Council meeting agenda - 4 June 2012 - Clarence City Council

Council meeting agenda - 4 June 2012 - Clarence City Council Council meeting agenda - 4 June 2012 - Clarence City Council

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CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE 2012 88 The relevant requirements of both the Rural zone and the Landscape and Skyline Conservation zone will be addressed in detail below, however, it is noted that the impact of the proposed development upon the amenity of the area has been considered as part of this assessment in terms of possible impacts and design suitability. Reference to these principles is contained in the discussion below. 4.3. Rural and Landscape and Skyline Conservation Zones The western portion of the subject property is within the Rural zone, the Purpose of which is as follows. “(a) To implement the Planning Policy Framework. (b) To encourage: (i) An integrated approach to land management. (ii) Development of new sustainable rural enterprises through value adding to products at source. (iii) Protection and enhancement of the bio-diversity of the area. (c) To ensure residential living in a rural environment is compatible with rural land uses. (d) To ensure that rural activities have priority over residential activities. (e) To ensure that subdivision promotes effective land management practices and infrastructure provision and avoid inappropriate fragmentation. (f) To provide for rural industries that promote the economic development of the region”. The western portion of the subject property is situated within the Landscape and Skyline Conservation zone, the Purpose of which is described as follows. “(a) To implement the Planning Policy Framework. (b) To identify and protect areas of landscape or conservation significance, including forested skylines, prominent ridgelines and hills that contribute to important vistas or provide a natural backdrop, and a contrast to the urban development in the Hobart Metropolitan area.

CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE 2012 89 (c) To encourage development and the use of the land which is in accordance with sound management and land capability practices, and which takes into account the environmental sensitivity and the bio-diversity of the locality. (d) To ensure use or development is in accordance with sound management and land capability practices and which protects the environmental sensitivity and bio-diversity of the locality. (e) To manage areas that are unsuitable for future urban development due inherent physical and environmental constraints and the need to avoid the inefficient provision and utilisation of urban services”. The zoning of the subject property is illustrated by Attachment 4. The proposal has been assessed against the relevant Use and Development Standards of both zones, at Clauses 6.8.3 and 6.10.3. The proposal is consistent with the relevant standards of both zones, with the exception of the dimension (frontage) requirements of both zones at Clauses 6.8.3(c) and 6.10.3(c). Given that the proposal does not satisfy these Clauses it is Prohibited under the Scheme. This issue will be discussed in detail below. Were the proposal not Prohibited, however, the following Specific Decision Requirements of the zone at Clause 6.8.4 of the Scheme would typically be relevant. “(a) The development is to suit the capability of the land, addressing site quality attributes including soil type, soil fertility, soil structure, soil permeability, aspect, contour and drainage patterns. (d) Areas of significant vegetation, habitat, threatened species or threatened communities should be maintained where possible. (h) Lot sizes are to be sufficient to suit differing levels of rural, service and recreational needs.

CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 89<br />

(c) To encourage development and the use of the land which is in<br />

accordance with sound management and land capability<br />

practices, and which takes into account the environmental<br />

sensitivity and the bio-diversity of the locality.<br />

(d) To ensure use or development is in accordance with sound<br />

management and land capability practices and which<br />

protects the environmental sensitivity and bio-diversity of the<br />

locality.<br />

(e) To manage areas that are unsuitable for future urban<br />

development due inherent physical and environmental<br />

constraints and the need to avoid the inefficient provision<br />

and utilisation of urban services”.<br />

The zoning of the subject property is illustrated by Attachment 4.<br />

The proposal has been assessed against the relevant Use and Development<br />

Standards of both zones, at Clauses 6.8.3 and 6.10.3. The proposal is<br />

consistent with the relevant standards of both zones, with the exception of the<br />

dimension (frontage) requirements of both zones at Clauses 6.8.3(c) and<br />

6.10.3(c). Given that the proposal does not satisfy these Clauses it is<br />

Prohibited under the Scheme. This issue will be discussed in detail below.<br />

Were the proposal not Prohibited, however, the following Specific Decision<br />

Requirements of the zone at Clause 6.8.4 of the Scheme would typically be<br />

relevant.<br />

“(a) The development is to suit the capability of the land,<br />

addressing site quality attributes including soil type, soil<br />

fertility, soil structure, soil permeability, aspect, contour and<br />

drainage patterns.<br />

(d) Areas of significant vegetation, habitat, threatened species or<br />

threatened communities should be maintained where<br />

possible.<br />

(h) Lot sizes are to be sufficient to suit differing levels of rural,<br />

service and recreational needs.

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