to be a use and development to which Clause 5.2.2 applies.

9.11 clxxxiii

221 Tarleton Street Carpark Associated with Hotel/Licensed Premises/Motel

Notwithstanding anything contrary contained within this Scheme the use and development of a carpark ancillary to a Hotel/Licensed Premises/Motel, with no vehicular access onto Riverview Avenue on the portion of CT21185/3 – 221 Tarleton Street, East Devonport zoned Closed Residential shall be a use and development to which Clause 5.2.1 shall apply.

9.12 Mersey Bluff – Surf Club, Restaurant and Food Services

cxlvi Amendment AM 2000/10 – 26 March, 2001 cxlvii Amendment AM 2000/07 – 14 May, 2001 cxlviii Amendment AM 2004/06 – 28 July, 2005 cxlix Amendment AM 2004/06 – 1 June, 2006 clxxxiii Amendment AM 2008/05 – 20 January, 2009 clxxxv Amendment AM 2009/01 – 13 May 2009


Notwithstanding anything to the contrary contained in this Scheme, the use and development of the Surf Club Precinct being the land approved for development as shown on the endorsed plans (0824_SD01, 0824_SD02, 0824_SD03, and 3D images by JAWS Architects) of Permit Number PA 2009.0021 shall be deemed to be a use and development to which clause 5.2.1 applies. clxxxv


PART 10

HERITAGE OVERLAY CONTROLS The provisions of these Overlay Controls apply in addition to the requirements of Parts 2, and 3 of this Scheme.

10.1 The following provisions apply to

HERITAGE PLACES 10.1.1 Application of Provisions

cl

• a Heritage Item; and/or

The provisions of this Part apply to all land designated in Schedules 5 and 6 being;

• land within a Heritage Area boundary.

10.1.2 Statement of Significance

The heritage of Devonport and its environs is reflected in buildings and other features of the locality. The settlement grew to prominence as the dominant port on the north west coast of Tasmania by the beginning of the twentieth century following improvements to the port and the advent of the railway in the 1880s. This period is recalled by a wealth of buildings and particularly, dwellings of which the dominant construction form is timber reflecting the earlier importance of the area for the timber industry supplying the burgeoning growth of Melbourne in the Goldrush Era. There are other reminders of Devonport’s earlier days and of its industrial, commercial and, residential development in more recent times. As a group the late Victorian and Federation buildings provide a dominant theme but all cli

10.1.3 Purpose

Heritage Items and Heritage Areas make an important contribution to the character of the City and are part of its history.

The conservation of heritage places is intended to:

(i) contribute to a sense of place for the City and a recognition and understanding of the past;

(ii) encourage a mix of building forms and periods to provide for variety and interest in development; and

cl Amendment AM 2002/02 – 7 April, 2003 cli Amendment AM 2002/02 – 7 April, 2003


(iii) enhance attraction for tourism.

10.1.4 Objective

To protect and conserve the heritage values of places of historical, architectural, social, research, archaeological and cultural significance.

10.1.5 Development

(i) clii

(a) demolition of a building or part thereof;

Subject to Clause 10.1.6 unless the development is prohibited in any underlying zone or elsewhere in this Scheme a planning permit is required pursuant to Section 57 of the Land Use and Planning Approvals Act, 1993 for the following development:

(b) the construction of any building or alterations or additions to an existing building on land containing a building which is cliiia

(c) the construction of any building or alterations or additions to an existing building which are visible from any street or other public land;

Heritage Item under this Planning Scheme, an item on the Tasmanian Heritage Register, or a property within a Heritage Area under this Planning Scheme;

(d) any building and works involving disturbance to the surface or sub-ground on an archaeological site;

(e) the construction of any building or addition to a building of more than one storey or 5.5 metres in height;

(f) the lopping or removal of any trees in excess of six metres in height;

(g) the painting or rendering of external surfaces of a building currently not rendered or painted;

(h) signs;

(i) the carrying out or installation of any streetscape furniture and works, road works or above ground service infrastructure including cabling, satellite dishes, radio masts and the like; and

(j) subdivision or consolidation of land.

clii Amendment AM 2002/02 – 7 April, 2003 cliii Amendment AM 2002/02 – 7 April, 2003


(ii)cliv

(a)

Subject to Clause 10.1.6 unless the development is prohibited or discretionary in any underlying zone or elsewhere in this Scheme, a planning permit is required pursuant to Section 58 of the Land Use and Planning Approvals Act, 1993 for any other development including:

clv

(b) fences on any street frontage or between a building and any street frontage and any wing fences;

Deleted;

(c) buildings and building additions which are not visible from the street or other public land and do not exceed one storey or 5.5 metres in height; and

(d)clvi

(iii) An application for planning permission for development will demonstrate:

minor works that affect the appearance of the building such as replacement using similar materials, of windows and doors and reconstruction of verandas.

(a) that the proposed buildings and works are respectful of the integrity of the heritage place and its fabric;

(b) that the setback, scale and height of the building modules and components of any new building or addition are consistent with that prevalent in the existing heritage building or heritage precinct;

(c) that new buildings are sympathetic with but do not replicate historic buildings;

(d) that building materials, finishes and colours are sympathetic to the place and the period;

(e) that an appropriate degree of attention has been given to the preservation of any specimen and landmark vegetation associated with the heritage place;

(f) that subdivision or consolidation on any subdivisional layout and the potential development form that would result will not affect the heritage values of the place; and

(g) that the location and design of any vehicular access will not affect the heritage values of a place.

cliv Amendment AM 2002/02 – 7 April, 2003 clv Amendment AM 2002/02 – 7 April, 2003 clvi Amendment AM 2002/02 – 7 April, 2003


(iv) The Council may require that a conservation plan or heritage report accompany a permit application required by Clause 10.1.5(i) or (ii) to enable the Council to fully consider the heritage significance of the heritage place and the impact of the proposed development on the significance of the place. Any clviiConservation Plan or a Heritage Impact Statement as set out in Clause 7.21

(iv) Subject to Clause 10.1.6, the exemptions from approval in Schedule 2 do not apply.

is to be consistent with the conservation principles, processes and practices set down in the Australia ICOMOS charter for the conservation of places of cultural significance (the Burra Charter).

10.1.6 Exemptions

(i) Applications for development of land within the area defined by Clause 11.1 are not required for: (a) maintenance works clviiithat do not affect or change building

fabric;

(b) gardening and minor landscaping works not otherwise specified in this Clause;

(c) non-structural, interior alterations to buildings clix

(d) temporary signs and signs required to be displayed pursuant to any Act or Regulation as provided for in Clause 7.5; or

unless they are public buildings or buildings listed on the Tasmanian Heritage Register;

(e) works specified in Schedule 2, 2.1, 2.8, 2.10 and 2.11.

(f) clx

(ii)

the repainting of previously painted external surfaces of a building.

clxi

10.1.7 clxiiAdvisory Committee

Deleted.

In considering an application for use or development, Council will consider the recommendations of any advisory committee established for the purpose of assessing applications for development or use. That committee may appoint a nominee or nominees for that same purpose.

clvii Amendment AM 2002/02 - 7 April, 2003 clviii Amendment AM 2002/02 – 7 April, 2003 clix Amendment AM 2002/02 – 7 April, 2003 clx Amendment AM 2002/02 – 7 April, 2003 clxi Amendment AM 2002/02 – 7 April, 2003 clxii Amendment AM 2002/02 – 7 April, 2003


SCHEDULE 1 TABLE OF USE CLASSES AND ZONES Residential Business Industrial

USE CLASS

Clo

sed

Res

iden

tial

Sem

i Res

iden

tial

Urb

an D

ensi

ty R

esid

.

Hig

h D

ensi

ty R

esid

.

Low

Den

sity

Res

id.

Rur

al R

esid

entia

l

Res

erve

d R

esid

.

Vill

age

Bus

ines

s C

omm

.

Bus

ines

s Lo

cal

Tran

spor

t & W

are.

Por

t Aut

horit

y

CB

D Z

onecl

xiii

D

elet

edcl

xiv

Ligh

t Ind

ustri

al

Gen

eral

Indu

stria

l

Offe

nsiv

e In

dust

rial

Spe

cial

Indu

stria

l

Rec

reat

ion

Spe

cial

Rur

al

Abattoirs & Saleyards X X X X X X X X X X X R X X X P X X Agricultural Uses X X X X X X X A X X X E X X X X X P

+ Apartment Building clxxxii A A A P X X X A X X X F X X X X X X * *Bulk Store X A X X A A X A A X P E P P P P X A * Caravan Park & Camping Area X A X X X X X A X X X R X X X X A A Car Park X A X A X X X A P X P P P A A A X Car, Boat, Caravan &

Machinery Salesyard

X

A

X

X

X

X

X

X

P

X

P

TO

A

A

X

X

A

X

CBD clxv (Refer to Clause 8.20)

0 Church A X A A A A A A X A X C X X X X X A 0 Civic Building X A X A X A X A P X A L P P X X X A * Commercial Premises X A X X X X X A P X P A A A X X A A Community Centre X A X X X X X A P X A A U X X X X P X Consulting Room X P A X X X X P P A A S X X X X X A Dependent Relative Unit P A P P P P P P X X X E X X X X X R Discount Department Store

clxxxix X X X X X X X X A X X X X X X X X X

* Educational Establishment A X A A A A A A A X X X X X X A A Flat A A A P X X X A A X X 8 X X X X X X * Fuel Depot X X X X X X X X X X X A . A A A X X A Full–Line Department Storeclxvi X X X X X X X X X X X X 2 X X X X X X Funeral Parlour X A X X X X X A A X A 0 A X X X X X Garden Centre X A X X A A X A X X A A X X X X A General Offices X P X X X X X A P A P A X X X A X Health Centre A A X A A A A A P X A X X X X X X Holiday Flat A A A P X X X A X X X X X X X A X Home Occupation A P A A A A A P P A A X X X X X A Hospital X X X A X X X X X X X X X X X X X Hotel or Licensed Premises X X X X X X X A P X X X X X X A X Industrial – light X X X X X X X X X X A P P X X X X Industrial – general X X X X X X X X X X X A A P A X X X Industrial – offensive X X X X X X X X X X X X X P A X X Industrial – service X A X X X X X A A X A P A X X X A Industrial – extractive X X X X X X X X X X X X X X X X A Industrial – rural X X X X X X X X X X X P A X P X A Industrial – hazardous X X X X X X X X X X X X A A X X A Institutional Building X X X X X X X X X X X X X X X X A

clxiii Amendment AM 2001/02 – 4 November 2002 clxiv Amendment AM 2001/02 – 4 November 2002 clxv Amendment AM 2001/02 – 4 November 2002 clxvi Amendment AM 2001/02 – 4 November 2002 clxxxii – Amendment No 2005.05 – November 2006



Residential Business Industrial

USE CLASS

Clo

sed

Res

iden

tial

Sem

i Res

iden

tial

Urb

an D

ensi

ty R

esid

.

Hig

h D

ensi

ty R

esid

.

Low

Den

sity

Res

id.

Rur

al R

esid

entia

l

Res

erve

d R

esid

.

Vill

age

Bus

ines

s C

omm

.

Bus

ines

s Lo

cal

Tran

spor

t & W

are.

Por

t Aut

horit

y

C

BD

Zon

eclxv

ii

D

elet

edcl

xviii

Ligh

t Ind

ustri

al

Gen

eral

Indu

stria

l

Offe

nsiv

e In

dust

rial

Spe

cial

Indu

stria

l

Rec

reat

ion

Spe

cial

Rur

al

Intensive Horticulture X X X X X A X A X X X R P A X X X A Intensive Livestock Farming X X X X X X X X X X X E A X X X X A Kennels A A A X A A A A X X X F A A X X X A Manufactured Home A A X X A A A A X X X X E X X X X A R Market Placeclxix X X X X X X X X X X X X R X X X X A A Motel (unlicensed) X X A A X X X A P X X X X X X A X * Motor Repair Garage X X X X X X X A P X P P P X X X A Passive Recreationclxx A P P A A A A A P X X T A X X X P A Pre-school Centre A X A A A A A A A X X O X X X X X X

# Private Recreation clxxi A A A A A A A A A A X X X X X P A Professional Office X P X X X A X A P A P X X X X X X * Public Building A P X A X A A A P X A C A X X X P A 0 Public Parkclxxii A P P A A A A A P X X L A X X X P A Recreational Grounds X X X X X X X A X X X A A A X X P X

0 Residential Building A A A A A A A A A X A U X X X X A A * Restaurant X A X X X A X A P X A A S X X X X A A Retirement Village AM2004/01 A A X A X X X X X X X X X X X X X X Scrapyard & Car Wreckers yard X X X X X X X X X X X E A P X X X X Service Premises X A X X X X X A P P P X X X X A X * Service Shop X A X X X X X A P P X 8 X X X X A A Service Station clxxiii X A X X X X X A P A A . P P P X X X Shop X A X X X X X A P X A 2 X X X X X X Showroom X A X X X X X X P X P 0 P A X X A X Single Dwelling P1 A P P P P P P X X X . X X X X X R

0 Stable X X X X X A A A X X X A X R X A A 0 Store X A X X X X X A A X P P P A X X A Supermarket X X X X X X X X P X X X X X X X X Take-Away Food Shop X A X X X X X X P P A A X X X X A X Tavern X X X X X X X A P X X A X X X A X * Timber Mill X X X X X X X X X X X A A X X X A Tourist Operation clxxiv X A X X X A X X X X X X X X X A A * Transport Depot X X X X X X X A X X P P P X X X A Utility Services (major)clxxv A A A A A A A A A A A A A A A A R Utility Services (minor)clxxvi A A A A A A A A A A A A A A A A R Veterinary Establishment X A X X X A X A A X P A X X X A A Warehouse X A X X X X X X P X P P P P X X X

0 Welfare Institution A X X A A X A A X X X X X X X X A 0 Woodyard X X X X X X X A X X X A P X X X A Miscellaneous X A X X X X X A A A A A A A A A A

clxvii Amendment AM 2001/02 – 4 November 2002 clxviii Amendment AM 2001/02 – 4 November 2002 clxix Amendment AM 2001/02 – 4 November 2002 clxx Amendment AM 2001/02 – 4 November 2002 clxxi Amendment AM 2004/04 – 29 November 2004 clxxii Amendment AM 2001/02 – 4 November 2002 clxxiii Amendment AM 2003/01 – 25 June 2003 clxxiv Amendment AM 2004/04 – 29 November 2004 clxxv Amendment AM 2001/02 – 4 November 2002 clxxvi Amendment AM 2001/02 – 4 November 2002 Amendment AM 2004/01 – 6 September 2004


Key to Table of Use Classes and Zones

“P” means the use is a principle use permitted as of right.

“P1” means the use is permitted as of right and a planning permit is not required provided that development complies with all relevant development standards without invoking the provisions of Section 733B of the Act.

“A” means that the use is prohibited unless the Council subject to the provisions of Section 733B of the Act or any statutory modification or re-enactment thereof grants permission for that use.

“X” means that the use is prohibited.

“R” Where ‘R’ appears see clauses 8.7 to 8.7F.

* Not permitted in a Rural Zone if only direct access to a State Road is available.

0 Within the Rural Zone the uses marked 0 require the approval of the Department of Main Roads where access is required to a Main Road.

# Within the Closed Residential and Low Density Residential zones, the use marked # should be limited to daytime operations and not more than 4 persons at any one time, or be capable of demonstrating that any greater use will not have a detrimental effect on residential amenity.

+ clxxxii A use marked + is a permitted use in accordance with Clause 3.3.1 on land within the Closed Residential Zone north of Thomas Street in East Devonport.



SCHEDULE 2

EXEMPTIONS FROM APPROVAL 1. Public Works:

The carrying out by public utility, works and transport undertakings of authorised development reasonably required for maintenance and repair purposes.

2. Use of Existing Tips:

The deposit of refuse or waste materials on a site in use for that purpose on the appointed day, provided that the height of the deposit does not exceed the level of the adjoining land and the superficial area is not thereby extended.

3. Building Maintenance:

The carrying out of building or other work for the maintenance or repair of any building, being work which does not materially alter the external appearance of the building.

4. Interior Alterations:

The carrying out of alterations to the interior of a building, provided such alterations are not associated with a change of use constituting development under this Scheme.

5. Painting etc:

The painting or colouring of the exterior of any building or work otherwise than for the purpose of advertisement.

6. Minor Domestic Buildings:

The erection, construction or placing within the curtilage of a dwelling house, of dog kennels, fuel bunkers, cold frames, rubbish receptacles, or such other minor buildings as the Council may by notice permit in a specified locality, subject to the height of such buildings or structures not exceeding five feet above ground level.

7. Road Repairs, etc:

The carrying out of any work for the purpose of repairing or reconstructing any roads or footpaths.


8. Repairs to Services:

The carrying out of any work for the purpose of inspecting repairing or renewing any drains, sewers, mains, pipes, cables or apparatus associated therewith, including the breaking open of any road or footpath for such purpose.

9. Tree Planting:

The planting of trees, shrubs or other vegetation on any land provided such operations do not involve a change of use constituting development under this Scheme.

10. Rural Fire Control:

The cutting of firebreaks in woodland.

11. Sundry signs, notices and advertisements:

(a) the display of advertisements within a building or enclosed land if not readily visible from land outside the building or enclosure or from any part of such building or enclosure through which there is a public right of way;

(b) the illumination of the entrance to a building or site provided such illumination shall not be applied to any feature which in itself would constitute an advertisement under this Scheme;

(c) the display of house names or street numbering on the external wall of a building or at the entrance to a site;

(d) the display of advertisement wholly for the purposes of announcement or direction in relation to any of the statutory functions of a local authority or the operation of a statutory or public transport undertaking;

(e) the display of statutory notices required to be displayed by an enactment or By-Law;

(f) the display of signs or notices relating specifically to a pending election or referendum, provided such signs or notices are removed within fourteen days following declaration of the poll;

(g) the display of warning signs by a local authority or public utility undertaking, so far as expressly required by statute or reasonably required in the interests of public safety.

12 clxxviiHeritage Items and Heritage Areas.

Development and works that are exempt from approval in a Heritage Area or relating to a Heritage Item are stipulated in Part 10 section 10.1.6 of this Scheme.

clxxvii Amendment AM 2002/02 – 7 April, 2003


SCHEDULE 3

3.0 SPECIAL FOOD PROCESSING ZONE & SPECIAL FOOD PROCESSING BUFFER ZONE

S3.1 The provisions of this schedule shall take precedence over a standard or other requirement in this scheme to the extent of any inconsistency.

S2.2 Zone Objectives

S3.2.1 The Special Food Processing Zone and Special Food Processing Buffer Zone provide for the sustainable development of an integrated dairy food processing facility:

a) of significant economic value to the region;

b) of the general nature indicated in the Development Proposal and Environmental Management Plan (DPEMP) for United Milk Tasmania Milk Processing Plant Spreyton dated April 1996;

c) and other use or development compatible with the uses and developments referred to in the DPEMP.

S3.2.2 Use and development in the Special Food Processing Zone is for the processing of dairy products within boundaries which:

a) allow for future expansion of the processing of dairy products; and

b) are intended to be fixed for the future, so as to prevent expansion of processing beyond those boundaries.

S3.2.3 The Special Food Processing Buffer Zone is to provide a buffer of land of predominantly rural appearance between the Special Food Processing Zone and other zones, which permitting roads and other services which serve developments in the Special Food Processing Zone.

S3.3 The Special Food Processing Zone

S3.3.1 Clause S3.3.2 and S3.3.3 set out the permissible use or development of land within the Special Food Processing Zone. A use or development which is not referred to in clause S3.3.2 or S3.3.3 is prohibited, and the provisions of this Scheme which apply to prohibited use or development apply to them.


S3.3.2 Permitted Use and Development

Use or development which is permitted in the Special Food Processing Zone:

a) the processing, storage, packaging or wholesale sale of dairy products;

b) the ancillary storage of other food products;

c) the processing, packaging or wholesale sale of other food products, if those uses:

(1) are conducted in buildings, and using equipment, used for the purposes set out in clause S3.3.2(a), and

(2) are not likely to cause the emission of anything which is likely to cause any measurably greater adverse effect on the amenity of the area than any use or development which has been granted a permit in accordance with this Schedule.

d) use or development which is permitted in the Special Food Processing Buffer Zone;

e) any sign which is not readable by the unassisted eye from any point on the external boundary of the Special Food Processing Buffer Zone or from a height of 100 metres above sea level.

S3.3.3 Discretionary Use and Development and Development

Use or development which is discretionary in the Special Food Processing Zone:

a) use or development which is discretionary in the Special Food Processing Buffer Zone;

b) the processing, storage, packaging or wholesale sale of other food products;

c) the retail sale of any product processed or made in this Zone;

d) tourist information, displays or tours related to any products processed or made in this Zone or related to the dairy industry.


S3.3.4 Development Standards

Use or development in the Special Food Processing Zone is to comply with the following standards.

a) At any point on the external boundary of the Special Food Processing Buffer Zone, the light emitted by the developments within the Special Food Processing Zone or Special Food Processing Buffer Zone is not to be brighter than the light emitted from the street lights in public roads measured at the same point.

b) A sound attenuation mound or fence or mound and fence must be constructed in the approximate position marked on drawing 12360/C2 lodged with the Panel of a height and design to achieve at least a 5dB(A) reduction in vehicle noise levels.

c) Vehicle access to or egress from any part of the land within the Special Food Processing Zone or Special Food Processing Buffer Zone shall only be made or used from Mersey Main Road.

d) Compliance with all applicable environmental licences, permits and regulations.

e) Landscaping is to be in accordance with a landscape plan approved by Council that will provide visual screening of buildings and structures from adjacent areas and when viewed from Ambleside.

S3.4 The Special Food Processing Buffer Zone

S3.4.1 Clause S3.4.2 and S3.4.2 set out the permissible use or development of land within the Special Food Processing Buffer Zone. A use or development which is not referred to in clauses S3.4.2 or S3.4.3 is prohibited, and the provisions of this Scheme which apply to prohibited use or development apply to them.

S3.4.2 Permitted Use and Development

Use or development which is permitted in the Special Food Processing Buffer Zone:

a) roads, security gates, drains, water pipes, sewers, electric power and telephone lines, irrigation, pump stations and similar services for the benefit of uses and developments within the Special Food Processing Zone and Special Food Processing Buffer Zone;

b) the grazing of cattle, horses or sheep;

c) buildings, fences and other structures limited to those reasonable required for and used for the grazing of cattle, horses or sheep;


d) water storage dams and tanks for storm water and condensate water, and associated pumps;

e) not more than one sign no greater than 6m2 near the Mersey Main Road entrance bearing the name or names of the business or businesses conducted in the Special Food Processing Zone and if it is illuminated, complies with the standard provided in clause S3.3.4(a);

f) security fencing which is at least 30 metres form the boundary of this Zone with any other Zone other than the Special Food Processing Zone;

g) fences of an agricultural or residential appearance or nature;

h) noise attenuation devices and landscaping.

S3.4.3 Discretionary Use and Development

Use or development which is discretionary in the Special Food Processing Buffer Zone:

a) advertising signs relating only to dairy products or other food products processed or made within the Special Food Processing Zone and which are not readable by the unassisted eye from a public road or from a height of 100 metres above sea level;

b) recreation of any nature, whether public or private, which is not likely to adversely affect the amenity of the area outside this Zone to any significant extent;

c) the subdivision of any of the land, including subdivision of land in this Zone from land in the Special Food Processing Zone;

d) cropping and tree farming.

S3.4.4 Development Standards

Use or development in the Special Food Processing Buffer Zone is to comply with the following standards.

a) Within this Zone, trees or shrubs of 2 metres height or more are not to be removed or destroyed:

(1) without the prior discretionary approval of the Council and in accordance with any conditions imposed by the Council on that approval, or

(2) unless it is reasonable required for the construction or installation of any of the developments referred to in clause S3.4.2(a).


b) Compliance with all applicable environmental licences, permits and regulations.

S3.5 Development Applications

S3.5.1 Permitted Use of Development

A permitted use or development within these Zones is not to be commenced or undertaken without the prior application for, and issue of, a permit which the Council must grant either unconditionally or conditionally provided that the use or development complies with clauses S3.3.4 of S3.4.4.

S3.5.2 Discretionary Use or Development

A discretionary use or development is not to be commenced or undertaken without the prior application for and issue of a permit which the Council has the discretion to grant unconditionally or conditionally, or refuse.

S3.6 Interpretation

S3.6.1 Use or development means use, development, a combination of use and development or uses and developments.

S3.6.2 the provisions of this Schedule are to be interpreted primarily by reference to the Objectives and content of this Schedule. Words and expressions may be used in this Schedule in a manner, or with meaning, different from the same or similar words or expressions in the other provisions of this Scheme.

S3.6.3 only those provisions of this Scheme which are expressly, or by necessary implication, applicable to this Schedule are to apply to this Schedule.

S3.6.4 For the purpose of this Schedule, the terms “use”, “development” and “Sustainable development” have the meaning provided in section 3(1) Land Use Planning and Approvals Act 1993.

S3.6.5 Nothing in this Schedule prevents any use or development which is reasonably incidental to and integral with, any use or development in respect of which a permit is granted by the Council under this Schedule.

S3.7 Areas outside the Special Food Processing Zone and Special Food Processing Buffer Zone


S3.7.1 The following use or development is permitted:

a) an underground rising main connecting with the Council’s sewerage system at a point approved by the Council;

b) an underground water main to connect to Council’s water supply pipes at a point approved by the Council;

c) road works on Mersey Main Road to improve the safety of the junction of the access road with Mersey Main Road.


SCHEDULE 4

4.0 clxxviii S4.1 The provisions of this schedule must take precedence over a standard

or other requirement in this scheme to the extent of any inconsistency.

PORT ZONE

S4.2 Zone Objectives S4.2.1 The zone objectives of the Port zone are:

(a) To facilitate the continued operation and growth of the Devonport

Port as a major cargo and passenger handling and distribution

centre.

(b) To allow a range of activities that compliments the continued and

effective operation of the area for port and shipping purposes.

S4.3 Application Clause S4.3 sets out the exempt, permitted, discretionary and

prohibited use or development within the Port Zone.

Unless specifically exempted by Clause S4.3.1 of this Schedule or

Schedule 2 to this Scheme, a permit is required to undertake any

development of land.

S4.3.1 Exempt The following use is exempt from planning approval.

Use Conditions or Restrictions

Port and Shipping Purposes Within the proclaimed wharf area

Public Recreation

The following use or development is exempt from planning approval.

Use or Development Conditions or Restrictions

Maintenance Dredging

Wharf Within the proclaimed wharf area

(Note: The development of land for Port and Shipping Purposes

requires a permit). clxxviii Amendment 2002/04 - 24 February, 2003


S4.3.2 Permitted The following use or development is permitted as of right provided that

development and use complies with the relevant development

standards stipulated in Clause S4.5 of this Schedule.


Advertising Signs 1. One sign for each separate

building which is to be

incorporated into the design of the

building. Such a sign must not

exceed the maximum area of 12m2

and must not protrude beyond the

walls or roof of the building.

2. One ground based sign for each

building. Each sign must not

exceed the maximum area of 4m2

and may be an illuminated sign if

not seen from the river.

3. Tasmanian Visitor information

signs.

4. Directional and safety signs.

Bulk Store

Car Park

Fuel Station

Port and Shipping Purposes The development of Port and

Shipping Purposes within the

Proclaimed Wharf Area is permitted.

The use or development of Port and

Shipping Purposes outside the

Proclaimed Wharf Area is permitted.


Railway West Devonport land area only

Road

Store

Subdivision Where:

(a) It is a minor boundary adjustment

and no additional lots are created;

or

(b) it is for the purpose of providing

public services and utilities, or

(c) it is to amalgamate lots.

Tourist and Public Facilities

Transport Depot

Utility Services (Minor)

S4.3.3 Discretionary The following use or development is discretionary and must comply with

the relevant development standards stipulated in Clause 4.0 of this

Schedule.


Boat Ramp

Call Centre

Capital Dredging

Fuel Depot

Light Industry

Marina

Public Jetty

Shop

Subdivision Where the conditions or restrictions


stated in Clause S4.3.2 can not be

met, a plan of subdivision is only to be

lodged with the Council for approval if

it is accompanied by or preceded by,

an application for planning approval

and any required building approval for

development on all lots on the plan of

subdivision.

Take Away Food Shop

S4.3.4 Prohibited All use or development not listed above is prohibited

S4.4 Interpretation S4.4.1 Use or development means use, development, a combination of use

and development or uses and developments.

S4.4.2 For the purpose of this Schedule, the terms “use” and “development”

have the meaning provided in Section 3(1) of the Land Use Planning

and Approvals Act 1993.

S4.4.3 All definitions for this Schedule are contained in Clause 1.4 of this

Scheme.

S4.5 Development Standards Unless otherwise specified in Clause S4.3 of this Schedule, use or

development in the Port Zone is to comply with the following standards

and requirements.

S4.5.1 Subdivision Minimum

There is no minimum lot size.

S4.5.2 Building Height

The maximum height of buildings in the Port zone shall be 15 metres.

The Council may approve a greater height than 15 metres where it is

satisfied that the building will not cause adverse overshadowing of

adjacent lots or more adversely affect the streetscape, skyline or

character of the area than a similar building of a height of 15 metres.


S4.5.3 Building Setbacks

Apart from the provisions of clause S4.5.9 there is no minimum setback

requirement.

S4.5.4 Building Cladding

All buildings must be constructed with external materials which are non-

reflective and provide external features and devices that create visual

interest and limit large expanses of walls.

S4.5.5 Lighting

All lighting including illuminated signs must be appropriately directed

and baffled so that no nuisance, hazard or danger is caused to the safe

operation to the ships using the river.

4.5.6 Infrastructure

Reticulated services are required including reticulated water supply of

sufficient capacity and pressure to satisfy fire fighting requirements, a

connection to the Councils sewer main and drainage to the Councils

stormwater system must be provided.

Stormwater discharges during and after development must be

controlled by appropriately designed structures to prevent soil erosion

and the entry of silt, gravel, oil grease, toxic, or hazardous substances

or any other emissions of pollutants into the Councils stormwater

system or any adjacent water way or wetland.

S4.5.7 Car Parking

Car parking is to be provided in accordance with clause 7.3 of the

Planning Scheme. All planning applications for a car park must include

a landscape plan which shows the design, materials and plants to be

used and the maintenance program to be implemented.

S4.5.8 Emission Controls

Council may require planning applications to be accompanied by an

environmental management plan to demonstrate that there is to be no

adverse emissions or other nuisances.


S.4.5.9 Development Adjoining Thomas Street

In Thomas Street between the intersection with Wright Street and the

Esplanade, a landscape and noise attenuation buffer is to be provided

that is 8.0 metres wide from north to south from the front of the title

boundaries at Thomas Street.

A landscape plan detailing the design, schedule of plants, screening

materials, fencing and maintenance program is to be submitted for

approval by the Council.

The landscaping shall incorporate advanced trees, which will provide at

least 30 percent screening of building facades visible from Thomas

Street.

Fences higher than 2100mm are not permitted.

No advertising or building is to occur in the buffer area.

Apart from the provision of emergency access, no access for port

operations shall be permitted onto Thomas Street between the

intersection with Wright Street and the Esplanade.

S4.5.10 Fencing Adjoining Wright Street

Security fencing adjoining Wright Street between the intersection of

Norton Way and Young Street must be of chain mesh type and powder

coated or other such materials as may be approved by the Council.

Where security fencing greater than 3.0 metres in height is likely to be

visible from the street, additional measures are to be incorporated into

the landscaping to lessen its impact.


SCHEDULE 5

5.0 HERITAGE ITEMS

SCHEDULE OF HERITAGE ITEMS

Devonport & Environs Heritage Study

Volume & Folio Item Type Street & Number Comments

No legal fields recorded House 3 Archer Street

No legal fields recorded Terrace 5 Archer Street

Vol 92970 Fol 9

Vol 92970 Fol 10

House 7 Archer Street Dronayne

Vol 13265 Fol 16 House 14 Archer Street

Vol 49504 Fol 9 House 28 Archer Street

Vol 60428 Fol 18 House 3 Arthur Street

Cemetery Bass Highway Wesleyan Cemetery

Vol 59910 Fol 12 Church 27 Best Street St Columba’s Presbyterian Church

Vol 68277 Fol 6 House 56 Best Street



No related land House 108 Best Street



Vol 20802 Fol 1 House 5 Brooke Street Toronto Cottage

Bluff Road Bluff Road Cemetery

Bluff Road Meercroft Stone Wall

Vol 128798 Fol 1 House 2 Buster Road

Vol 44 Fol 1867

Vol 44 Fol 1867

House 240 Buster Road

Vol 238899 Fol 1 House 5 Cedar Court Rannoch House

Vol 110576 Fol 1 House 5 Charles Street

Vol 50500 Fol 1 House 7 Charles Street

Vol 114053 Fol 1 House 1 Chettle Street

Vol 124013 Fol 1 House 5 Chettle Street

Church Church Street St Paul’s Church Hall & Pioneer Cemetery

Vol 110567 Fol 1, Vol 110567 Fol 2

House Cnr Forth & Forth Side Rd 457 Forth Road

Vol 203386 Fol 7 House 9 Cross Street


Vol 232724 Fol 1 Commercial 6 Cutts Road Don River Company Store

Vol 109440 Fol 3 House 36 Cutts Road Symbister

Vol. 37241 Fol. 1 House 94 Cutts Road “Hawthorne”

Vol 235160 Fol 1 House 107-113 David Street Mount Pleasant

Vol 252425 Fol 1 House 100 David Street Cliffden

Vol 226454 Fol 1 House 104 David Street Fairmount

Vol 220292 Fol 1 House 112 David Street

Vol 214623 Fol 1 House 145 David Street Amelia Cottage

Vol 60133 Fol 12

Vol 14524 Fol 2

Vol 14524 Fol 3

House 150 David Street Elsie Cottage

Vol. 2135991 Fol. 1 House 66 Don Heads Road

Vol. 32663 Fol. 3 House 135 Don Heads Road Don Heads Farmhouse

Vol. 32663 Fol. 1 House 135 Don Heads Road Don Heads Farm Cottage

Vol 19069 Fol 1 House 7 Douglas Street





Vol 127125 Fol 1 House 81 Drake Street

Vol 219890 Fol 1 House 7 Drew Street

Vol 217004 Fol 17 House 15 Drew Street

Vol 222046 Fol 1

Vol 225041 Fol 1

Church 11 Edward Street Masonic Temple

Vol 24 Fol 5791 House 29-31 Elizabeth Street

Vol 9354 Fol 1 House 33 Elizabeth Street

NO legal fields are recorded on this land parcel

House 2-3 Esplanade Esplanade Store

– George Tuckers Boot & Shoe Shop


House 33 Esplanade

Vol 124623 Fol 1 House 2-4 Fenton Street

Vol 64236 Fol 3

Vol 53363 Fol 1

House 6 Fenton Street

Vol 129295 Fol 1 Church 9 Fenton Street St John’s Church Hall

Vol 129295 Fol 1 Church 9 Fenton Street St John’s Anglican Church


Vol 117434 Fol 1 Church 15 Fenton Street CWA former Church

Vol 88966 Fol 2 House 4 Finlaysons Way

Vol 223710 Fol 1 House 10 Finlaysons Way

Vol 25842 Fol 1 House 28 Forbes Street



No related land Commercial 80-82 Formby Road Formby Hotel

Shipping Formby Road Harbour Master’s Office

Railway Formby Road Stone Railway Platform

Vol 126895 Fol 1

Vol 126895 Fol 2

Commercial 1 Formby Road Roberts Warehouse on r/way

Vol 222883 Fol 1 Commercial 3 Formby Road Roberts Warehouse on r/way

Vol 122269 Fol 3 House 14 Formby Road

Vol 7118 Fol 1 House 16 Formby Road

No related land Commercial 40 Formby Road Nowell Agricultural Supplies

Vol 9296 Fol 1

Vol 36097 Fol 1

Commercial 41 Formby Road KPR Industrial

Vol 61217 Fol 3

Vol 61217 Fol 2

Commercial 48 Formby Road Port of Dev Corporation

Vol 224436 Fol 1 Commercial 50 Formby Road P & O Ports

Vol 220491 Fol 1

Vol 228375 Fol 1

Commercial 51 Formby Road Keeps Screenprinting

Vol 66414 Fol 1

Vol 84012 Fol 1

Commercial 53 Formby Road Speedy Tyres

Vol 66414 Fol 1

Vol 84012 Fol 1

House/Comm. 56 Formby Road

Vol 231294 Fol 1

Vol 93148 Fol 3

Commercial 78 Formby Road Alexander Hotel

Vol 109931 Fol 2 Commercial 92 Formby Road Visitor Information Centre

Vol 47452 Fol 1

Vol 70436 Fol 1

House 2 Forth Road

Vol 88614 Fol 2 Commercial 4 Forth Road Hays Petrol Station & Garage

Vol 54629 Fol 3 Hotel/house 10 Forth Road Don Hotel

Vol 88614 Fol 2 House 21 Forth Road

Vol 135735 Fol 1 Railway 24 Forth Road Don River Railway

Vol 5 Fol 2041 Cemetery 26 Forth Road Congregational/Uniting/

Cemetery


Vol 5 Fol 2041 Church Hall 26 Forth Road Congregational/Uniting Church

Vol 5 Fol 2041 Church 26 Forth Road Congregational/Don Uniting

Vol 40112 Fol 1 House 28 Forth Road Milton Estate Cottage


Vol 20662 Fol 2

Vol 20662 Fol 1

House 34 Forth Road

Vol 52581 Fol 1 House 36 Forth Road William Mansfield’s Store


Vol 132947 Fol 1 House/Manse 40 Forth Road The Gables (Congregational)


Vol 110567 Fol 1

Vol 110567 Fol 2

House 457 Forth Road Hill Top

Vol 204145 Fol 1 House 1 George Street

Vol 208053 Fol 1 House 3 George Street Ballara

Vol 231179 Fol 1 House 16 George Street Railway Cottage


Vol 47452 Fol 1

Vol 70436 Fol 1

House 22 George Street Railway Cottage

Vol 206742 Fol 1 House 24 George Street Railway Cottage



Museum 6 Gloucester Avenue Maritime Museum & signal

Vol 19029 Fol 1 House 29 Gunn Street





Vol 37803 Fol 1 House, Comm. 29 Henry Street Corner Shop

Vol 22124 Fol 1 House 26-28 Hiller Street

Vol 36638 Fol 1 House 4 Hiller Street


Vol 250312 Fol 1 House 12 Hiller Street Pebble Lodge


Vol 250339 Fol 1 House 14 Hiller Street Weerona






Vol 18871 Fol 1 House 20 Hiller Street Lorraine

Vol 37 Fol 9720 House 21 Hiller Street Finvoy



Vol 129244 Fol 1

Vol 129244 Fol 2

Vol 128981 Fol 1

House 79 Hopkins Road

Vol 27312 Fol 1 House 49 John Street

Vol 55675 Fol 14 House 9 Kempling Street




Vol 247242 Fol 1

Vol 73527 Fol 1

Commercial 27-31 King Street Ex Transport Department

Vol 55304 Fol 3 House 7 Lapthorne Close

Vol 237128 Fol 1 House 21 Lapthorne Close

Church Lillico Road James Brown’s Wesleyan Church

Vol 104552 Fol 1 House 28 Lillico Road

House Lodder Road Don School Master’s Residence

Vol 229130 Fol. 1 House 24 Lodder Road

Vol 236647 Fol 1 School 30 Lodder Road School House

Vol 88585 Fol 3 House 27 Macfie Street Royvol

Vol 31240 Fol 1

Vol 31240 Fol 2

House 38 Macfie Street

Vol 20595 Fol 1 House 40 Macfie Street

Vol 125015 Fol 1 House 42 Macfie Street

Vol 27445 Fol 3 House 44 Macfie Street Macfie Manor, Tradewinds

Vol 122272 Fol 1 House 47 Macfie Street Rosemount

Vol 215200 Fol 1

Vol 236649 Fol 1

House 58 Madden Street

Vol 54121 Fol 2 House 15 Lower Madden Street Railway House

Vol 62712 Fol 6 House 1 Malunnah Close Malunnah

Vol 63059 Fol 1 House 8 Marine Street Stormness

Vol 63059 Fol 2 House 5A Marine Street Fetteresso

Vol 22083 Fol 26 House 7 Marvan Place Originally called “Yagunya”

Vol 113983 Fol 1 Church 96 Mersey Road Former Baptist Church (Scout Hall)

Vol. 28443 Fol. 1 Church/House 143 Melrose Road Aberdeen Abbey


Vol 15677 Fol 3 House 144 Melrose Road




Vol 101676 Fol 3 House/Shop 398 Melrose Road

Vol 34712 Fol 1 House 769 Melrose Road Sunder Pahr

Vol 129629 Fol 2 House 868 Melrose Road “Waughambeham”

Vol 54234 Fol 7 House 1031 Melrose Road Barrington

Vol 248784 Fol 1 Lighthouse Mersey Bluff Lighthouse

Vol 124200 Fol 1 House 67-71 Mersey Road

Vol 55884 Fol 3 House 18 Mersey Road

Vol 132831 Fol 4 House 24 Mersey Road School Residence

Vol 33 Fol 9631

Vol 33 Fol 9631

House 119 Mersey Road

Vol 112395 Fol 4 House 3 Middle Road


Vol 106348 Fol 2

Vol 106347 Fol 1

House 9 Middle Road




Vol 224549 Fol 1 House 77 Middle Road Home Hill

Vol 18630 Fol 1 House/PostOffice 14 Murray Street Post Office

Vol 35125 Fol 1 House 30 Murray Street




Vol 50 Fol 551 House 3 Nicholls Street

Vol 122187 Fol 1 House 6 Nicholls Street St Margaret’s School






Vol 26543 Fol 1 House 94 North Fenton Street



Vol 132195 Fol 1 Arboretum Old Tram Road Tasmanian Arboretum Inc.

Vol 229547 Fol 1 House 32-34 Oldaker Street

Vol 232713 Fol 1 House 4 Oldaker Street


Vol 78965 Fol 1

Vol 78965 Fol 2

House 8 Oldaker Street Now – 8-10 Oldaker Street

House 10 Oldaker Street




Vol. 121378 Fol. 1 Grandstand 134 Racecourse Road Grandstand

Vol 84146 Fol 1 House 1 Pardoe Street

Vol 63620 Fol 2 House 5 Pardoe Street Iliana

Vol 232180 Fol 1 House 13 Pardoe Street Rose Cottage

Commercial 26 Pardoe Street McCalls Pharmacy

Vol 105324 Fol 1 House 30 Pardoe Street

Vol 235806 Fol 1 House 5 Parker Street

Vol 238087 Fol 10 House 6 Parker Street

Vol 14594 Fol 4 House 22 Parker Street Dumble Cottage

Vol 59883 Fol 1 House 3 Percy Street House converted to flats

Vol 250522 Fol 1 House 51 Percy Street Corvalis

Vol 60602 Fol 3 House 111 Percy Street

Vol 252002 Fol 3 1 Renison Court

Vol 203469 Fol 1 House 5 Ronald Street

Vol 238092 Fol 1 House 10 Ronald Street Kedloche



Vol 233386 Fol 1

Vol 63112 Fol 3

Vol 63112 Fol 1

Vol 106149 Fol 1

Commercial 7-23 Rooke Street Griffiths Row –

Vol 114907 Fol 1

Vol.24225 Fol. 1

Commercial 59-63 Rooke Street

Vol 8403 Fol 2 Commercial 48-52 Rooke Street


Vol 117691 Fol 1

Vol 117691 Fol 2

Commercial 56-58 Rooke Street 56-60 Rooke St



Vol 199624 Fol 1 House 16 Rooke Street Rusts Building

Vol 111301 Fol 1 Commercial 20 Rooke Street Commonwealth Bank

Vol 240947 Fol 1 Commercial 25 Rooke Street MBF Building

Vol 93414 Fol 1 Commercial 27 Rooke Street

Vol 93199 Fol 5 29 Rooke Street


Vol 92863 Fol 1 Commercial 31 Rooke Street Webster Building

Vol 84823 Fol 1 Commercial 37 Rooke Street Cowles shop now David Pars

Vol 199756 Fol 1 Commercial 43 Rooke Street National Bank Building

Vol 129099 Fol 1 Commercial 77 Rooke Street

Vol 221999 Fol 1 Commercial 127 Rooke Street Day’s Building

Vol 126205 Fol 1 Justice 145A Rooke Street Community House

Vol 221999 Fol 1 Commercial 169 Rooke Street Rialto Restaurant

Vol 112947 Fol 1 House 167 Sheffield Road Keens

Church Sheffield Road All Saints Anglican Church

Vol 75933 Fol 4 House 59 Sorell Street Sunnyside

Vol. 93106 Fol.1

Vol. 119645 Fol. 1

Commercial 11-15 Steele Street

Vol 93106 Fol 1

Vol 119645 Fol 1

Vol 93106 Fol 4

Commercial 13-15 Steele Street Clements & Marshall

Vol 105205 Fol 1 House 69-71 Steele Street

Vol 221996 Fol 3 House 43 Steele Street

Vol 134424 Fol 1

Vol 9 Fol 8577

Church 45A Steele Street Uniting Church & Hall


Education 57A Steele Street Devonport Primary School

Vol 105205 Fol 1 Shop/Comm. 69 Steele Street Shop






Vol 6629 Fol 1

Vol 11146 Fol 2

Vol 11146 Fol 3

Vol 11146 Fol 4

House 155 Steele Street Sillwood


Vol 221929 Fol 1 House 18 Stephen Street



Vol 240295 Fol 1

Vol 251724 Fol 14

Commercial 44-48 Stewart Street Wilson Bro. Building & Contractors

Vol 8983 Fol 1

Vol 8983 Fol 3

Church 59-61 Stewart Street Our Lady of Lourdes School


Vol 8983 Fol 5

Vol 8983 Fol 4

Vol 130467 Fol 1

Vol 199802 Fol 1 Commercial 27-29 Stewart Street

Vol 249351 Fol 1 Church 45-47 Stewart Street Old Baptist Church

Vol 80378 Fol 1 Commercial 2 Stewart Street Bank of Van Diemans Land

Vol 6119 Fol 1 Commercial 5 Stewart Street Cinema One

Vol. 67523 Fol.6 House 51 Stewart Street

Vol. 67523 Fol.5 House 53 Stewart Street

Vol 230130 Fol 1 House 54 Stewart Street

Vol. 67523 Fol. 4 House 55 Stewart Street

Vol. 67523 Fol. 2 & 3. House 57 Stewart Street


House 66 Stewart Street


Vol 20719 Fol 32 House 70 Stewart Street Ruahine


Vol 39667 Fol 1 House 74 Stewart Street “Yasma” of “Newcassell”





Vol 245096 Fol 1, Cemetery 44 Lawrence Drive Cemetery –

Cemetery Stony Rise Road St Olave’s Burial Ground

Vol 235509 Fol 1

Vol 225932 Fol 1

Vol 211096 Fol 1

Vol 224861 Fol 1

Vol 48 Fol 3264

Vol 66608 Fol 1

House 131-135 Stony Rise Road

Vol 72453 Fol 4 House 11 Stony Rise Road Coach House

No related land House 75 Stony Rise Road 73-75 Stony Rise Road

No related land House 141 Stony Rise Road

Vol 124726 Fol 2

Vol 124726 Fol 1

Church 200 Stony Rise Road St Olave’s Anglican Church

Vol 5005 Fol 2 House 30 Tarleton Street




Vol 74479 Fol 2 House 201 Tarleton Street Osterley

Vol 13485 Fol 13 House 3 Tasman Street





School 19-21 Thomas Street East Devonport Primary School

Vol 60283 Fol 2 Comm/House 28-28A Thomas Street Shop and Residence

Vol 103917 Fol 5 Hotel 4 Thomas Street Edgewater Hotel

Vol 219896 Fol 1 Comm/House 13 Thomas Street Torquay Post Office

Vol 7433 Fol 2 Church 15 Thomas Street St Paul’s Anglican Church

Vol 204536 Fol 1 House 32 Thomas Street

Vol 7200 Fol 1 House 96 Torquay Road Mount Osborne

Vol 122289 Fol 1 House 35 Turton Street Goyai

Vol 25542 Fol 1 House 36 Turton Street

Monument Victoria Parade Vietnam War Memorial

Wall Victoria Parade Stone Wall

Monument Victoria Parade Cenotaph

Vol 59634 Fol 2

Vol 59634 Fol 1

House 27-28 Victoria Parade

Vol 213889 Fol 7 Fire Station 5 Victoria Parade Devonport Fire Station

Vol 18279 Fol 1 House 10 Victoria Parade

Vol 209414 Fol 1

Vol 30519 Fol 1

House 11 Victoria Parade Warrabindah


Vol 102738 Fol 3 House 16 Victoria Parade Ninevah



Vol 39470 Fol 1 House 21 Victoria Parade Tynemouth




Vol 35815 Fol 2 House 26 Victoria Parade Moorcourt



Vol 64728 Fol 51 House 7 Warkworth Court Warkworth House and Barn

Church Waverley Road Presbyterian Church

House Waverley Road Strathdon

House Waverley Road Cummings Raymond &


Co – saw millers workers cottages

House Waverley Road Workers Houses

House Waverley Road Cummings Raymond &

Co – saw millers workers cottages

Vol 135486 Fol 2 House/comm. 15 Waverley Road “Don Bank” Nikols former ‘Junction Store’

Vol 29905 Fol 2, House 51 Waverley Road

Vol 227394 Fol 1 Police, Post 119 Waverley Road Former Police Station & Post

Vol 252182 Fol 1 House 146 Waverley Road

Vol 88585 Fol 10 House 40 Wenvoe Street

Vol 63433 Fol 1 House 44 Wenvoe Street Anthon’s Cottage


Vol 108339 Fol 1 House 46 Wenvoe Street Maryville

Vol 28881 Fol 4 House 50 Wenvoe Street Thos Ockerbys House


Vol 55076 Fol 50 House 66 Wenvoe Street Rosalie Cottage



School 121-137 William Street Devonport High School

Vol 232375 Fol 1 House 117 William Street

Vol 135272 Fol 1 Education 119 William Street Devonport Technical College




Vol 107985 Fol 1 House 204 William Street Farmhouse


Vol 131936 Fol 1 House 22 Wright Street Riverview

Vol 35982 Fol 1 House 26 Wright Street “Fernvilla”

Vol 23588 Fol 1 House 32 Wright Street “Rosevilla”

Vol 228218 Fol 1 House 64 Wright Street


Vol 200618 Fol 1 Church 71 Wright Street Methodist Parsonage “The Old



House 109 Wright Street



LANDSCAPE LIST

Devonport & Environs Heritage Study - Landscaping

Volume & Folio Item Type Street & Number Name

Landscape 144 Melrose/Buster Road Cupressus macrocarpaTree Row

Hedgerow 55 John Street Cupressus macracarpa Tree Rows

Hedgerow 94 Torquay Road Cupressus macracarpa Tree Rows

Landscape Cnr Mary & Neely Street Cupressus macracarpa Plantings

Hedgerow Don Heads Road Cupressus macracarpa

Elm Copes Don Heads Road Copes of Elm Trees

Landscaping Finlaysons Way Tree

Trees Formby Road Tilia Cordata (lime trees)

Hedgerow Lodder Road Cupressus macracarpa

Landscape Melrose Road Former School Site

Landscape near Duncans Road Abandoned tram tracks

Payne Avenue Bunyah Pine

Landscaping Sorell Street St Brendan’s Shaw College

Landscape Teatree Lane

Row Victoria Parade Ulmus Procera (Elms)

Trees Victoria Parade Norfolk Island Pines

Landscaping Woodrising Avenue Stands of Trees lining driveway

Hedgerows/plant Woodrising Avenue Woodrising Private Golf Course

Hedgerows Woodrising Avenue Cupressus macracarpa


SCHEDULE 6

6.0 HERITAGE AREAS AND CHARACTER STATEMENTS FOR HERITAGE AREAS

WENVOE - HILLER STREET HERITAGE AREA

The Wenvoe - Hiller Street Heritage Area is the major surviving heritage housing area of Devonport and is of very high heritage significance. It is the largest Heritage Area in Devonport and comprises two attached historical areas, the former Wenvoe Estate and the extension of Wenvoe St to the south. Apart from Wenvoe St, which follows the alignment of Formby Road, the area is laid out in a tight grid pattern with narrow streets in an east-west and north-south orientation.

The Heritage Area contains a number of major houses, generally on larger lots, and some of the best examples of c1900 housing in Devonport. More importantly, there is an extremely high consistency in the housing with the large majority of buildings having heritage value, a smaller number of some value, and only a few sites that are non-compatible with the character of the Heritage Area.

The more substantial houses are located in the north-south streets of Hiller, Macfie and Wenvoe Streets, with more modest houses in the cross streets. The streets to the west of Hiller Street have smaller houses with generally narrower blocks.

The extent of the sub-division of this area is distinct with the south boundary of Henry Street and the north boundary at Steele Street clearly defining the housing of the late nineteenth century and early twentieth century. This contrasts to the streets directly to the south, which are of predominantly mid twentieth century development.


Wenvoe Street is the main street through the area and it now terminates at the Devonport bypass. The street rises to the west from Steele Street through an industrial area with the first residential buildings near Turton Street. As the street steeply rises a group of very fine houses are located on the slopes with good views and aspect to the northeast. At the southern end of the street are a group of houses and cottages extending into Elizabeth Street, a number of which were relocated from Zeehan. The street contains a wide range of buildings of value and a number of major properties.

Macfie Street has also been impacted by industrial development at its northern end. As the street rises steeply heading west to Turton Street a group of interesting two storey timber buildings are located on the high side with an early house at No 27. The hill is topped by No 44, a substantial two storey brick house. It is distinctive, as it is the most imposing building in the area with extensive views to the river and Bass Strait. Another significant house is at No 47 again taking advantage of the extensive views.

Hiller Street is located on the ridge and is comparatively level. However houses on the eastern side are set down with the western houses set slightly above street level. The block between Steele and Turton Streets contains the finest group of buildings in the Heritage Area with examples of various styles and fine decorative treatments. This area forms the core of the Heritage Area.

As noted the streets oriented east-west generally have smaller scale buildings. Harold Street was a late subdivision from the lands around Pebble Lodge and contains a high consistency of buildings, a number of which are now altered and have non-characteristic fencing styles. While the street is wider than the other cross streets, the buildings are modest and representative of the wider development of early Devonport.

Archer Street contains several unusual and fine buildings that are Heritage Items from several periods and a good collection of contributory buildings. It is a narrower street that typifies the pattern of early sub-division and development of the ridge area.


Turton Street has a very high consistency of contributory buildings that make up the basic housing stock of the area.

Henry Street is an example of a more modest sub-division with small lot sizes and good consistent housing stock. The corner of Henry and Hiller Street contains the only unit development in the area - this is excluded from the Heritage Area.

Smith St is the least coherent street containing a small number of contributory buildings. The other houses are however good examples of later development and provide a good setting for the more significant buildings.

The key characteristics of this Heritage Area are:

• its consistent building form and scale;

• the contrasts between larger properties in the north-south streets and the more regular rows of smaller houses in the east-west cross streets;

• the regular relationship of most houses to the street frontage; and

• the predominant late 19th C and early 20th C style of the buildings.


WEN

VOE

STR

EET

SMITH ST.

CRT

DR

AKE

HIL

LER

STR

EET

WISE CRT

ASHBURNER

ELIZABETH STREET

FOR

BES

STR

EET

HIL

LER

YO

RK

HENRY ST.

FOR

BES

STR

EET

STREETST

REE

T

TURTON

HILLTOP

FRANKLIN

STR

EET

STREET

STREET

WEN

VOE

FOR

MBY

STREET

MA

CFI

E

STR

EET

AVENUE

FOR

MB

Y

RO

AD

ARCHER ST.

HAROLD ST.

SYMBISTER ST

SUM

BER

G

STR

EET

STR

EET

STR

EET

HAM

ILTO

N

STEELE

HIL

LER

KING ST.

STREET

STR

EET

ARCHER ST.

SYMBISTER ST

SUM

BER

G

STR

EET

STR

EET

HAM

ILTO

N

STEELE

STREET

STR

EET

DR

AKE

HIL

LER

ELIZABETH STREET

FOR

BES

STR

EET

YO

RK

FOR

MBY

34 3245 43 1/452/45

12 - 10

9

1214

7173

58

40 38A 74

42

83

32

37

23

30

10

9593

97

86

4

2

35

7

6668

70

7981

83

7274

6462 53

51

8587

36 34

3456

7 89

4143454739

32343638

252729

3 1

60

2468 5856

56A

4947

5

333537

7072

68

6971

30 28 26

6264

66

12

10

3335

5860

2224262830

1721 19

2824

20

25272931

2226

9088

86A

86

6567

5254

56

4951

5353

A55

5759

6163

151719

141820

74

15

7678

8082

8179

7775

20

16

8484

A

47

48

23 21

50

6062

1214

3/45

82 16

717678

80

7775

58

2

7 - 5911

13

6264

6668

7072

24681012

1357911

6769

810121416

67

13 11

74

15

11A

5557

5961

6365

7173

757778

7674

7270

5153

566 - 4

51

5254

4547

49

54A

1/53

2/53

57

2825

- 27

222

17 -

1829

- 30

3231

6

13

14

15

1618

1

2

7

15

2

24

68

1012

2014

14

4/32

3/36

56

43

2/42

B

1/112/11

13

36

39

17

20

15

3

52

15

40 38

43 41

20 18 16

2923 21 19

45

57911

5450

- 48

4341

3937

3533

3129

2523

2/3 1/3

2/54

A

1/54

A

15-1

32418

16 24 22

17

18 - 16

357911

81012

1917

2826

3/114/11

1/6

2/6

30 -

46

11 9 7 5

12 10 8 6

34 32 30 28 26

37

14 12 10 8 6 4

15 13 11579

7 5

14

13

18 16 14 12 10

9

1820

2224

3032

3

4

24

21

35

3634

46-4

4

3739

41

2325

27

19 17 15

27

28 -

26

18

1/29

2/31

6 4 86

3

1214

16

1921

2

1715

1311

9

1

35 33 31 29

8-710-9

5-6

1-2

3-4

61

22

1412

108

6

7

4 3

28

21

67-65

26 24

15171911

1315

35

12

85 83 81

35

9

77 75 73 71 69

2 2A1/4

2/4

3/4

104

20 18 16 1410

791113

57 - 53 51 49 47 4545A

6

15

4

8

3

2

7

3/50

1/50

12-1

0 23

57 -

58

38 -

4037

46-4

7

2729

1311 9

7

4850

5254

4446

4850

4745

A45

39 14

44A

42

4036

37- 3

543

41-3

9

42

33

2434

38-3

6

23 -

1925

22 -

20

3432

3028

26-2

422

20

29

16-1

4

39A

27-2

5

3135

42A

1/42

B40

4135

3444

-45

4342

5651

5048

-49

23-21

35373941

3840-4

2

1

18

1923

33

18

31 - 27

2/50

15 - 13

2628

25

6 -

8

12-14

10

830

-32

9 7 5 3

19 - 15

65

10 - 6

10010

7

115

117

111

113

109

108

9088

8684

82 -

80

104

83 -

7775

102

45A

47

103

105

47A

47B

101

4999

78

4345

3941

73

35 - 3337

29

3438 - 36

76 32 30 28 26 24

117

9499

100

105

87

102

84

103

86

101

82

8583

98

81

96

3/93

951/

93

2/93

6

109

91

8

8987

8690

881418 16

252723 21 1719

92

101268

80

22 20

79

9

4 2

1213

79

1415

WENVOE /HILLER STREET HERITAGE AREA


STEWART STREET HERITAGE AREA

Of particular value are the surviving fine residential houses and civic buildings in Stewart Street, these buildings demonstrate the earliest development of the city and their conservation as a group is of importance. The extensive use of timber in the residential development is a key theme that provides part of Devonport’s character and reflects the importance of timber getting in the early development of the area.

RENISON

BEST STREET

FEN

TON

PAYNEFE

NTO

N

STEELE

CRT

STREETSTEWART

STR

EE

T

GR

IFFI

TH

ST.

NEWTON ST.

AVE.

STREET

BEST STREET

ED

WA

RD

ST.

72

64

7

8 3133

3537

89 87

3840

1/36

2/36

3/36

39 93 91

78808284868890

76 74

69

4444

A44

C

7377

108110

112114116

4345

4749

51

4648

5052

55

106

61 58

72 70

1/54

5957

53A

99101103105

4/53

3/53

2/53

1/53

5/53

1A

1/75

2/75

3/75

4/755/75

6/75

4/44B

3/44B

2/44B

1/44B

1/44D

2/44D

3/44D4/44D

1/712/71

3/71

4/71

1/79

134

87 85 83

112 108 69

106 102100

81 - 79 77 75 73

6567

71

96 - 8698

64 3

67-65 61

85 83 81

35

77 75 73 71 69

57 - 53 513/44

61 - 5963

67

104 102848688

92

767882

7

10

11

74

1 3

5

4 6

47A

57A

61A

901/94-962/94-96

3/94-96 4/94-96

1/51A

2/51A

3/51A

69 67 65 63

84 82

45 4347

68

59

49515355

61

80 - 70

1/572/573/57

1/45A

2/45A

33A

65

5

70

8

8

49 47 4545A

3840-4

2

1

2

2/503/50

7

1/50

57 55 53 51 49 47-45

68

64 62 60 - 58 54

27

11

17

10

99A

9B11 22

20

66

3

39 - 37

68

4

12 1416

18

41

6

14 -

16

52 - 44

6

5

1315

3

10

48 - 40

56

17 -

1929

27

586062

21

8

9

57A

5

24

STEWART STREET HERITAGE AREA


FORMBY ROAD HERITAGE AREA

The Formby Road Heritage Area is a linear collection of commercial and industrial buildings fronting Formby Road that originally fronted the docks. While the southern section of Formby Road has suffered from demolition and neglect, the blocks approaching the business centre retain a tightly integrated collection of buildings ranging from the 1880s to the 1960s with some of the finest examples of commercial building in Devonport.

The relationship of this group of buildings to the wharves, silos and sheds opposite is a striking reminder of the working port and the historical foundation of Devonport. The buildings, as a harmonious and continuous group, provide a gateway opportunity to the approach of Devonport.

This group of structures has potential to provide a striking and innovative precinct along the waterfront that extends and enhances the business district of Devonport. It the collection of buildings in a continuous streetscape that provides the major built significance to this streetscape.

WENV

OE

STR

EET

FORM

BY

R

OAD

TURTON STREET7

4440

36

37- 3

5

42

33

2434

22 - 2

0

29

16-14 12

-10

38 - 4

041

3746

-4744

-4543

42

23

57 - 58

56

5150

48-49

27-25

8

FORMBY ROAD HERITAGE AREA


VICTORIA PARADE HERITAGE AREA Victoria Parade is the most prestigious residential district in Devonport. The overall quality, design and setting of houses along the waterfront clearly demarks this group from all other housing areas in the City. While there are many individual fine houses and several small precincts of fine houses in Devonport, Victoria Parade historically and today provides a snapshot of the height of Devonport’s development and style. There are a number of exceptionally fine houses ranging from the 1880 period through to the post war period in the group and a high number of Heritage Items. Their good design, use of materials, fine settings and the overall harmony of the area distinguish the precinct.

A number of buildings have been altered, most are recoverable, but the overall integrity of the buildings is high.

The area has not suffered from extensive sub-division although several cluster housing developments have affected one or two properties. Of interest is the layer of development immediately behind Victoria Parade which while also good quality housing stock is not as distinguished as the houses fronting the water.

Also part of the Heritage Area is the waterfront reserve and park in which are located the Cenotaph and the archaeological sites of the former shipyards. The waterfront park provides a fine setting for the area.

The area contains a large number of heritage items, but it is also the whole setting; the gardens, the waterfront reserve and the general intactness that provides the heritage value of the area.


GEORGE STREET

NICHOLLS STREET

VICT

ORI

A

PAR

ADE

VIC

TOR

IA

PAR

ADE

WAL

POLE

PL

2/61/

6

6/1-

3

5/1-

3

4/1-

33/

1-3

2/1-

3

1/1-

3

19

5/196/

197/198/19

9/19

10/1

9

12/1

9

5/964/96

4

2728

1/8

2

7

5

13579111315

2324

2526

29

2A 246

8101214

13

5791113

2221

20

4/19

3/19

2/19

1/19

4/17

3/17

2/17

1/175/17

6/177/178/17

10/1

79/

17

9/8A8/8A7/8A

6/8A5/8A4/8A3/8A

2/8A

1/8A

12

14-1

5

9

18

10

16A

16246810

57911

13

11

4

1/15

3/96

16

30

LOWER MADDEN STREET

VICTORIA PARADE HERITAGE AREA


NICHOLLS STREET HERITAGE AREA

This heritage area abuts the back of the Victoria Parade precinct and extends into North Fenton Street. It contains a very good group of dwellings with several heritage items and a number of contributory buildings. There is a predominance of timber buildings and only one intrusive element seen in a more recent sub-division for cluster houses.

Of particular interest is the mix of housing styles from a group of larger houses in North Fenton Street sitting on a slight rise with a mix of smaller cottages and larger houses in Nichols Street.

NICHOLLS STREETW

ALP

OLE

PL

NO

RT

H F

EN

TO

N S

TR

EE

T9275

94

98

100 17

77

79

81

83

85

25 23-21 19

161/1

04

106

108

87A

22 - 20

1/9

6

2/9

6

3/9

6

1/15

2/15

3/15

4/15

1/18

2/18

2/1

04

1/8A

2/8A

3/8A 4/8A 5/8A 6/8A

7/8A8/8A9/8A

9/1

710/1

7

8/1

77/1

76/1

75/1

7

1/1

9

2/1

93/1

94/1

913 11 9 7 5

31

14 12 10 86 4 2A

5

24

4/9

6

5/9

6 12/1

910/1

9

9/1

9

8/1

9

7/1

9

6/1

9

5/1

9

19

1/1

-3

2/1

-3

3/1

-34/1

-3

5/1

-3

6/1

-3

1/6

2/6


NORTH FENTON/ARTHUR STREET HERITAGE AREA

This small Heritage Area is adjacent to the Nicholls Street Heritage Area but varies from it considerably in scale and form of housing. It is separated from the Nicholls St area by the railway line and the precinct of North Fenton, Arthur, Lower Madden and Montague Streets is an enclave of small-scale workers cottages centered on the very narrow Arthur Street. While narrow streets are seen in some parts of Devonport this group of cottages is unusual and appears to relate to the railway and showground adjacent.

The cottages are distinctive for their simplicity and scale that contrast with the established larger housing across the railway line.

There are only two Heritage items in the precinct. One is a former railway house on a corner lot immediately adjacent to the tracks, which is an excellent and rare example of railway building in Devonport. Most of the group are contributory buildings that complete the precinct. There are several intrusive cluster housing developments on the east side of North Fenton Street and a vacant lot at No 82.

* clxxxviii AM 2008/06 – 23rd March 2010 – above map


RONALD STREET HERITAGE AREA

The Ronald Street heritage area contains a number of very fine residences that epitomise the development of Devonport around 1900 through to the 1920s with a number of 1960 period homes adding to the interest of the street. The street, with Steele Street, is located on a small rise above the flatter land towards the city centre providing views over the city and lower suburbs to the river and sea. The area was obviously developed because of its elevated status. The unifying feature is the quality of development along the spine of the ridge as seen in the location of the heritage items.

The area also demonstrates later patterns of sub-division with the early large lot boundaries clearly evident and sub-division to form Cocker Place in the 1950s and 1960s breaking the pattern of development and introducing two well designed post war houses into the group.

The street features mature and well-designed gardens, buildings oriented to the view and away from the street on the east side of the street and a well planted streetscape.

The houses in Best Street, while not of individual heritage value, are included in the heritage area as they are a very consistent group of later houses demonstrating a post world war two sub-division with well laid out gardens and grounds.


BRO

ADH

UR

ST

AVE.

PELI

ON

PL.

RO

NAL

D

S

TREE

T

STEELE STREET

COCKER PL.

BEST STREET

VIC

TOR

Y

AV

10A

2 1

2826

3129

27

25

162164166168170172174

117119121123125127129

154156158160

115

21

107-105109111113

18

16A

1614

1917

15

1514

1312

11

12345

4

2/2

1/2

3

1

2

155

1

3

2

1/140

2/140

3/140

4/140

5/6A4/6A

3/6A2/6A

1/6A

4/138

3/138

2/138

1/138

136-134

34

12

610

8

139

75

1

567

146

144148

150152

42

31

165

163

161 161A 159

157

149-147

24

6

3/80 2/8096

90

78

810

53

1

64

2

31

152

103

95

9395A9799101

142144146148150

7 8

9

66/130

5/1304/130

3/130

2/130

1/130

10

11

132

1

1/120A

2/120A

3/120A

4/120A

128 124

126

122

141

120

143145

57

139 137

911

5

94

151

151A

3/88 2/88

RONALD STREET HERITAGE AREA


STEELE STREET HERITAGE AREA

This small area is located close to Wenvoe Street Heritage Area and in many respects is similar in character. The principal streetscape is Steele Street which contains a number of fine early residences; the whole street frontage comprising Heritage or Contributory Items. The area extends into Gunn Street, which also contains a fine group of buildings from a range of periods on its western side. Of particular interest is No 39 Gunn Street, a modernist house that is somewhat out of context but a fine example of its period. The area also includes Sumberg Street. This is an unpretentious streetscape with several good examples on the corners of Tasman and Symbister Streets and the balance of the street providing a typical intact early twentieth century development. While the balance of housing in this area is not highly distinctive, collectively it provides a very fine streetscape of consistent elements.

TASMAN STREET

GUNN

S

TREE

T

SYMBISTER ST

SUMB

ERG

STRE

ET

STEELE STREET

GUNN

S

TREE

T

SUMB

ERG

STRE

ETSTEWART

TASMAN STREET

101103 99

39

43

93

40

91 89 87 85 83 81 77 75 73 71 69

4

3735

3333A

3129

2725

23212224

20A

2022

2/26

2830

1/32

1/36

382/3

23/3

2

4/32

3/362/36

410

1214

1618

20

141618

1/26

12

15

10 8

1311

95

3

3/4

2/4

1/4 2 2A

108

6

5 3

14

2/6

1/6

2418

16

18

15

15

14 11 9 7 5 3 262812

1113

161413

151725

767880828486

5/75 4/71

6/75 3/71

2/71

1/7173

4749

45

44

74 72 70

44A

1719

12

91210

119

8

57

108

7

15-13


DAVID STREET HERITAGE AREA

This Heritage Area is based around five major houses located on the ridge overlooking East Devonport and across the river to Devonport. The development of East Devonport saw smaller modest housing developed along the waterfront (much now demolished with Port development and river widening) with more substantial housing on larger lots on the hillside and hilltop. The corner of David and Stephen Streets is the centre of this development and the top of the ridge.

The key properties are Cliffden (100 David St), Fairmount (104 David St), Mt Pleasant (107 David St) and 112 David St. They are amongst the finest houses in Devonport with Mt Pleasant being the most significant residence in Devonport. Despite subdivision of several of these key properties they retain their prominence and overall setting and are a key visual element in the landscape viewed from central Devonport. In particular Fairmount is a landmark building on the hillside. The area also contains a number of more modest but very good residential buildings that are identified as Heritage Items. The other buildings in the area provide a good contextual setting with the group on the corner of Tarleton St and Stephen Street being contributory buildings.

The streetscape of Stephen St is of particular value for its mix of small timber workers cottages and large established properties. This section of the street demonstrates graphically the range of housing developed in East Devonport and its historic status as a desirable place to live.

It is important for the retention of heritage significance in this area that any future infill or new development should be of appropriate scale and design so that it does not detract from the identified buildings and that new buildings should enhance the strong visual amenity of the area. It is also important that the larger sites not be sub-divided with the loss of mature and significant gardens. Where further development is possible, for example on the corner of David and Stephen Streets, strict controls on siting, massing, driveways and garages and streetscape issues should be provided to ensure that the infill building enhances the present very high visual value of the area.


DOUGLAS STREET

DA

VID

S

TR

EE

T

TA

RLE

TO

N

STR

EE

T

STEPHEN STREET

MURRAY STREET

28

1/120

67

30

555351

60

58

56

57

62

7072

7880

474543

363432

3026

82

84

393741

86

11

403836

3735 89

9193

92

4947454341

107

42A

94A

108A

137A

104A

2/1351/135

129

127

111

115

104

104A

5048

4642-44

5452

107

105

101

9997

115

117

119

104

106

108

110

26

113

9496

100

102

2927

222018

117

119

121

123

106

108

110

125

13111

211

4

1614

25

23

133

13711

8 -

116

8/151-153

7/151-153

6/151-153

5/151-153

4/151-1533/151-153

2/151-1531/151-153 3/18

2/18

1/18

4/126-1328/126-1329/126-132

10/126-132

11/1

26-1

32

12/12

6-132

35

33

27 - 312523

21

114 12

1112

19171513

139

141

2/120

122

124

126 1614

149

- 145

155

116

118

124

- 12

0

987

6

24222012

312

512

712

9

10

157

34

12

21

DAVID STREET HERITAGE AREA


THOMAS STREET HERITAGE AREA

Thomas Street Heritage Area includes the western side of Wright Street and parts of Church and Drew Streets. It contains a very fine collection of residential buildings that are grouped along and around Thomas and Wright Streets. The focus of the area is the park, St Paul’s Church and the Pioneers cemetery. The area contains the most intact surviving group of early buildings in East Devonport. It is of particular value as the whole streetscape of Thomas Street and the park enhances the Heritage Items that are located there. The consistent setting and form of the residential buildings with the strongly defined corners with commercial, civic and early, very significant, residential buildings gives the area a completeness and integrity not found elsewhere in East Devonport. The buildings also represent a range of building styles and periods from early development to the later more typical brick residence/shop on the corner of Wright and Thomas Streets.

The area is also of interest for the mix of residential and commercial buildings and the adaptation of residences to allow commercial use. Thomas Street falls to the river, running east west and provides a strong vista across the river to Devonport. The key features of this street are the park, the church and the residence on the corner of Thomas and Church Streets. The area is the only civic precinct in East Devonport and is the only location that has potential as a focus point for the area.

The two buildings in the Esplanade on the corner of Thomas Street are very significant early structures that typify the early development of East Devonport and with No 13, the former Torquay Post Office, form one of the best corner groups to survive.

Wright Street also contains a collection of fine houses. The group near the corner of Brooke Street, No’s 22, 26 and 32, are amongst the best examples of late Victorian timber residential building in Devonport. As a group on large original lots they make a high contribution to the area. No’s 64 and 66 are good representative examples of the later, more modest, housing that typifies development in the area. Wright Street is one of the main streets in East Devonport, extending the full length of East Devonport and is largely flat. While several early and significant buildings survive along its length this area contains the most contiguous grouping of significant housing.


All of the other buildings provide a good context for the Heritage Area and there are no places of negative impact.

It is important for the retention of the heritage significance of the area for the existing buildings to be retained and owners encouraged to maintain and conserve their fabric.

Consideration should be given to establishing this area as the civic centre of East Devonport.

1B

1210642

13

24

61C

48 -

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THOMAS STREET HERITAGE AREA


THE DON / LILLICO STRAIT HERITAGE AREA

Devonport contains fine rural landscape and farms. Of outstanding significance is the Don landscape and the hedgerows that define the rural landscape. The Don Heads are viewed from many parts of Devonport, from the highway both descending to Lillico Beach from the east and approaching Devonport from the west. It is also overviewed from parts of Devonport’s residential areas. It is a landmark landscape within the region.

The broad landscape of Devonport is marked by intense agricultural contrasts with treed valleys and hilltops and dramatic stands of Cupressus Macrocarpa and other hedgerow plantings marking boundaries and fields.

Perhaps the most significant industrial element of the city is the railway with its surviving infrastructure and adjacent commercial buildings. The tracks bisect the city and adjacent suburbs with a spectacular section of track work that crosses streets, winds along the coast and meets the Don Railway at the Don Heads in one of the very spectacular landscapes around the city.

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SCHEDULE 7

7.0 TELECOMMUNICATIONS INFRASTRUCTURE SCHEDULE

1. PRINCIPLES

i. To accommodate the provision of telecommunications infrastructure to allow equitable access by all residents, whilst minimising the impact of such infrastructure on community values in accordance with the objectives of the Resource Management and Planning System.

ii. To encourage co-location and sharing of facilities, where such capacity exists, and where doing so will not compromise the objectives as stated in Appendix 1.

iii. To ensure proposals for the installation of telecommunications infrastructure form part of a local or regional network plan to enable consideration of the proposal on a broader and potentially regional basis.

2. USE OR DEVELOPMENT

i. Any development in compliance with Section 3 of this Schedule is deemed to be exempt and does not require planning approval.

ii. All other development requires planning approval and is required to demonstrate compliance with the objectives as specified in Appendix 1 of this Schedule and to which the provisions of section 57 of the Land Use Planning & Approvals Act 1993 apply.

2.1. Relationship To The Scheme

To the extent that any statement contained in this Schedule is inconsistent with any other provision of this Scheme the provisions of the Schedule shall apply in relation to telecommunications infrastructure.

2.2 Matters For Consideration

In determining any application for issue of a planning permit, the planning authority must be satisfied the proposal has demonstrated that the objectives and performance criteria in Appendix I will be achieved during the installation and operation of the proposed telecommunications infrastructure.


2.3. Definitions

Areas of environmental significance are as defined in Telecommunications(Low-impact Facilities) Determination 1997.

Infrastructure development means, in relation to telecommunications infrastructure, the planning, design, construction, maintenance and use of telecommunications infrastructure.

Line means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or for use, as a continuous artificial guide for, or in connection with, carrying communications by means of guided electromagnetic energy. (This adopts the Telecommunications Act 1997 definition).

Low Impact Facilities

i. A facility described in Part 3 and the Schedule of the Telecommunications (Low-impact Facilities) Determination 1997, is a low-impact facility only if it is installed, or to be installed, in the areas described in Part 2 of the Telecommunications (Low-impact Facilities) Determination 1997.

ii. However, the facility is not a low-impact facility if the area is also an area of environmental significance.

Performance criteria are statements identifying the means of achieving the stated objectives.

Telecommunications infrastructure means any part of the infrastructure of a telecommunications network and includes any line, equipment, apparatus, tower, antenna, tunnel, duct, hole, pit or other structure used, or for use, in or in connection with a telecommunications network.

Telecommunications network means a system, or series of systems, that carries or is capable of carrying communications by means of guided and/or unguided electromagnetic energy. (This adopts the Telecommunications Act 1997 definition).

Tower means a tower, pole, mast or similar structure used to supply a carriage service by means of Telecommunication.

To assist clarification of definitions arising from the implementation of this Schedule, reference is also to be made to the following Commonwealth Government documents:


• Getting the Message: Guidelines for the Management of Telecommunications Infrastructure June 1997.

• Telecommunications Code of Practice 1997 Telecommunications (Low-impact Facilities) Determination 1997.

3. EXEMPTIONS

The following development is exempt from requiring a planning permit:

i. the installation and development of low-impact facilities;

ii. works involved in the inspection of land by a carrier to identify suitability for its purposes;

iii. the installation and development of a facility granted a facility installation permit by the Australian Communication Authority;

iv. works involved in the maintenance of telecommunication facilities;

and

v. works meeting the transitional arrangements defined in Part 2 of Schedule 3 of the Telecommunications Act 1997

viclxxix

4. INFORMATION REQUIRED

the connection of a telecommunications line forming part of a telecommunications network to a building, structure, caravan or mobile home.

4.1 Application requirements

An application for a permit must be submitted to the Council. The application shall include the following:

(a) a completed application for development in a form prescribed by the Council;

(b) sufficient information to demonstrate to the satisfaction of the Council that the objectives and performance criteria in Appendix 1 will be achieved during the installation and operation of the proposed telecommunications infrastructure;

(c) a complete copy of the certificate of title of the land on which the development is proposed;

clxxix Amendment AM 2001/08 – 26 October, 2001


(d) where the applicant is not the owner, the application must be signed by the owner or be accompanied by an authorisation in writing from the owner for submission of the application;

(e) details of the proposed telecommunications network proposed within the local area and its relationship to the proposed development;

(f) any plans or other information prescribed for development in 4.2;

and

(g) any fees prescribed by the Council.

4.2. Plans To Accompany Applications

4.2.1 A site plan for the proposed development at a scale of not less than 1:200, which includes a north point and shows:

(a) the boundaries and dimensions of the site or the area affected by the development;

(b) the location of any existing buildings on the site indicating those to be retained or demolished;

(c) location of any proposed buildings on the site, and their relation-ship to buildings on adjacent sites, streets and accessways;

(d) the use of adjoining properties;

(e) Australian Height Datum Levels;

(f) natural drainage lines, watercourses, coastal dunes, beach systems and wetlands; and

(g) any proposals for the rehabilitation of the land on which the development is to occur.

4.2.2 A detailed layout plan with dimensions at a scale of not less than 1: 100 showing;

(a) plans and elevations of proposed and existing buildings showing the materials to be used on external walls and roofs;

(b) trees and vegetation to be retained and removed;

(c) the dimensions, layout and surfacing materials of all access roads, turning areas and parking areas;


(d) the relationship of the elevations to natural ground level, showing any proposed cut or fill;

(e) the location and capacity of any existing services or easements on the site or connected to the site; and

(f) a plan of the proposed landscaping of the site.

4.2.3 Where the Council is satisfied that any of the above information is not relevant to the assessment of the proposal, that information may be omitted from the application.

4.2.4 In accordance with section 54 of the Act, the Council may require the applicant to provide additional information including an Environmental Impact Report prepared in accordance with Appendix 2 of this Schedule, before it considers the application.

OBJECTIVES PERFORMANCE CRITERIA

visual amenity

To minimise any detrimental impact upon the visual amenity of a locality by reducing prominence of telecommunications infrastructure.

The location of infrastructure is within existing utility corridors and sites and uses existing infrastructure, unless a need to do otherwise is demonstrated.

Aerial telecommunication lines or additional supporting structures are erected and operated in residential and commercial areas only where overhead cables operated by other utilities are in existence.

Best practice methods are used to reduce the visual impact of infrastructure or to conceal infrastructure with the surrounding natural or built environment.

Clearing for infrastructure corridors and facilities is minimised to limit visible prominence while responding to functional and safety requirements.

Infrastructure:

• avoids skyline positions (ie. where a structure would be seen in silhouette);

• crosses hills diagonal to the principal slope or crosses at the low point of a saddle between hills; or

• is located around the base of hills or along the edge of existing clearings


unless a need to do otherwise is demonstrated.

Equipment housing and other visually intrusive infrastructure is screened or concealed from public areas.

The height of freestanding aerials, towers and masts is within the following limits:

• rural areas 60 metres

• industrial areas 45 metres

• commercial areas 40 metres

• residential areas 20 metres

Telecommunications infrastructure may only exceed specified height limits if:

• a pattern of infrastructure or vegetation above the specified height limit exists in a particular location; and

• it has no adverse impact on heritage or ecological values or visual amenity.

To protect important public views such as vistas to significant public buildings, streetscapes and heritage areas.

Telecommunications infrastructure does not intrude into identified important public views or measures are taken to minimise intrusion.

To avoid obstruction of private views from the building line/principal windows by telecommunication lines.

Placement of telecommunication lines avoids or minimises obstruction of private views.

Residential amenity

To protect residential amenity

Infrastructure servicing a network (facilities not requiring installation on an individual street basis) is not located in residential areas unless a need to do otherwise is demonstrated.

environmental values

To protect threatened species or species at risk of becoming a threatened species (as defined in the Threatened Species Protection Act 1995) and the habitats, ecological communities or places

The proposed infrastructure does not adversely impact on identified threatened species or species at risk of becoming a threatened species.


essential to their continuing existence.

To protect areas identified as having significant natural values.

The proposed infrastructure does not adversely affect areas identified as having significant natural values

To protect flora and fauna, habitats and ecological communities

The proposed infrastructure uses best practise environmental management to minimise harm to the environment.

land stability

To ensure that telecommunications

infrastructure does not cause land instability.

Telecommunications infrastructure (including specific access routes) does not cause erosion or cause land instability during installation and operation.

Telecommunications infrastructure is not located in areas of known unstable land where the risk is identified as unacceptable for development or installation or infrastructure.

agricultural land

To protect the productive capacity and efficient farming operations of agricultural land.

Infrastructure installation and operation does not degrade or restrict the productive capacity of agricultural land.

Infrastructure is placed on property boundaries or fence lines (not including road alignment boundaries).

heritage values

To protect items, places or areas identified as having aboriginal, natural, cultural, or maritime heritage significance.

Proposals for construction and operation of telecommunications infrastructure are approved by the Tasmanian Heritage Council in accordance with the requirements of the Historic Cultural Heritage Act 1995 and/or are consistent with recommendations by the Aboriginal Heritage Section of DELM.


access

To ensure that telecommunications infrastructure does not impede movement of vehicular and other modes of transport.

The location of aerial telecommunications infrastructure allows adequate clearance for vehicular traffic and will not pose a danger or encumbrance to other land users or aircraft

Table 1 Checklist for Environmental Impact Report by Carriers

Item: Comment

1. Type of Facility and location

2. Purpose and need for the proposed facility

3. Design.

• Location of the facility (antenna and ground installation).

• The need for the facility and its role within a network.

• The anticipated need for, and likely locations of, further installations to provide an overall appreciation of the impact.

• Liaison with other Carriers.

• The feasibility of co-location, etc.

• Siting options.

• Installation option.

• Design drawings of the facility: antenna(s), towers, ground installation, etc.

• Explain choice of structure.

• Details of adjacent landuses.

• Details of any adjacent structures.

• Details of access (roads, etc).

• Description of materials and finishes.

• Details of existing vegetation to be removed or damaged in the vicinity, including identification of any trees to be removed.

• Details of revegetation and site stabilisation.

• Arrangement for provision of power to site.

• Details of any external lighting.


4. Description of the physical environment and possible physical impacts.

5. EME

6. Visual Assessment

7. Social Issues (If appropriate)

8. Consultations

9. Conclusion and Recommendations

10. Plans

• Address potential impacts arising from the construction and maintenance of the facility, (eg. flora, fauna, noise, erosion and runoff control, construction of access and power supply, areas of special significance.

• Focus on aspects which are particular to the site.

• Details of measures to protect local environment (including flora and fauna) during construction (eg. erosion and runoff control, vehicle management, stockpiling and storage).

• Projected EME levels for proposed sites.

• Assessment of the impact of the proposal in visual terms. Refer to separate checklist.

• Discussion of community concerns.

• Impact on areas of special significance.

• Details of consultations with the land owners/occupants.

• Carriers must consult with owners before lodging application.

• Summary of the relevant issues.

• Alternative technical and design options.

• Alternative locations including co-masting options.

• Discussion of cumulative impacts.

• Recommend actions to mitigate or minimise impacts.

• Justification of the proposal.

• Conclusions.

• Location Plan.

• Site Plan/Landscape Plan.

• Design of facility (plan and elevations of antenna and ground installation).

Table 2 Visual Assessment Checklist

Context:

• The visual catchment of the site (and installation).

• The elements that go to make up the landscape or townscape context, including slope, cover, colour, vegetation or built environment, and


Siting:

Appearance:

Plans and Photos:

major features.

• The physical scale of the proposed telecommunication infrastructure.

• Presence of other antennas and vertical elements.

• Any special landscape value of the site.

• Cumulative impact of this and further antennas.

• Relationship to existing vegetation and the potential intrusiveness of the installation.

• Relationship to buildings/structures

• Height of the antenna in relation to the surrounding landform.

• Topographical features and natural vegetation.

• Impact on skyline or treeline.

• Distance from sensitive receptors.

• Materials (particularly relevant for ground installations).

• Colour.

• Reflectivity.

• Design.

• Height.

• Antenna type and bulk.

• Plant and room.

• Proposed landscape work

• A plan is to be prepared indicating the view shed of the antenna, the location of any key viewing points. The scale of the plan will depend on the extent of visual impact.


SCHEDULE 8

S8.0 VEGETATION MANAGEMENT

S8.1 INTENT

1. The intent of this Schedule is to protect and manage vegetation within the Planning Area.

S8.2 APPLICATION

1. This Schedule applies to all vegetation works whether undertaken as part of another use or development or in relation to vegetation alone.

2. This Schedule does not apply to trees or other vegetation listed as a Heritage Item under Schedule 4.

3. Council may require a person intending to undertake vegetation works to submit a report from an arborist or other suitably qualified person to demonstrate that vegetation works should be undertaken in a certain manner or are otherwise in accordance with this Schedule.

S8.3 INTERPRETATION

1. In this Schedule “vegetation works” means the removal, destruction or damage of any vegetation, including trees, by whatever means.

S8.4 PERMITS

1. Unless Clause S8.5.1 applies, vegetation works must not be undertaken without a permit, which Council may grant or refuse at its discretion subject to Clause 3.3.2.

2. An application for a permit for vegetation works which relates to;

(1) vegetation or vegetation communities listed by the

Department of Primary Industries, Water and Environment

pursuant to the Tasmanian Threatened Species Protection

Act 1995 as rare, vulnerable or endangered, or

(2) vegetation or vegetation communities which provide habitat

for any species so listed;

will not be considered by Council without the prior issue of a

permit under that Act.


S8.5 VEGETATION WORKS EXEMPT FROM THE REQUIREMENT FOR A PERMIT

1. A permit is not required for vegetation works undertaken;

(1) as ‘forest practices’ as defined under the Forest Practices Act

1985 within State Forests and Private Timber Reserves;

(2) for the reduction of fire hazard under the Local Government

Act 1993 or the Fire Service Act 1979;

(3) for the construction or maintenance of buildings where the

vegetation is within 2m of an approved building or approved

building envelope;

(4) for the general maintenance of a park or garden;

(5) for providing clear access along existing or approved tracks,

driveways or roads as provided for under the Planning

Scheme;

(6) as the harvesting of crops;

(7) for the removal of environmental weeds under the Weed

Management Act 1999;

(8) for the conservation or rehabilitation of land, soil or water,

including Landcare, Rivercare or similar programs;

(9) within the Closed Residential zone;

(10) for the creation and maintenance of the appropriate

Protective Features (Building Protection Zone and Fuel

Modified Buffer Zone) for a building used as a residence or

workplace; where ‘Protective Features’ has the meaning

given in the Tasmanian Fire Service publication Planning

Conditions and Guidelines for Subdivisions in Bushfire Prone

Areas 1995.

S8.6 INFORMATION WITH APPLICATIONS

1. An application under this Schedule is to provide the following information:

(1) a site plan of an appropriate scale, that:

a) defines areas to be altered or developed (in m2);

b) identifies watercourses; and


c) identifies vegetation types and their location;

(2) the proposed method of the works; (3) demonstrate the extent and significance of impacts likely to

be caused to environmental, intrinsic and cultural values; (4) the intended use of the subject land; (5) the timeframe in which activities are to occur.

S8.7 ASSESSMENT AND DETERMINATION

1. In its determination of an application under this Schedule, the Council must consider the following matters:

(1) the significance, quality and extent of vegetation to be

removed;

(2) the potential for erosion, instability, land slip or salinisation;

(3) the protection of surface waters, including coastal waters,

and groundwater;

(4) any environmental audit or other relevant study undertaken

by or for Council;

(5) Council’s Fire Management Plans;

(6) amenity value and visual significance;

(7) the availability of vegetation corridors to facilitate the

movement of native animals and the protection of areas of

particular habitat significance;

(8) the public interest;

(9) the ‘precautionary principle’ as defined under the State

Coastal Policy 1996.


SCHEDULE 9

S9.0 clxxx

S9.1 INTENT

STONY RISE ROAD STRATEGIC ROAD NETWORK PLAN

1. The intent of this Schedule is to integrate road and land use planning for Stony Rise Road and the adjacent land so as to balance transport requirements with land use and development.

S9.2 OBJECTIVES

S10.2.1 The Objectives of this Schedule are:

(1) to ensure that subdivision and other development will not jeopardise the safety of Stony Rise Road or its function as a major arterial road and B-Double Route;

(2) to ensure that infrastructure services and the road network for the lands adjacent to Stony Rise Road are provided in a efficient and cost effective way;

(3) to enable the land to be used and developed to its full potential

(4) to provide as much certainty as possible in relation to access requirements and infrastructure provision;

(5) to ensure that use and development land is fair and orderly. S9.3 INTERPRETATION

1. In this Schedule, terms have the following meanings:

“determined road reserve” means a road reserve, as depicted on the Strategic Road Network Plan, showing the intended location for: 1. a subdivision road providing

access from a specified access point to adjacent land; or

2. a road linkage between adjacent parcels of land.

“DIER” means the Department of Infrastructure Energy and Resources.

“indicative road reserve” means a road reserve, as depicted on the Strategic Road Network Plan, having indicative suitability as:

clxxx Amendment AM 2005/01 – 27 May 2005


1. a subdivision road providing access from a specified access point to adjacent land, or

2. a link between adjacent parcels of land.

“specified road section” means the section of Stony Rise Road between the junctions of Durkins and Tugrah Road.

“specified access point” means an additional new access point to Stony Rise Road, as shown on the Strategic Road Network Plan.

“Strategic Road Network Plan”

means the plan attached to this Schedule.

S9.4 APPLICATION

1. The provisions of this Schedule prevail over any other provision of the Planning Scheme to the extent of any inconsistency.

2. All use and development of land adjacent to the specified road section that has the potential to generate vehicular movements to that road must comply with the relevant requirements of this Schedule.

S9.5 ACCESS POINTS TO STONY RISE ROAD

1. Vehicular access to the specified road section must be made at a specified access point as shown on the Strategic Road Network Plan.

2. The access required under Clause S9.5.1 may only be varied where agreement has been reached with both Council and DIER prior to the lodgement of an application for a permit.

3. Where an access point in compliance with clause S9.5.1 cannot be achieved in the short term, temporary access by another access point will be considered.

4. A temporary access point may only be approved where agreed to by DIER and in accordance with any requirements of DIER.

5. Where a temporary is required, the application must -

(1) demonstrate how permanent access via a specified access point will in due course be achieved;


(2) incorporate a layout for further subdivision and development based on the specified access point which allows the development potential of the land to be realised to an acceptable degree.

6. Where a temporary access point is approved, the use and development to which the application relates is conditional upon an Agreement under Part 5 of the Act being entered into with the planning authority, under which the terms of temporary access are set out.

7. The terms of an Agreement under clause S9.5.6 is to include a requirement that no development or use will be undertaken that would prejudice the future attainment of access at a specified access point or prevent the development potential of the land from being realised.

S9.6 DETERMINATION OF ROAD RESERVES

1. A determined road reserve must be incorporated into the design of a subdivision or other development as is shown required on the Strategic Road Network Plan.

S9.7 INDICATIVE ROAD RESERVES

1. An indicative road reserve must be incorporated into the design of a subdivision or other development as is shown required on the Strategic Road Network Plan, except that an alternative to an indicative road reserve may be proposed where it can be demonstrated that it will achieve the same outcomes as the indicative road reserve.

S9.8 OTHER LAND PARCEL LINKAGES

1. Where a road linkage between parcels of land is clearly required but is not shown as a determined road reserve or indicative road reserve on the Strategic Road Network Plan, the road linkage proposed will be assessed on its merits in terms of meeting the objectives of clause S9.2.1.

S9.9 TURN FACILITIES

1. Turn facilities within the specified road section shall be to the requirements of DIER.


clxxxi

clxxxi Amendment AM 2005/01 – 27 May 2005 Amendment AM 2008/10 – 9 March 2011


SCHEDULE 10

S10.0 clxxxii

S10.1 Objective

DEVONPORT AIRPORT AIRSPACE PROTECTION SCHEDULE

S10.1.1 The objective of this Schedule is to ensure that the height of development does not adversely impact on the flight path for the Devonport Airport.

S10.2 Interpretation

S10.2.1 In this Schedule –

“Airport Operator” means the Port of Devonport Corporation, or other person that has assumed its responsibilities in relation to Devonport Airport;

S10.3 Development subject to notice of application

S10.3.1 In this Schedule –

Notwithstanding anything to the contrary contained in the Scheme, a discretionary permit granted under s.57 of the Act is required for any development where the height of any building or works, measured vertically from natural ground level to its highest element (including chimneys, plumbing, aerials, finials or other protrusion), exceeds -

(1) 15 metres in height within the relevant area as shown on the Devonport Airport Airspace Protection Plan; or

(2) 10 metres in height within the relevant area as shown on the Devonport Airport Airspace Protection Plan.

S10.4 Notice of Application

S10.4.1 Development subject to the provisions of S10.3 must be referred by the applicant to the Airport Operator for advice before submitting the application to Council.

clxxxii Amendment AM 2005/07 – 1 June 2005

city of devonport

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