West Tamar Council Agenda

AGENDA
18 December 2018
Council Meeting
WEB SITE: www.wtc.tas.gov.au

18 December 2018
Table of Contents
Details Page
/18 MINUTES ....................................................................................................................... 4
/18 COUNCIL WORKSHOPS ................................................................................................. 4
/18 DECLARATIONS OF PECUNIARY INTEREST ................................................................... 4
COMMUNITY INPUT TIME .............................................................................................. 4
PLAN 1 SENIOR STATUTORY PLANNER’S REPORT: SINGLE DWELLING (VARY FRONT

BOUNDARY SETBACK AND WITHIN AREA OF LANDSLIDE RISK) AT 1 DANIELLA COURT,
TREVALLYN................................................................................................................... 6
PLAN 2 STATUTORY PLANNER’S REPORT: PLEASURE BOAT FACILITY (40 BERTH MARINA,
PONTOON, BOAT RAMP, MARINA FACILITIES BUILDING AND CAR PARKING) AT 215
ROSEVEARS DRIVE, ROSEVEARS ............................................................................... 30
DEV SER 1 STATUTORY PLANNER’S REPORT: PROPOSED STREET NAMES IN LEGANA ............... 55
DEV SER 2 MANAGER DEVELOPMENT REPORT: URGENT REVISIONS TO 337 CERTIFICATE......... 57
CORP 1 MANAGER CORPORATE REPORT: GIFTS, BENEFITS AND DONATIONS POLICY AND
GUIDELINES ................................................................................................................ 79
INFRA 1 MANAGER INFRASTUCTURE REPORT: ASSET MANAGEMENT POLICY AND ASSET

MANAGEMENT STRATEGY .......................................................................................... 90
/18 MEETING CLOSURE .................................................................................................... 93
Item from the closed section of the meeting

C/18 MINUTES ..................................................................................................................... 94
CON 1 REQUEST FOR LEAVE OF ABSENCE ........................................................................... 94
CON 2 REQUEST FOR LEAVE OF ABSENCE ........................................................................... 94
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WEST TAMAR COUNCIL

PO Box 16 Council Chambers
RIVERSIDE TAS 7250 BEACONSFIELD TAS 7270
13 December 2018
TO ALL COUNCILLORS
Dear Councillor
I wish to advise that an Ordinary meeting of the West Tamar Council will be held at the Windsor
Community Precinct, 1 Windsor Drive, Riverside on Tuesday 18 December 2018 at 1.30pm.
Rolph Vos
GENERAL MANAGER
Workshop held prior to 4/12/2018: Gifts & Benefits Policy, ABC Back Roads, Update Cat
Council meeting day: Management & Economic Trends for the West Tamar & Northern
Tasmania
Workshops:
 9.00am - Discussion UTAS Relocation (Professor Martin Renison, Dr Brian
Hartnett, Don Wing AM LLB & Professor Coleman O’Flaherty)
 10.00am - Beaconsfield Mine & Heritage Centre - Final Report (Rolph Vos)
 10.30am - Legana Central Update (Michael Purves)
 10.50am - Workshop Teleconference (David Gregory)
 11.00am - Planning (Andrew Brown)
 11.30am - General Business
 12 noon Luncheon at the Windsor Community Precinct.
AGENDA
1. Apologies
2. Confirmation of minutes from 20 November 2018
3. Declarations of Pecuniary Interest
4. Community Input Time
5. Reports a) Planning
b) General Manager
c) Development
d) Corporate
e) Community
f) Infrastructure
6. Notices of Motion from councillors
7. Questions with Notice
8. Questions without Notice
9. Closed Meeting Items
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Minutes of the Ordinary Meeting of the West Tamar Council held at the Windsor Community Precinct,
1 Windsor Drive, Riverside on Tuesday 18 December 2018 at 1.30pm.
PRESENT:
APOLOGIES:
IN ATTENDANCE:
/18 MINUTES
Moved Cr ............................ seconded Cr ................................. that the minutes of the meeting held
on 20 November 2018 be received and confirmed.
/18 COUNCIL WORKSHOPS
/18 DECLARATIONS OF PECUNIARY INTEREST
COMMUNITY INPUT TIME
The general rules for Community Input Time:
 30 minutes maximum period with up to 15 minutes for community ideas

input and 15 minutes for public questions.
 community input time limits any one speaker to a maximum of 5 minutes
 public question time limits each speaker to a maximum of 3 questions on

any specific subject. A question will be answered if the information is known
otherwise taken on notice and responded to in writing. Where there are
several persons wishing to ask questions, a rotational basis will be used.
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“I certify that with respect to all advice, information or recommendation provided to

council with this agenda:
1. the advice, information or recommendation is given by a person who has the

qualifications or experience necessary to give such advice, information or
recommendation;
2. where any advice is given directly to council by a person who does not have the
required qualifications or experience that person has obtained and taken into account
in that person’s general advice the advice from an appropriately qualified or
experienced person; and
3. a copy or written transcript of the advice received has been provided to council.”
Rolph Vos
GENERAL MANAGER
“Notes: S65(1) of the Local Government Act requires the General Manager to ensure
that any advice, information or recommendation given to the council (or a council
committee) is given by a person who has the qualifications or experience necessary
to give such advice, information or recommendation. S65(2) forbids council from
deciding any matter which requires the advice of a qualified person without
considering that advice.”
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PLAN 1 SENIOR STATUTORY PLANNER’S REPORT: SINGLE DWELLING (VARY

FRONT BOUNDARY SETBACK AND WITHIN AREA OF LANDSLIDE RISK)
AT 1 DANIELLA COURT, TREVALLYN
1) Introduction
This report assessed a discretionary planning application for a single dwelling at 1 Daniella Court,
Trevallyn. One representation was received to the proposal.
2) Background
Development application PA2018267
Development Description The proposal is for a part double storey single dwelling to be erected
at an angle to and between 4.5m and 1.2m from the frontage and 4.5m from the rear boundary. The
apex height of this proposed single dwelling is 8.417m on the north-west elevation.
The proposed dwelling comprises of the following:
Ground floor: single garage, entry, stairwell, lift and storage.

Upper floor: stairwell, lift, living-dining-kitchen with access to covered outdoor area on the south
western side and deck on the western side, laundry, bathroom, studio, guest room, master bedroom
with ensuite and robes.
External cladding will be a mixture of Cor-ten, Skyline roofing, block work, steel frames and frameless
glass balustrades.
Applicant
RJ & SM Miller
Planning Instrument
West Tamar Interim Planning Scheme 2013 (the Scheme)
Zone
General Residential
Use
Use Class: Residential
Use Status: No Permit required
Discretions
10.4.2 A1 (a) front boundary setback
10.4.2 A3 (a) (i) Building envelope
3) Strategic/Annual Plan/Council Policy
The proposal is consistent with Council’s Strategic and Annual Plans and policies.
4) Statutory Requirements
The application was made pursuant to section 57 of the Land Use Planning and Approvals Act 1993
(the Act). Determination of the application is a statutory obligation.
The application must be determined by 20/12/2018 to meet the statutory deadline under the Act.
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The application was assessed against the relevant zone and code standards. The proposal complied
with the relevant standards, except for the identified discretions.
The following discretions were supported when assessed against the relevant performance criteria:
 10.4.2 A1 (a) front boundary setback

 10.4.2 A3 (a) (i) Building envelope
 10.4.2 P1 (a) requires assessment of the compatibility of setbacks from the frontage, taking
into account any topographical constraints.
 10.4.2 P3 requires assessment of the impact of the variation of the building envelope on the
amenity of the adjoining lot.
The detailed assessment report was provided as Attachment 3 to this report.
Assessment of the requested discretions against the relevant performance standards supported
approval of the application.
5) Government Departments
The application did not require State Government referral.
6) Statutory Notification
The application was notified for the required 14 day period from 14-28/11/2018. One representation
was received. Council is required to consider representations to discretionary applications under
both the Act and the Scheme.
Matters raised in the representation are addressed below. A full copy of the representation and the
applicant’s response were provided as Attachment 4 to this report.
Representation
A single representation was received from the adjoining land owner, Richard Fisher, 3 Daniella
Court, Trevallyn.
1. The representor is of the opinion the Council should not approve this proposal since it does
not comply with the 4.5m setback from the frontage and it does not comply with the
Performance Criteria.
2. The representor confirms that there are different setbacks along this short cul de sac, but
that the proposal is not compatible as required by the Performance Criteria and that the
applicant did not take into account the topographic constraints.
3. The representor is of the opinion that the bulk of the proposed dwelling will be extremely
imposing when viewed from Daniella Court.
4. He lists a number of objectives that the proposal do not comply with and states that
compliance could be achieved if the dwelling is setback the required 4.5m and the
embankment behind the proposed dwelling is removed. This includes setback from the street,
attenuation of traffic noise and consistency in scale, bulk, massing and proportion of the
dwellings.
Officer Comments
The proposed dwelling is setback less than the required 4.5m from the frontage and must rely on
the Performance Criteria for compliance.
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The proposal must be assessed against the following: 10.4.2 P1 (a) A dwelling must have a setback
from a frontage that is compatible with the existing dwellings in the street, taking into account any
topographical constraints. This does not mean that the proposed setback must be the same as the
exiting dwellings. A site visit shows that the dwellings along this street are setback at various
distances from the street to compensate for the topography. Buildings are often double storey with
solid fences and imposing gates. The subject site and proposed dwelling will be screened from the
street view by the existing mature vegetation on the road reserve. The proposed dwelling is double
storey on the street level. This minimises the impact from traffic noise. This is a small cul de sac
with limited dwellings, so the traffic movements and associated noise should be minimal. There is
also no footpath on this side of Daniella Court where the subject site is - the proposed dwelling will
therefore be viewed from across the road, minimising the bulk of the proposed dwelling when viewed
from the street.
The subject site basically consists of 2 benched/flat parts. The proposal is to construct the small
proposed dwelling on the bottom bench. The landslide risk assessment confirmed that this is
consistent with the recommendations of the landside risk assessment.
Subject site
The proposed dwelling can co-exists without having unreasonable adverse impact on the
surrounding amenity or enjoyment of these properties.
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While the concerns of the representors are noted, they did not raise any matters that alter
assessment of the application against the Scheme.
7) Alternative Options
The Planning Authority may approve (with or without conditions) or refuse the application, based on
its assessment against the Scheme and any representations that were received.
A recommendation was provided for approval with conditions. Any alternative recommendations
must be provided with relevant planning reasons.
8) Financial impacts
Financial impacts are normally limited to the application process and any appeal that may be lodged
against the Planning Authority’s decision, provided statutory obligations are met.
9) Officer’s Comments
The proposal is for a dwelling with a small footprint on a small lot with complex contours. The building
is at an angle to the road - a street where there is no distinct pattern in setbacks due to the
topography.
Most of the existing vegetation on the frontage is on council land within the road reserve; no removal
of this vegetation forms part of this proposal. There is also no footpath on this side of Daniella Court,
which minimises the bulk of the proposed dwelling when viewed from the street.
Conclusion
The proposal was assessed against the provisions of the Scheme and complied with all relevant
tests. The proposal can therefore be approved subject to the conditions listed below.
Karin van Straten

SENIOR STATUTORY PLANNER
RECOMMENDATION
That application PA2018267 be determined as follows:
a. the requested variations comply with the relevant performance criteria and be supported;
b. the representation does not have planning merit when assessed against the Scheme; and
the application for a single dwelling by R J & S M Miller, for land at 1 Daniella Court, Trevallyn
be APPROVED subject to the following conditions:
ENDORSED PLANS
1. The use and/or development must be carried out as shown on the Endorsed plans by Gillian
van der Schans dated 1st November 2018 and Landslide Risk Assessment by Tasman
Geotechnics dated 30 November 2017 Document Reference: TG17235/1-01report and letter
dated 2 October 2018 Reference TG17235/1-02letter and described in the endorsed documents
to the satisfaction of the Council. Any other proposed development and/or use will require a
separate application to and assessment by the Council.
LANDSLIDE RISK
2. Prior to the commencement of the use, an accredited person must complete and submit to
Council FORM G Geotechnical Declaration Final Geotechnical Certificate (Australian
Geomechanics Vol 42 No 1 March 2007) confirming all development works have been carried
out in accordance with the requirements of the approved Landslide Risk Assessment Landslide
Risk Assessment by Tasman Geotechnics dated 30 November 2017 Document Reference:
TG17235/1-01report and letter dated 2 October 2018 Reference TG17235/1-02letter.
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3. A copy of the approved Landslide Risk Assessment documents must be on the site at all times
and all workers on site must be made aware of the requirements and recommendations of this
report.
Permit Notes
Notations
A. This permit was issued based on the proposal documents submitted for PA2018267. You
should contact Council with any other use or developments, as they may require the separate
approval of Council.
B. This permit takes effect after:

a) the 14 day appeal period expires; or
b) any appeal to the Resource Management and Planning Appeal Tribunal is abandoned or
determined; or
c) any agreement that is required by this permit pursuant to Part V of the Land Use
Planning and Approvals Act 1993 is executed; or
d) any other required approvals under this or any other Act are granted.
C. This permit is valid for two (2) years only from the date of approval and will thereafter lapse if
the development is not substantially commenced. An extension may be granted subject to the
provisions of the Land Use Planning and Approvals Act 1993 as amended, by a request to
Council.
Other Approvals
D. This permit does not imply that any other approval required under any other by-law or legislation
has been granted.
Appeal Provisions
E. A planning appeal may be instituted by lodging a notice of appeal with the Registrar of the
Resource Management and Planning Appeal Tribunal.
A planning appeal may be instituted within 14 days of the date the Corporation serves notice of
the decision on the applicant.
For more information see the Resource Management and Planning Appeal Tribunal website
www.rmpat.tas.gov.au
Permit Commencement
F. If an applicant is the only person with a right of appeal pursuant to section 61 of the Land Use
Planning and Approvals Act 1993 and wishes to commence the use or development for which
the permit has been granted within that 14 day period, the Council must be so notified in writing.
A copy of Council’s Notice to Waive Right of Appeal is attached.
DECISION
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Plan 1 - Attachment 1 - Location Plan
Address: 1 Daniella Court, Trevallyn
Proposed single dwelling
Representor
Proposed single dwelling

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Plan 1 - Attachment 2
Proposal Plans
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Scheme Assessment Report
1 DEVELOPMENT DESCRIPTION
Development Description The proposal is for a part double storey single dwelling to be erected
at an angle to and between 4.5m and 1.2m from the frontage and 4.5m from the rear boundary. The
apex height of this proposed single dwelling is 8.417m on the north-west elevation.
The proposed dwelling comprises of the following:
Ground floor: single garage, entry, stairwell, lift and storage.

Upper floor: stairwell, lift, living-dining-kitchen with access to covered outdoor area on the south
western side and deck on the western side, laundry, bathroom, studio, guest room, master bedroom
with ensuite and robes.
External cladding will be a mixture of Cor-ten, Skyline roofing, block work, steel frames and frameless
glass balustrades.
2 SITE EVALUATION
Site analysis:-
 Location: 1 Daniella Court, Trevallyn
 Area: 713 m²
 Slope: the topography of the site has been substantially modified by landscaping in the past. 3
retaining walls exists - one along the footpath, one halfway up the site and the 3rd along the
western boundary. The slope between the retaining walls and the gardens is relatively flat,
creating an S-shape feature across the site. The ground surface along the western boundary
slopes are approx 60 to the north/parallel with the road, increasing to about 80 towards the east
before turning back on itself to form the main bench of the site (where the dwelling is proposed.
 Existing use/development: vacant land
 Surrounding use/development: single dwellings
 Vegetation: grass surrounded by mature landscaping
SITE CONSTRAINTS/APPLICABLE OVERLAYS

 Landslip: part medium landslide hazard band
 Flooding: the subject site is not prone to flooding
 Environmental impacts and attenuation: none
 Capacity of infrastructure including access: The existing infrastructure, including access, has
sufficient capacity to service the proposal
ANALYSIS
 Surrounding uses and developments that will impact on the proposal: The surrounding uses and
developments are compatible residential uses
 Impact of the proposal on adjoining uses: The proposal is compatible with the surrounding uses
 Effect of hazards on the proposal: There are no known hazards impacting on the proposal
INTERNAL REFERRALS
 Internal referrals raised no issues
3 PLANNING MATTERS
The subject site is within the General Residential zone.
10.1 Zone Purpose
10.1.1 Zone Purpose Statements
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10.1.1.1 To provide for residential use or development that accommodates a range of
dwelling types at suburban densities, where full infrastructure services are
available or can be provided.
10.1.1.2 To provide for compatible non-residential uses that primarily serve the local
community.
10.1.1.3 To encourage residential development that respects the neighbourhood character
and provides a high standard of residential amenity.
 Defined use as per planning scheme and classification: Residential - No permit required
 Compliance with standards of development
The proposal complies with the following Acceptable Solutions:

 10.4.2: A2 (b) the garage setback from the frontage is the same as the dwelling
 10.4.2: A3 (a)(ii) side boundary setbacks
 10.4.3: A1 site coverage and area free from impervious surfaces
 10.4.3: A2 provision of private open space
 10.4.4: Solar orientation
 10.4.5: A1 width of garage door
 10.4.6: A1 and A2 privacy for all dwellings
The proposal requires the following discretions and must rely on the relevant Performance
Criteria for compliance:
10.4.2 Setbacks and building envelope for all dwellings
Objective: To control the siting and scale of dwellings to:

(a) provide reasonably consistent separation between dwellings on adjacent sites
and a dwelling and its frontage; and
(b) assist in the attenuation of traffic noise or any other detrimental impacts from
roads with high traffic volumes; and
(c) provide consistency in the apparent scale, bulk, massing and proportion of
dwellings; and
(d) provide separation between dwellings on adjacent sites to provide reasonable
opportunity for daylight and sunlight to enter habitable rooms and private open
space.
Performance Criteria
P1 A dwelling must:
(a) have a setback from a frontage that is compatible with the existing dwellings in the street,
taking into account any topographical constraints; and
(b) if abutting a road identified in Table 10.4.2, include additional design elements that assist in
attenuating traffic noise or any other detrimental impacts associated with proximity to the
road.
Officer comment:
Daniella Court is a short cul de sac sloping approx 20% from the south western end of the lots to the
north eastern end. The dwellings along this street are setback at various distances from the street
to compensate for the topography. Buildings are often double storey with solid fences and imposing
gates.
The proposed dwelling has a small footprint and at an angle to frontage. The subject site and
proposed dwelling will be screened from the street view by the existing mature vegetation on the
road reserve. The proposed dwelling is double story on the street level. There is also no footpath
on the side of Daniella Court where the subject site is - the proposed dwelling will therefore be viewed
from across the road, minimising the bulk of the proposed dwelling when viewed from the street.
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The proposal is considered to comply with the Performance Criteria (a); (b) is not applicable to this
assessment.
P3 The siting and scale of a dwelling must:

(a) not cause unreasonable loss of amenity by:
(i) reduction in sunlight to a habitable room (other than a bedroom) of a dwelling on
an adjoining lot; or
(ii) overshadowing the private open space of a dwelling on an adjoining lot; or
(iii) overshadowing of an adjoining vacant lot; or
(iv) visual impacts caused by the apparent scale, bulk or proportions of the dwelling
when viewed from an adjoining lot; and
(b) provide separation between dwellings on adjoining lots that is compatible with that
prevailing in the surrounding area.
Officer comment
Due to the topography of the subject site and surrounds, proposed height of the dwelling and
particularly the side boundary setbacks, the proposed dwelling will not have any impact on the
surrounding dwellings’ amenity due to overlooking and/or overshadowing.
There is also no footpath on the side of Daniella Court where the subject site is - the proposed
dwelling will therefore be viewed from across the road, minimising the bulk of the proposed dwelling
when viewed from the street.
The proposal is considered to comply with the Performance Criteria (a) and (b).
Codes applicable to the application

The following codes are applicable to the proposal:
E3.0 Landslip Code applies to the application

E3.6 Development Standards
E3.6.1 Development on Land Subject to Risk of Landslip
Objective
To ensure that development is appropriately located through avoidance of areas of landslip risk,
or where avoidance is not practicable, suitable measures are available to protect life and
property.
Performance Criteria Officer comments
P1 Development must demonstrate that the The Landslide Risk Assessment prepared
risk to life and property is mitigated to a by Tasman Geotechnics dated 30
low or very low risk level in accordance November 2017, Document reference:
with the risk assessment in E3.6.2 TG17235/1-01report and letter by Tasman
through submission of a landslip risk Geotechnics dated 2 October 2018,
management assessment. reference: TG17235/1-02letter confirms
compliance with the Performance Criteria.
E6.0 Car parking and Sustainable Transport Code applies to all applications. The proposal meets
all the relevant acceptable solutions in this code.
4 STATE POLICIES
The proposal is consistent with the intent of all State Policies.
5 OBJECTIVES OF THE LAND USE PLANNING AND APPROVALS ACT 1993
The proposal is consistent with the objectives of the Land Use Planning and Approvals Act 1993.
6 CONCLUSION
It is considered that the proposal is reasonable and should be approved subject to conditions.
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Plan 1 - Attachment
Representation and applicant’s response
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PLAN 2 STATUTORY PLANNER’S REPORT: PLEASURE BOAT FACILITY (40

BERTH MARINA, PONTOON, BOAT RAMP, MARINA FACILITIES BUILDING
AND CAR PARKING) AT 215 ROSEVEARS DRIVE, ROSEVEARS
1) Introduction
This report assesses a discretionary planning application for a pleasure boat facility at 215
Rosevears Drive, Rosevears. No representations were received. Normally the application would be
approved under delegation. However, due to the nature of the proposal, the General Manager has
‘called it in’ for a decision by Council.
2) Background
Development application
PA2018171
Development Description
It is proposed to redevelop the foreshore in front of the Rosevears Tavern. Both dredging and filling
will be required. The proposal comprises:
1. A 40 berth private marina. Arranged in a backwards ‘C’ shape, with a protected interior side
with space for larger vessels on the outer/river side. It is protected by rock groynes to the
north and south. Access to it will be controlled.
2. A jetty or ‘River Landing’. Located in the northern part of the proposal, it projects 75m from
the existing high water mark (HWM) and 55m from the newly created HWM. The public will
be able to access this, including for low freeboard vessels such as kayaks.
3. A public boat ramp with associated trailer parking.
4. Driveway access with two entry/exit points and a total of 50 parking spaces.
5. Public passive recreation facilities, including a viewing deck, riverside board walk and
grassed areas.
6. A facilities building for customers of the marina (i.e, private). It will comprise bathrooms, a
small laundry and will likely have a small multipurpose space for ancillary marina operations
or guest use.
7. Associated signage, comprising three ground signs (the largest is 6m by 2m) and numerous
public interpretive signs.
8. Improved pedestrian access from the Rosevears Tavern across Rosevears Drive to the
marina area.
Applicant
CBM Sustainable Design
Planning Instrument
West Tamar Interim Planning Scheme 2013 (the Scheme)
Zone
Rural living zone (the part of the site above current HWM)
Environmental management zone (the part of the site below current HWM)
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Overlays
Coastal Inundation
Priority Habitat
Use
Use class Pleasure boat facility (marina) and passive recreation.
Use status Pleasure boat facility is discretionary in the environmental management zone and
passive recreation is no permit required in both the rural living zone and the
environmental management zone.
Discretions
29.4.2 Landscaping
E4.6.1 Use and road or rail infrastructure
E4.7.2 Management of Road Accesses and Junctions
E5.6.1 Flooding and Coastal Inundation
E9.6.4 Access
E14.6.5 Development of the intertidal area
E15.6.1 Design, Character and Form of signs
Attachments
1. Location plan
2. Proposal plans
3. Planning scheme assessment report
The application was made pursuant to section 57 of the Land Use Planning and Approvals Act 1993
(the Act). Determination of the application is a statutory obligation. The application must be
determined by 18/12/18 (extended) to meet the statutory deadline under the Act.
The application was assessed against the relevant zone and code standards. The proposal complied
with the relevant standards, except for the identified discretions. The following discretions were
supported when assessed against the relevant performance criteria:
29.4.2 Landscaping. This is triggered as the proposed use is discretionary. Requires assessment
of any retaining walls, native vegetation removal, landscaping, fencing and paths on the site.
ASSESSMENT: The information submitted with the application satisfactorily addresses the
performance criteria. Notwithstanding, a permit condition will require the submission of and approval
by the Municipal Planner of a dedicated landscape plan. In relation to retaining walls, in this proposal
they form part of the engineering works for the marina and this is addressed in the Coastal
Vulnerability and Engineering Assessment by Burbury Consulting submitted with the application.
There is no existing native vegetation. The building, driveways, pedestrian paths, car parking,
signage and a landscaping concept are all shown on the site plan. There is no fencing proposed.
The permit condition referred to above will satisfactorily deal with landscaping details (e.g, species)
and with maintenance of the landscaping.
E4.6.1 Use and road or rail infrastructure. This is triggered as the proposal will generate more
than 40 traffic movements per day. It requires assessment to ensure that the safety and efficiency
of road infrastructure is not reduced by the creation of new accesses or increased use of existing
accesses.
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ASSESSMENT: Does not comply with the acceptable solution so must meet the performance
criteria. The TIA submitted with the application and accepted by Council’s Infrastructure Services
Department confirms that the performance criteria is met.
E4.7.2 Management of Road Accesses and Junctions. This is triggered as the proposal has two
new in/out accesses. It requires that an acceptable level of safety for all road users, including
pedestrians and cyclists, be maintained.
criteria. The new accesses are a formalisation of the current situation, which is not clearly indicated.
The TIA submitted with the application and accepted by Council’s Infrastructure Services
E5.6.1 Flooding and Coastal Inundation. This is always triggered for development within flood risk
areas as there is no acceptable solution. It requires a risk assessment of the proposal based on the
likelihood of flooding occurring and the consequences of it.
ASSESSMENT: LIST mapping shows that the 1% AEP (which corresponds with rare occurrence)
does not affect the site. It is therefore fair to assess the occurrence as rare. As the proposal is non-
habitable and designed for a marine environment, any flood damage is likely to only ever be minor.
The nature of flooding in this part of the river - gradual and minor level rise, rather a raging torrent -
also minimises damage. The combination of minor and rare results in a low risk, meeting the
performance criteria.
E9.6.4 Access. This is always triggered for development within flood risk areas as there is no
acceptable solution. It requires that new access to a watercourse are kept to a minimum and they
maintain the ecological, scenic and hydrological values of watercourses. They should also be
constructed from materials that won’t erode to avoid sedimentation and siltation as a result of runoff
or degradation of path materials.
ASSESSMENT: Access to the watercourse is at three points – the jetty/river landing, the marina
itself and the boat ramp. Given that each access point is to a separate facility, this is considered
appropriate. The Coastal Vulnerability and Engineering Assessment by Burbury Consultants
submitted with the application satisfactorily details how the accesses will not disturb vegetation or
hydrological features, meeting the performance criteria. The accesses are all constructed from
materials that don’t erode – concrete, metal and plastic.
E14.6.5 Development of the intertidal area. This is triggered as development is taking place below
the high water mark, and will disturb this intertidal area with dredging.
ASSESSMENT: Assessment of the performance criteria must be done via: ‘an assessment report
prepared by a suitably qualified person’. The Coastal Vulnerability and Engineering Assessment by
Burbury Consultants confirms the performance criteria are met.
E15.6.1. Design, Character and Form. This is triggered if more than one ground sign is proposed.
It requires that ground signs are compatible with the visual character of the area, not visually intrusive
and are complementary to the site.
ASSESSMENT: The three ground signs are part of an overall design theme for the site and have
accordingly been designed to be compatible with the visual character of the area and are not visually
intrusive. As this part of the site is effectively being re-designed in this proposal, the signs fit this. In
relation to the Rosevears Tavern (which is across the road but technically on the same site), the
modern design is an appropriate response to the long-established tavern.
The detailed assessment report was provided as Attachment 3 to this report.
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Assessment of the requested discretions against the relevant performance standards supported
approval of the application.
5) Notification
The application was notified for the required 14 day period from 21/11/18 to 5/12/18. No
representations were received.
The Planning Authority may approve (with or without conditions) or refuse the application, based on
its assessment against the Scheme and any representations that were received. A recommendation
is provided for approval with conditions. Any alternative decisions should be provided with relevant
planning reasons.
7) Financial Impact
Financial impacts are normally limited to the application process and any appeal that may be lodged
against the Planning Authority’s decision, provided statutory obligations are met.
The proposal was assessed against the provisions of the scheme and complied with all relevant
tests. On this basis, the proposal should therefore be approved. The lack of representations against
the proposal is unusual for a project of this size.
James Ireland
STATUTORY PLANNER
RECOMMENDATION
That application PA2018171 be determined as follows:
a. the requested variations comply with the relevant performance criteria and can be supported,
and:
the application for a pleasure boat facility (marina) and three ground signs at 215 Rosevears Drive,
Rosevears be APPROVED, subject to the following conditions:
ENDORSED PLANS
1. The development must be carried out as shown on the Development Approval Submission by
CMB Sustainable Design Pty Ltd dated 29/6/18 (including all project assessment reports and
plans). Any other proposed development and/or use will require a separate application to and
assessment by the Council.
PUBLIC TOILET
2. At least one toilet in the facilities building must be for public use.
USE
3. The marina must not be used for long term habitation.
DEFECTS LIABILITY PERIOD FOR PUBLIC LANDSCAPING

4. A defects liability period applies to the public landscaping. This period is 12 months from the
opening to the general public of the last part of the site.
5. During the defects liability period for the public landscaping, the maintenance of the public
landscaping is the responsibility of the developer.
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SITE LANDSCAPING PLAN

6. Prior to the commencement of works, a landscape plan must be submitted for approval by the
Municipal Planner. The plan must be prepared by a suitably qualified person, must be drawn
to scale and must include the following details:
a) major site features such as building footprints, topography, contours existing vegetation
and street boundaries; and
b) existing and proposed garden areas and plantings (including a schedule of all proposed
trees, shrubs and groundcover including common name, botanical name and likely size
at maturity); and
c) any stabilisation works required as a result of tree or vegetation removal; and
d) all proposed garden beds, fences, retaining walls, lawn, hard surfaces and pathways;
and
e) suitable irrigation or a fixed sprinkler system for the watering of all lawns and landscaped
areas; and
f) any screen planting (where required).
Once approved, the plan will be endorsed and will form part of the permit. The landscaping
must be:
a) installed in accordance with the endorsed plan; and
b) completed prior to the use commencing; and
c) maintained as part of non-residential development. It must not be removed, destroyed
or lopped without the written consent of the Council.
ENGINEERING
7. Prior to the commencement of works, a full set of engineering plans, including a line marking
plan are to be submitted to Council for approval by the Infrastructure Manager.
8. All Infrastructure to be vested in Council must be built to Council Standards.
9. Off-street parking must comply with AS 2890.1
10. All accessible parking must comply with AS 2890.6
11. Public areas must be adequately lit in accordance with AS 1158.3.1
12. Council Asset Recording Forms must be completed for all public infrastructure
13. Type ‘KC’ kerb and channel is to be installed along the site boundary with Rosevears Drive.
14. A set down/pick up area to allow for short-term parking must be provided and clearly indicated,
to the satisfaction of Council’s Infrastructure Manager.
15. Prior to commencement of the use, an "as-constructed" plan in accordance with Council's
standard requirements for as constructed drawings must be submitted to the satisfaction of
Council’s Infrastructure Manager.
16. Prior to the commencement of works, a Construction and Environmenal Management Plan
(CEMP) must be submitted to Council for approval by Council’s Infrastructure Manager.
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SOIL AND WATER MANAGEMENT CONTROL PLAN
17. Prior to the commencement of any works on site (including vegetation removal), a site
management plan must be submitted detailing how soil and water is to be managed on the
site during the construction process to prevent the escape of soil and sediments beyond site
boundaries. This plan must clearly set out the property owner’s obligations for erection,
inspection and maintenance of all control measures approved. The management plan must
include the following:
a) Date and author
b) Property boundaries, location of adjoining roads, impervious surfaces,
underground services and existing drainage , contours, approximate grades of
slope, directions of fall, north point and scale.
c) General soil description.
d) Location and types of all existing natural vegetation, location and amount of the
proposed ground disturbance, the limit of clearing, grading and filling and the
proposed location of soil, sand, topsoil and other material stockpiles.
e) Critical natural areas such as drainage lines, cliffs, wetlands and unstable ground.
f) Location of vegetation to be retained and removed.
g) Location of stabilised site access.
h) Initial and final contours, location of watercourses, surface drainage and existing
stormwater infrastructure.
i) Stormwater discharge point, if proposed.
j) Location of all proposed temporary drainage control measures.
k) Construction details - buildings or subdivision.
l) Location and details of all proposed erosion control measures.
m) Location and details of the measures to minimise dust escaping from the site
n) Location and details of all proposed sediment control measures.
o) A statement of who is responsible for establishing and maintaining erosion and
sediment control measures.
p) Site rehabilitation or revegetation/landscaping program
q) The estimated dates for the start and finish of the works - including the installation
sequence of the different erosion and sediment controls
r) Any information required to address soil, water and dust control measures required
to accommodate staging of the proposal
s) Outline of the maintenance program for the erosion and sediment controls; this
must include a weekly inspection as well as before and after every rain event and
a reporting schedule to council
Works must not commence prior to the approval of the Soil and Water Management Control
Plan by the Infrastructure Services Manager. The approved Plan must be implemented with
the commencement of works on site and maintained during construction to ensure that
soil erosion and dust are appropriately managed to reasonably maintain amenity of adjoining
and nearby properties. A copy of the approved Soil and Water Management Plan must be
on the site at all times. All on ground workers must be aware of and understand the plan.
Commenced development stop
Where development has commenced on site and then stops for two weeks or more, interim
stormwater, erosion and dust control measures must:
a) be installed and maintained on site to the satisfaction of the Infrastructure
Services Manager;
b) Ensure that overland flows do not become a nuisance to adjoining properties or
council’s infrastructure;
c) be maintained until work recommences on site; and
d) include a weekly inspection as well as before and after every rain event and a
reporting schedule to council.
Measures under this condition may require a revised Soil and Water Management Control
Plan to be approved for the site.
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Permit Notes
Notations
A. This permit was issued based on the proposal documents submitted PA2018171. You should
contact Council with any other use or developments, as they may require the separate approval
of Council.
B. This permit takes effect after:

a) the 14 day appeal period expires; or
b) any appeal to the Resource Management and Planning Appeal Tribunal is
abandoned or determined; or.
c) any agreement that is required by this permit pursuant to Part V of the Land Use
Planning and Approvals Act 1993 is executed; or
d) any other required approvals under this or any other Act are granted.
C. This permit is valid for two (2) years only from the date of approval and will thereafter lapse if
the development is not substantially commenced. An extension may be granted subject to the
provisions of the Land Use Planning and Approvals Act 1993 as amended, by a request to
Council.
Other Approvals
D. This permit does not imply that any other approval required under any other by-law or
legislation has been granted.
Appeal Provisions
E. A planning appeal may be instituted by lodging a notice of appeal with the Registrar of the
Resource Management and Planning Appeal Tribunal. A planning appeal may be instituted
within 14 days of the date the Corporation serves notice of the decision on the applicant. For
more information see the Resource Management and Planning Appeal Tribunal website
www.rmpat.tas.gov.au
Permit Commencement
F. If an applicant is the only person with a right of appeal pursuant to section 61 of the Land Use
Planning and Approvals Act 1993 and wishes to commence the use or development for which
the permit has been granted within that 14 day period, the Council must be so notified in writing.
A copy of Council’s Notice to Waive Right of Appeal is attached.
DECISION
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18 December 2018
Location Plan
215 Rosevears Drive, Rosevears
Subject Site
(blue outline,
river extent
approximate
only)
WTC owned
land (part of
subject site)
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Proposal Plans
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Planning Scheme Assessment Report
DEVELOPMENT DESCRIPTION
It is proposed to redevelop the foreshore in front of the Rosevears Tavern. Both dredging and filling
will be required. The proposal comprises:
1. A 40 berth private marina. Arranged in a backwards ‘C’ shape, with a protected interior side
with space for larger vessels on the outer/river side. It is protected by rock groynes to the
north and south. Access to it will be controlled.
2. A jetty or ‘River Landing’. Located in the northern part of the proposal, it projects 75m from
the existing high water mark (HWM) and 55m from the newly created HWM. The public will
be able to access this, including for low freeboard vessels such as kayaks.
3. A public boat ramp with associated trailer parking.
4. Driveway access with two entry/exit points and a total of 50 parking spaces.
5. Public passive recreation facilities, including a viewing deck, riverside board walk and
grassed areas.
6. A facilities building for customers of the marina (i.e, private). It will comprise bathrooms, a
small laundry and will likely have a small multipurpose space for ancillary marina operations
or guest use.
7. Associated signage, comprising three ground signs (the largest is 6m by 2m) and numerous
public interpretive signs.
8. Improved pedestrian access from the Rosevears Tavern across Rosevears Drive to the
marina area.
SITE EVALUATION
The subject site comprises three parcels of land:
1. Lot 1 on Plan 196866, a 1.08 ha privately owned lot. It slopes down to the high water mark
and includes a section of Rosevears Drive itself. It contains the long-established Rosevears
Tavern and recently constructed holiday cabins.
2. Lot 1 on Plan 229623, a 505m2 rectangular lot surrounded on three sides by the lot above
and on the river side by the land described below. It is owned by West Tamar Council and
occupied by part of the car park on the river side of Rosevears Drive, four picnic tables and
part of the walkway to the existing pontoon.
3. An area of the River Tamar located below high water mark, owned by the Crown and
administered by Parks and Wildlife. The western boundary follows high water mark and
therefore the site is either water or rice grass. It also contains the existing pontoon.
SITE CONSTRAINTS/APPLICABLE OVERLAYS

 Landslip: not applicable. No medium hazard band or higher at the site of the proposal.
 Flooding: partially affected by the coastal inundation overlay and partially below high water
mark – both the flood prone areas and coastal codes apply.
 Capacity of infrastructure including access: the existing infrastructure, including access, has
sufficient capacity to service the proposal.
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ANALYSIS
 The surrounding uses and developments are compatible with the proposal.
 The proposal is compatible with the surrounding uses.
 There are no known hazards impacting on the proposal.
INTERNAL REFERRALS
 Council’s Infrastructure Department requested further information in relation to the
proposed boulder wall and were satisfied with the response.
PLANNING MATTERS
The subject site is within two zones. The privately owned land is in the rural living zone and the
remainder is in the environmental management zone.
13 Rural Living zone

The purpose of the zone is:
To provide for residential use or development on large lots in a rural setting where services
are limited.
To provide for compatible use and development that does not adversely impact on residential
amenity.
To provide for rural lifestyle opportunities in strategic locations to maximise efficiencies for
services and infrastructure.
To provide for a mix of residential and low impact rural uses.
13.1.2 Local Area Objectives

Not applicable as the use (passive recreation) is no permit required.
13.1.3 Desired Future Character Statements

There are no Desired Future Character Statements for the zone.
13.2 Use
Passive recreation - no permit required.
13.3 Use Standards

Not applicable - use is no permit required.
13.4 Development Standards: The proposal complies with the following acceptable solutions:
 13.4.1 Building Design and Siting
It does not rely on any discretions.
29 Environmental Management Zone

The purpose of the zone is:
To provide for the protection, conservation and management of areas with significant
ecological, scientific, cultural or aesthetic value, or with a significant likelihood of risk from a
natural hazard.
To only allow for complementary use or development where consistent with any strategies
for protection and management.
29.1.2 Local Area Objectives

There are no Local Area Objectives for the zone.
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29.1.3 Desired Future Character Statements

There are no Desired Future Character Statements for the zone.
29.2 Use
Pleasure boat facility – discretionary and passive recreation – no permit required.
29.3 Use Standards. The proposal complies with the following acceptable solutions:
 29.3.1 Reserved Land
29.4 Development Standards. The proposal complies with the following acceptable solutions:
 29.4.1 Building Design and Siting
Discretions relied on:

29.4.2 Landscaping
Objective: To ensure that the natural values of the site are retained in a manner that contributes
to the broader landscape of the area.
P1 P1 Development must be accompanied by a landscape and site management plan that sets out
how the entire site will be managed having regard to:
a) any retaining walls; and
b) retaining any existing native vegetation where it is feasible to do so or required to be
retained by another provision of this scheme; and
c) the locations of any proposed buildings, driveways, car parking, storage areas, signage
and utility services; and
d) any fencing; and
e) vegetation plantings to be used and where; and
f) any pedestrian movement paths; and
g) ongoing treatment of the balance of the lot, if any, including maintenance of plantings,
weed management
ASSESSMENT: The information submitted with the application satisfactorily addresses the
performance criteria. Notwithstanding, a permit condition will require the submission of and approval
by the Municipal Planner of a dedicated landscape plan. In relation to retaining walls, in this proposal
they form part of the engineering works for the marina and this is addressed in the Coastal
Vulnerability and Engineering Assessment by Burbury Consulting submitted with the application.
There is no existing native vegetation. The building, driveways, pedestrian paths, car parking,
signage and a landscaping concept are all shown on the site plan. There is no fencing proposed.
The permit condition referred to above will satisfactorily deal with landscaping details (e.g, species)
and with maintenance of the landscaping.
Codes applicable to the application:

The following codes apply:
E4.0 Road and Railway Assets Code

The proposal meets all the acceptable solutions in this code, except for the discretions addressed
below.
E4.6.1 Use and road or rail infrastructure

Objective: To ensure that the safety and efficiency of road and rail infrastructure is not reduced
by the creation of new accesses and junctions or increased use of existing accesses and
junctions.
P1 P2 For roads with a speed limit of 60km/h or less, the level of use, number, location, layout
and design of accesses and junctions must maintain an acceptable level of safety for all road
users, including pedestrians and cyclists.
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criteria. The TIA submitted with the application and accepted by Council’s Infrastructure Services
E4.7.2 Management of Road Accesses and Junctions
Objective: To ensure that the safety and efficiency of roads is not reduced by the creation of new
accesses and junctions or increased use of existing accesses and junctions.
P1 P1 For roads with a speed limit of 60km/h or less, the number, location, layout and design of
accesses and junctions must maintain an acceptable level of safety for all road users, including
pedestrians and cyclists.
criteria. The new accesses are a formalisation of the current situation, which is not clearly indicated.
The TIA submitted with the application and accepted by Council’s Infrastructure Services
E5.0 Flood Prone Areas Code
The proposal meets all the acceptable solutions in this code, except for the discretion addressed
below.
E5.6.1 Flooding and Coastal Inundation
Objective: To protect human life, property and the environment by avoiding areas subject to
flooding where practicable or mitigating the adverse impacts of inundation such that risk is reduced
to a low level.
P1.1 It must be demonstrated that development:
a) where direct access to the water is not necessary to the function of the use, is located
where it is subject to a low risk, in accordance with the risk assessment in E5.7 a); or
b) where direct access to the water is necessary to the function of the use, that the risk to life,
property and the environment is mitigated to a medium risk level in accordance with the
risk assessment in E5.7.
P1.2 development subject to medium risk in accordance with the risk assessment in E5.7 must
demonstrate that the risk to life, property and the environment is mitigated through
structural methods or site works to a low risk level in accordance with the risk assessment
in E5.7.
ASSESSMENT: LIST mapping shows that the 1% AEP (which corresponds with rare occurrence)
does not affect the site. It is therefore fair to assess the occurrence as rare. As the proposal is non-
habitable and designed for a marine environment, any flood damage is likely to only ever be minor.
The nature of flooding in this part of the river – gradual and minor level rise, rather a raging torrent –
also minimises damage. The combination of minor and rare results in a low risk, meeting the
performance criteria.
E6.0 Car Parking and Sustainable Transport Code
The proposal meets all the acceptable solutions in this code.
E9.0 Water Quality Code
below.
E9.6.4 Access
Objective: To facilitate appropriate access at suitable locations whilst maintaining the ecological,
scenic and hydrological values of watercourses and wetlands.
P1 New access points to wetlands and watercourses are provided in a way that minimises:
a) their occurrence; and
b) the disturbance to vegetation and hydrological features from use or development.
P2 Accesses and pathways are constructed to prevent erosion, sedimentation and siltation
as a result of runoff or degradation of path materials.
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ASSESSMENT: Access to the watercourse is at three points – the jetty/river landing, the marina
itself and the boat ramp. Given that each access point is to a separate facility, this is considered
appropriate. The Coastal Vulnerability and Engineering Assessment by Burbury Consultants
submitted with the application satisfactorily details how the accesses will not disturb vegetation or
hydrological features, meeting performance criterion P1. The accesses are all constructed from
materials that don’t erode – concrete, metal and plastic, meeting the performance criterion P2.
E14.0 Coastal Code

The proposal meets all the acceptable solutions in this code, except for the discretions identified
below:
E14.6.5 Development of the intertidal area

Objective: To manage the impacts of development within the marine environment.
P1 Where development is proposed at or below the mean high water mark, an assessment
report prepared by a suitably qualified person must demonstrate how the preparation works,
design and siting of structures will allow full tidal flushing and minimise changes to coastal
processes including:
a) the natural patterns of movement; and
b) supply of marine sediments; and
c) sand movement; and
d) wave action.
P2 Where development involves disturbance to any intertidal area or seabed, an assessment
report prepared by a suitably qualified person must demonstrate that:
a) public access to and use of the intertidal area or seabed is maintained once the proposal is
completed; and
b) any adverse effects on fauna or flora or their habitat is of a temporary nature and does not
occur during a critical stage of their lifecycle; and
c) the proposal does not result in any significant detriment in terms of:
i) water turbidity, nutrients or shading; or
ii) the achievement of water quality objectives; or
iii) adverse off-site effects; or
iv) shoreline stability; or
v) the amenity values of the inter-tidal area or foreshore.
P3 Dredging, channelling or other similar disturbance is undertaken in accordance with a plan
of management prepared by a suitably qualified person that details:
a) the methods of disposal of extracted material which adequately explains the processes and
procedures to be followed in winning, transporting and disposing of all extracted materials
obtained; and
b) the treatment of the land and water interface including design of batters if reclamation is to
occur; and
c) how the impacts to coastal flora and fauna will be minimised.
ASSESSMENT: Assessment of the performance criteria must be done via: ‘an assessment report
prepared by a suitably qualified person’. The Coastal Vulnerability and Engineering Assessment by
Burbury Consultants confirms the performance criteria are met.
E15.0 Signage Code

below.
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E15.6.1 Design, Character and Form

Objective: To ensure that the design and siting of signs do not detract from the appearance of the
locality or unreasonably compromise the characteristics of the natural and built environment in
which they are located and are constructed and maintained to essential standards of public safety.
P20 Ground signs must be:
a) compatible with the visual character of the area; and
b) not be visually intrusive; and
c) complementary to the design of the site to which it relates.
ASSESSMENT: The three ground signs are part of an overall design theme for the site and have
accordingly been designed to be compatible with the visual character of the area and are not visually
intrusive. As this part of the site is effectively being re-designed in this proposal, the signs fit this. In
relation to the Rosevears Tavern (which is across the road but technically on the same site), the
modern design is an appropriate response to the long-established tavern.
STATE POLICIES
The proposal is consistent with the intent of all State Policies.
OBJECTIVES OF THE LAND USE PLANNING AND APPROVALS ACT 1993

The proposal is consistent with the objectives of the Land Use Planning and Approvals Act 1993.
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DEV SER 1 STATUTORY PLANNER’S REPORT: PROPOSED STREET NAMES IN

LEGANA
1) Introduction
This report assesses proposed names for four new streets in an approved subdivision in Legana on
land between Bindaree, Ridge and Jetty Roads (Lot 1 on Plan 174704).
2) Background
Council approved the subdivision of land between Bindaree, Ridge and Jetty Roads in Legana into
91 lots in May 2017. Civil works are currently under way and lots are for sale. The developer has
proposed names for the four streets in the subdivision as follows:
Not applicable to this assessment.
The naming of public roads within proclaimed towns like Legana is the responsibility of Council. Once
approved, the names are forwarded to Place Names Tasmania for addition to their records.
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Council may accept or reject the proposed names or propose alternatives. The developer did not
provide any alternatives.
7) Financial Impact
None.
The proposed street names were a joint effort between the developer and Council. The developer
provided the basis for the names:
Montague Park Avenue is for the main entry road off Bindaree Road and is the name of the
subdivision estate and the original name of the orchard which it is on.
Simmonds Court is the road off Montague Park Drive which is named after the Simmonds
family who were a family of orchardists in the Legana area.
Cole Gardens is the road off Ridge Road named after a family of orchardists in the Tamar
Valley
Wivell Place and Wivell Street will eventually come off Jetty Road and cross Montague
Park Drive and are named after a well know Tamar Valley family of orchardists.
The proposed names do not conflict with any street names in West Tamar or surrounding Councils.
They reflect the history of the area and are logical and easy to spell.
James Ireland
STATUTORY PLANNER
RECOMMENDATION
That Council approve the street names as proposed and advise Place Names Tasmania accordingly.
DECISION
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DEV SER 2 MANAGER DEVELOPMENT REPORT: URGENT REVISIONS TO 337

CERTIFICATE
1) Introduction
This report proposes that Council considers lobbying the Local Government Association of Tasmania
(LGAT) for urgent amendments to the Section 337 Certificate (the 337) to reflect current regulatory
regimes that do not have questions on the 337.
2) Background
Council will recall that landslip affects a number of properties across the West Tamar Council.
Recent experiences of some property owners identified that the current 337 does not ask all
questions relevant to the current regulatory processes for planning and building. In addition, the
timing of the 337 was raised as a potential issue.
Council, in one of its many statutory roles, issues a statutory certificate under Section 337 of the
Local Government Act 1993 which provides advice to an applicant as part of a range of transactions
that affect property. The questions within the 337 are set in the regulations to the Act with very
limited opportunity for input on other matters by Council staff. Questions within the 337 are based
around 13 Acts that address functions of the Council operations.
Landslip has been subject to a range of regulatory tools established by the State.
Attachments
1. Current 337 form
Section 337 of the Local Government Act 1993 provides the following:
337. Council land information certificate
(1) A person may apply in writing to the general manager for a certificate in respect of
information relating to land specified and clearly identified in the application.
(2) The general manager, on receipt of an application made in accordance with
subsection (1) , is to issue a certificate in the prescribed form with answers to
prescribed questions that are attached to the certificate.
(3) A certificate under subsection (2) relates only to information that the council has on
record as at the date of issue of the certificate.
(4) A prescribed fee is payable in respect of the issue of a certificate.
(5) The general manager, on request, may provide in or with the certificate any other
information or document relating to the land that the general manager considers
relevant.
(6) A council does not incur any liability in respect of any information provided in good
faith from sources external to the council.
(7) A person, with the consent of the occupier or owner of specified land, may request in
writing to the general manager that an inspection be carried out of that land to obtain
supplementary information relevant to that land.
(8) If the general manager agrees to a request under subsection (5) or (7), the general
manager may impose any reasonable charges and costs incurred.
(9) In this section –
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land includes –
(a) any buildings and other structures permanently fixed to land; and
(b) land covered with water; and
(c) water covering land; and
(d) any estate, interest, easement, privilege or right in or over land.
The prescribed form identified in section (2) is defined at Regulation 45(a) and Schedule 5 of the
Local Government (General) Regulations 2015, as provided in Attachment 1.
Planning processes are regulated through the Land Use Planning and Approvals Act 1993, which
establishes a process for implementation of the new Tasmanian Planning Scheme and for
consideration of landslide hazards in normal planning applications through an overlay and code
within both the current West Tamar Interim Planning Scheme 2013 and the pending Tasmanian
Planning Scheme. In addition to this, Specific Area Plans can apply to any land within the Scheme.
Under the Tasmanian Planning Scheme, local provisions may also apply through a range of
mechanisms.
Planning questions within the 337 require a range of answers on matters relating to the applicable
planning scheme, zoning of land, planning permits and appeals on the land, enforcement actions
and agreements.
Specifically, question 13 asks about zoning and planning scheme amendments to the subject or
adjoining lands. Question 13 does not ask about:
 Codes that are identified as applying to the land (such as landslip);
 Specific Area Plans that apply to the land;
 Whether Council has applied for a new planning scheme – including the Tasmanian Planning
Scheme;
 What local provisions apply ; or
 Whether Council has initiated an amendment to local provisions.
These omissions from the 337 are significant because:

 The first two points relate to current controls that apply under the Interim Planning Schemes
and affect people’s opportunity and requirements to develop land;
 The third point is significant as:
 all Councils are expected to have lodged Local Provisions Schedules with the Tasmanian
Planning Commission for assessment by the end of June 2019; and
 the Tasmanian Planning Scheme relies on a different regulatory regime to the current
interim schemes, including local provisions schedules;
 the final two points are significant because they represent important controls that vary the
Tasmanian Planning Scheme that apply to land within every municipality in the State.
Question 20 on the 337 asks about landslip declarations and orders under the Mineral Resources
Development Act 1995 and includes a note suggesting contacting Council to see if they have any
other information (refer attachment). This reflects previous state policy regarding declaration of
landslip with A or B as has happened at Beauty Point and other locations around the State. Question
20 remains relevant to the information provided on a 337.
Current State policy for management of landslip and landslides is through Natural Hazards and
Landslide Hazard Bands (low, medium, medium-active or high). These are addressed through
planning scheme codes and natural hazards within the Building Act 2016 (discussed in detail further).
These mechanisms are not reflected on the 337 questions.
Question 31 on the 337 asks about onsite waste water systems on the land that were approved from
1994 to the current day. The form does not ask about any onsite waste water systems that were
approved before that time, many of which remain operational today.
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18 December 2018
The Building Act 2016 came into operation on 1 January 2017 and regulates building works based
on risk, simplified as follows:
 low risk work which Council is generally not notified of (including two sub-categories);
 notifiable work, where council is notified at commencement that a building surveyor has
assessed work and then again when the work is completed;
 permit work, which requires permits and certificates from Council;
 new assessment regimes for plumbing work; and
 a regime to consider natural hazards (landslip, flooding, inundation, erosion) which becomes
operational with the Tasmanian Planning Scheme.
Questions 34-48 relate to building processes but do not identify:

 whether Council has any records of low risk work (Form 80’s);
 whether the land is identified as subject to any natural hazards; or
 at questions 37 to 40, whether notifiable building work has been completed (the current
questions ask about incomplete works but not about any work that may have been completed
under that process).
These questions are significant and relevant to regulatory processes because:

 they do not allow full disclosure of all relevant records because the questions are not asked;
and
 the omission on landslide and other natural hazards information does not allow for full
information to be provided that reflects current State policies for managing natural hazards
and identify known requirements for consideration of building proposals on the lands.
At present, the Local Government Division of the State is undertaking a review of the Local
Government Act 1993, which includes the 337 certificate. We anticipate that the State will
commence formal consultation later this month.
Discussions with officers of the Local Government, Building and Planning Divisions of State have
suggested raising these reforms as part of that process. Current discussions suggest that process
will take approximately two years, with additional time to implement findings.
It is understood that there is some support within the State for a faster response to reflect current
regulatory regimes.
Discussions with the LGAT suggested that an industry based response would be appropriate on this
issue.
6) Community Consultation
It is not considered relevant for Council to undertake community consultation on this issue.
The matter was raised from within the community and if the motion is successful, community and
industry consultation may form part of the State Government process to address the issue.
Council may elect to support the recommendation provided; pursue an alternative recommendation
or not pursue the current matter.
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18 December 2018
8) Risk Assessment
Council’s risks are managed regarding 337’s through complying with the statutory process for
completing the questions within the form.
It is noted that there are potential risks of criticism by individuals and the broader community for not
questioning the content of the 337 now that we are aware of the circumstances.
9) Financial Impact
Financial impacts of this process form part of Council’s normal operation in representing various
aspects of its community.
Discussions with affected land owners confirmed that Council would make representation about the
content and timing of 337’s.
Investigations into the landslip question on the 337 identified a number of current regulatory regimes
were identified as missing. These were discussed in the statutory requirements section of this report.
It is not considered appropriate to wait for the review of the Local Government Act 1993 as the
questions relate to current regulatory regimes. Experience of some rate payers within the
Municipality confirms this view and supports the request for urgent action. The recommendation
provides this through the LGAT.
Content
The issues with content of the 337 were discussed under the Statutory Requirements section of this
report. These matters are addressed at part 1 of the recommendation.
In addition to these, previous versions of the form included a section at the end for other comments
or additional information. This section of the form was able to be used by staff to provide a lot of
information on matters that form part of the recommendation.
This section was removed in previous reforms. As this does not relate to current regulatory process,
it is suggested this be raised in submissions to the general review of the Local Government Act 1993.
Timing
The Local Government Act 1993 clearly establishes that 337’s are not mandatory and rely on an
interested party making an application. As they are not mandatory, there is no requirement under
the Act for a 337 to be obtained at a particular time.
Experience suggests that purchasers usually have their conveyancers obtain a 337 certificate
following entering into an agreement for the sale of the land.
Discussions with various property owners identified that this may be problematic. The property
purchase process in Tasmania relies on the purchaser making their own enquiries to inform
themselves on an intended purchase. This is different to a number of mainland states, where full
disclosure is required as part of listing a property for sale and all relevant information is then available
to intending purchasers.
This issue could be addressed if the 337 certificate formed part of the listing process for a property
rather than the current situation. It is understood that this requirement would need to be addressed
through changes to the Property Agents and Land Transactions Act 2016.
Part 2 of the recommendation provided addresses this issue.
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18 December 2018
Conclusion
The identified issues justify an urgent response ahead of the general review of Schedule 5 of the
Local Government (General) Regulations 2015 as they relate to existing regulatory controls and
have potential for significant impacts to property owners. A recommendation is provided to deal with
these matters.
Michael Purves
MANAGER DEVELOPMENT
RECOMMENDATION
That Council submit to the Local Government Association of Tasmania to seek sectoral support to
lobby the Tasmanian Government for:
1. urgent review of the 337 certificate form under Schedule 5 of the Local Government (General)
Regulations 2015 to address the following omissions from current regulatory regimes that
impact the subject lands:
a) Land Use Planning and Approvals Act 1993
 Codes (such as landslip);
 Specific Area Plans;
 local provisions;
 applications for a new planning scheme - including the Tasmanian Planning Scheme;
or
 applications for amendments to local provisions under the Tasmanian Planning
Scheme.
b) Building Act 2016

 submitted form 80’s for low risk building work;
 Whether any natural hazard considerations affect the lands;
 Question 31 (a) add a new section (iii) asking about onsite water waters systems
approved prior to the Plumbing Regulations 1994
 Questions 38-40 be revised to ask whether notifiable building work has been completed
and then to provide details regardless of the answer; and
2. revisions to the Property Agents and Land Transactions Act 2016 to consider:
a) requiring a 337 certificate prior to listing of a property and making it available as part of
the sale process; and
b) seeking full disclosure for properties as part of the listing process rather than the current
process.
DECISION
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18 December 2018
Dev 2 - Attachment 1
Current 337 Certificate
SCHEDULE 5 - COUNCIL LAND INFORMATION CERTIFICATE

Section 337 Local Government Act 1993
Regulation 45(a)
MUNICIPALITY OF WEST TAMAR
Certificate No:
Specified Land (Property Address):
Specified Highway(s) (Public road or street frontage) *1
Unique Property Identification No(s). (UPI) or Property Identification No(s). (PID) *2:
Title Reference(s) *2:
Name of Applicant:
Postal Address:
I certify that the information provided in this certificate in response to the questions in Parts 1
to 6 on the attached pages is derived from the existing records of the Council as they relate
to the specified land as at the date shown below and is true and accurate according to those
records.
West Tamar Council
Signed
Date
*1. If a property is on the corner of 2 highways, specify both.
*2. If land is on 2 or more certificates of title but identified by one unique PID, specify all the
certificates of title to which this certificate relates.
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18 December 2018
SCHEDULE 6 - Questions
Regulation 45(b)
PART 1 - Statutory Notices and Orders
Part 12 of the Local Government Act 1993
No. Question Answer
1. Fencing and land repair notices under Division 2 of Part 12 of Act
(a) Has the council a record of having Building
served a notice under Division 2 of Part Bylaws
12 of the Act in relation to the specified Health
land and the notice has not been Planning
satisfied?
(b) If YES to (a), provide particulars. Building
Bylaws
Health
Planning
2. Abatement notice under section 200 of Act

(a) Has the council a record of having Bylaws
served an abatement notice on the Health
owner under section 200 of the Act in
relation to a nuisance affecting the
specified land and the notice has not
been satisfied?
(b) If YES to (a), has the council Bylaws
decided to take action to abate the Health
nuisance at the owner’s expense?
(c) If YES to (b), provide particulars. Bylaws
Health
3. Court order for abatement of nuisance

(a) Has the council a record showing Bylaws
that a nuisance still exists affecting the Health
specified land in contravention of a
Court order made under section 203 of
the Act?
(b) If YES to (a), provide particulars. Bylaws
Health
Land Acquisition Act 1993
No. Question Answer
4. Notice of acquisition
(a) Has the council a record of having Corporate
served a notice to treat under Part 2 of Services
the Act in relation to the proposed
acquisition of the specified land or any
part or interest in that land and the
notice has not been withdrawn?
(b) If YES to (a), provide particulars. Corporate
Services
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18 December 2018
P
PART 2 - Health and Environmental Matters
Public Health Act 1997

No. Question Answer
5. Closure order
(a) Has the council a record of Health
having served on the owner or
occupier of the specified land a
closure order, or interim closure
order, made under section 87 of
the Act, in relation to the unsafe
state of premises on the
specified land for the purposes of
human occupation or habitation
and the order has not been
satisfied?
(b) If YES to (a), provide Health
particulars.
6. Licences and registration
having issued a licence or
certificate of registration under
Part 5 (Premises) or Part 6
(Water) of the Act affecting
premises on the specified land?
particulars.
7. Rectification notice
having served a rectification
notice under section 92 of the
Act regarding the condition of
premises on the specified land
and the notice has not been
satisfied?
particulars.
IMPORTANT: Prospective purchasers are advised that if a stainless steel water tank
manufactured after 1 March 2010 and before February 2013 is situated on the property, the
purchaser may wish to confirm that the tank was not manufactured by the former Tasmanian
business known as Kingston Sheet Metal. Water stored in a tank manufactured by this business
may become contaminated by lead and not be fit for human consumption. For further
information, contact Environmental Health Services in the Department of Health and Human
Services on phone number 1800 671 738.
Food Act 2003
No. Question Answer

8. Improvement notice
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18 December 2018
having issued an improvement
notice under section 60 of the
Act to the proprietor of a food
business operating from
premises on the specified land
and the notice has not been
satisfied?
particulars.
9. Prohibition order
having served on the owner or
occupier of the specified land a
prohibition order under section
62 of the Act relating to the
premises or equipment on the
specified land and the order has
not been satisfied?
particulars.
Environmental Management and Pollution Control Act 1994
No. Question Answer
10. Environment protection notice
having issued and served
under section 44 of the Act an
environment protection notice,
the requirements of which have
not been satisfied, in relation to
an activity on the specified land
involving the causing, or likely
causing, of serious
environmental harm, material
environmental harm, or
environmental nuisance, as
defined by that Act?
particulars.
IMPORTANT: The Director, Environmental Protection Authority, may also issue under the Act
notices, in respect of an activity or land, the requirements of which may not have been satisfied.
If such a notice relates to an activity, the record of the notice will be held by the Director. If the
notice relates to land, including in relation to site contamination of the land, the Director is
required to register the notice on the title to the land.
Burial and Cremation Act 2002
No. Question Answer

11. Grave on private land
having given permission under
section 41 of the Act for the
interment of human remains in
a grave on the specified land?
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18 December 2018
(b) If YES to (a), was the Health
permission made subject to
any conditions as to the
location and identification of the
grave and continuing access to
that site, or for other measures
to be taken on the specified
land? Provide particulars.
PART 3 - Planning and Development
Land Use Planning and Approvals Act 1993

No. Question Answer
INTRODUCTORY NOTE: The specified land will be subject to statutory planning provisions that
are additional to those referred to in the Council Land Information Certificate. These may
include provisions relating to local heritage or natural hazards or risks such as bushfire,
landslide, flooding and contamination and other provisions.
Advice should be sought from the council in respect of any additional provisions. An application
for this additional information is to be made separately from an application for a certificate under
section 337 of the Act and may attract a further fee or charge.
12. Planning scheme or special planning order
(a) Is the specified land subject Planning
to any planning scheme or
special planning order under
the Act?
(b) If YES to (a), what is the Planning
name of the planning scheme
or special planning order?
13. Zoning
(a) What is the current zoning Planning
applicable to the specified land
under that planning scheme or
special planning order?
(b) Has the council a record of
having initiated an amendment
to the planning scheme under
Part 3 of the Act that changes
the current zoning –
(i) of the specified land; or Planning
(ii) of land that adjoins the Planning
specified land (other than
adjoining land in a neighbouring
municipal area) –
and that amendment has not
been determined?
(c) If YES to (b)(i) or (b)(ii), Planning
provide particulars.
14. Planning permit
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18 December 2018
(a) In relation to the specified Planning
land, has the council a record
of an application having been
made for a permit, or a permit
having been granted, under
either section 57 or 58 of the
Act?
(b) If YES to (a), inform the Planning
purchaser about how to obtain
further information from the
council.
IMPORTANT: Prospective purchasers are advised that an application for a permit may have
been made, or a permit granted, under section 57 or 58 of the Land Use Planning and
Approvals Act 1993 in relation to land that adjoins the specified land.
The grant of a permit in relation to land that adjoins the specified land may affect your use and
enjoyment of the specified land. If you wish to know whether an application for a permit has
been made or a permit has been granted in relation to land that adjoins the specified land you
will need to contact the council. A request for this additional information is to be made
separately from an application for a section 337 certificate and may attract a further fee or
charge.
15. Planning appeal
(a) Has the council a record of Planning
an appeal having been lodged
under section 61 of the Act
against the grant by the council
of a permit in relation to the
specified land and that appeal
has not been determined?
(b) If YES to (a), provide Planning
particulars.
16. Obstruction of sealed scheme
a person using or undertaking
development on the specified
land or doing any other act in
relation to the specified land in
contravention of section 63(2)
of the Act?
(b) If YES to (a), has the Planning
council decided to take action
to commence proceedings in
relation to that offence?
17. Civil enforcement proceedings
civil enforcement proceedings
having been commenced in
relation to the specified land
under section 64 of the Act and
those proceedings have not yet
been determined?
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18 December 2018
(b) If YES to (a), provide Planning
particulars to identify the
proceedings.
18. Planning enforcement proceedings
having issued in relation to the
specified land any of the
following:
(i) an infringement notice to a Planning
body corporate under section
65A of the Act?
(ii) a notice of intention to issue Planning
an enforcement notice under
section 65B of the Act?
(iii) an enforcement notice Planning
under section 65C of the Act?
(iv) a notice of intention to Planning
cancel a permit under section
65F of the Act?
(v) a notice of cancellation of a Planning
permit under section 65G of the
Act?
(b) If YES to any of the matters Planning
in (a), provide particulars.
19. Agreement under Part 5 of the Act
having entered into an
agreement under Part 5 of the
Act with the current owner or a
previous owner of the specified
land ?
(b) If YES to (a) and the Planning
agreement is not recorded on
the certificate of title, provide
particulars.
Historic Cultural Heritage Act 1995
IMPORTANT: If the specified land, or part of it, is listed on the Tasmanian Heritage Register,
any works or developments on the land must have heritage approval under the Historic Cultural
Heritage Act 1995.
Enquiries should be directed to Heritage Tasmania.
Mineral Resources Development Act 1995
No. Question Answer
20. Notification of landslip status
(a) Has the council a record of
having been notified by a State
Agency that –
(i) the specified land is within a Planning
declared landslip area; or
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18 December 2018
(ii) an order is to be made, Planning
under Part 9A of the Act, that
will apply to the specified land?
(b) If YES to (a)(i), what type of Planning
landslip area has been
declared to apply to the
specified land? Provide
particulars.
(c) If YES to (a)(ii), what is the Planning
nature of the order to be made
under Part 9A of the Act,
applicable to the specified
IMPORTANT: If "No" to question 20(a), it should be noted that there are only a small number of
declared landslip areas in Tasmania. Although the specified land is not within a declared
landslip area it may be prudent for the purchaser to consider whether the slope stability of the
land will support the proposed use. If the specified land is on or adjacent to a slope, slope
stability could be a hazard and it may be necessary to have site-specific geotechnical
investigations carried out.
The council may also require information on geotechnical and other relevant factors about the
specified land before it will consider a building or planning application relating to that land.
Restrictions may also apply to building and development in relation to the specified land.
Further enquiries should be directed to the council.
PART 4 - Highway Construction, Maintenance and Access Matters
Roads and Jetties Act 1935

No. Question Answer
IMPORTANT: The specified land may be affected by statutory limitations on access, the
proclamation of an intended line of a state highway(s) or subsidiary road(s) and other State
road planning matters. Enquiries should be directed to the Department of State Growth.
21. Maintenance and repair of highway

(a) Is the council responsible, Engineer
under section 11 of the Act, for
the maintenance and
reconstruction of part of the
specified highway(s)?
(b) If YES to (a), provide Engineer
particulars.
Local Government (Highways) Act 1982
No. Question Answer

22. Maintenance and repair of highway
(a) Is the council responsible, Engineer
under section 21 of the Act, for
the maintenance of the
specified highway(s)?
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18 December 2018
(b) If YES to (a), is the council’s Engineer
responsibility to maintain the
specified highway(s) limited as
to its extent?
(c) If YES to (b), does the Engineer
council’s responsibility apply to
the part of the specified
highway(s) providing access to
the frontage of the specified
23. Vehicular crossing
(a) Has the council a record of Engineer
having served a notice under
section 35 of the Act requiring
the owner of the specified land
to carry out works for the
construction or repair of a
vehicular crossing over a table
drain, gutter or footpath from
the specified highway(s) at or
opposite the entrance to the
specified land and the notice
has not been satisfied?
particulars.
24. Intention by council to undertake highway reconstruction works
having decided to undertake
any reconstruction works on the
specified highway(s) adjacent
to the part providing access to
land?
(b) If YES to (a), will the Engineer
alteration to the level of the
carriageway require an
alteration to the existing access
to the specified land? Provide
particulars.
25. Alteration to alignment of highway
(a) If YES to question 24, has Engineer
the council a record of having
decided to alter the line of the
reservation of the part of the
specified highway(s) providing
access to the frontage of the
specified land?
particulars of the intended
alignment.
26. Contribution of construction costs
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18 December 2018
(a) Is the council entitled under Engineer
section 51 of the Act to
construct any part of the
specified highway(s), road,
lane, passage or yard at the
expense of the owner of the
specified land?
(b) If YES to (a), has the council Engineer
decided to do so? Provide
particulars.
27. Street construction scheme
having decided to establish a
scheme of street construction
under Part V of the Act in
relation to the part of the
specified highway(s) affecting
land?
particulars of the proposed
scheme as it relates to the
frontage of the specified land.
PART 5 - Reticulated Stormwater and Drainage Services
Urban Drainage Act 2013
No. Question Answer

28. Connection to stormwater system
(a) Has the council a record Plumbing
showing that, on or under the
specified land, there is a private
stormwater system connected
to the public stormwater
system? If YES, provide
particulars.
(b) If NO or UNKNOWN to (a), Plumbing
is the specified land –
(i) within the area marked as Plumbing
being serviced by the council's
public stormwater system on a
map made available under
section 12 of the Act; and
(ii) within 30 metres from the Plumbing
council’s public stormwater
system or a form of drain
capable of providing an
acceptable form of drainage
from the specified land?
29. Existence and maintenance of council public stormwater system
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18 December 2018
(a) Has the council a record Plumbing
showing that there are any
parts of its public stormwater
system under or through the
specified land, whether within
formal easements or not, which
the council is responsible to
maintain?
(b) If YES to (a), provide Plumbing
particulars including purpose or
nature of the public stormwater
system, if known.
30. Notice to owner
(a) Has the council a record of Plumbing
having served on the owner of
the specified land a notice to
take action under the Act and
the notice has not been
satisfied or completed?
(b) If YES to (a), provide Plumbing
particulars.
PART 6 - Building and Plumbing Matters
Building Act 2000
No. Question Answer

31. Special plumbing permit
(a) In relation to the specified
land, has the council a record of
an application having been
made for –
(i) a special plumbing permit Plumbing
under section 79 of the Building Health
Act 2000; or
(ii) a special connection permit Plumbing
under the former Plumbing Health
Regulations 1994?
(b) If YES to (a)(i) or (a)(ii), Plumbing
what was the type of work to Health
which the application related?
Provide particulars.
(c) If YES to (a)(i) or (a)(ii), was Plumbing
the application granted or Health
refused or the permit issued or
refused?
(d) If the application was Plumbing
granted or the permit issued, Health
was it granted or issued on
conditions? If so, provide
particulars.
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18 December 2018
(e) Does the council record Plumbing
show that the proposed Health
plumbing work was carried out
satisfactorily and in accordance
with the conditions, if any, of
the permit?
(f) If the application was Plumbing
granted or the permit issued, Health
has the permit since been
suspended or cancelled for any
reason? If so, provide
particulars.
32. Plumbing permit
made for a plumbing permit
(other than a special plumbing
permit or a special connection
permit) under –
(i) section 78 of the Building Act Plumbing
2000; or
(ii) the former Plumbing Plumbing
Regulations 1994?
what was the type of work to
which the application related?
(c) If YES to (a)(i) or (a)(ii), was Plumbing
the application granted or
refused or the permit issued or
refused?
(d) If the application was Plumbing
granted or the permit issued,
particulars.
(e) If the application was Plumbing
has the council a record of a
certificate of completion
(plumbing work) being issued
under section 113 of the
Building Act 2000?
(f) If the application was Plumbing
has the council a record of a
certificate of completion
(plumbing work) being refused
Building Act 2000?
33. Plumbing notice or order
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18 December 2018
(a) Has the council a record of Plumbing
having issued any plumbing Health
notice or order under Part 11 of
the Building Act 2000 relating to
plumbing work on the specified
land and the notice or order has
not been satisfied?
(b) Has the council a record of Plumbing
having issued a notice under Health
Part 7 of the former Plumbing
Regulations 2004, or Part 7 of
the Building Regulations 2014,
relating to an on-site waste
water management system
installed on the specified land
prior to 15 January 1996?
(c) If YES to (a) or (b), provide Plumbing
particulars. Health
34. Building permit
(a) In relation to the specified Building
made for a building permit
under Part 7 of the Building Act
2000 or the former Building
Regulations 1994?
(b) If YES to (a), what was the Building
type of work to which the
application related?
(c) If YES to (a), was the Building
application granted or refused
or the permit issued or refused?
(d) If the application was Building
particulars.
(e) If the application was Building
has the permit since been
suspended or cancelled for any
reason?
(f) If YES to (e), provide Building
particulars.
35. Occupancy permit
(a) Has the council a record of Building
an application for a certificate of
occupancy under the Building
Regulations 1994, in relation to
a building, or part of a building,
on the specified land?
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18 December 2018
(b) If YES to (a), was a Building
certificate of occupancy issued
under the Building Regulations
1994 or was the application
refused?
(c) If a certificate of occupancy Building
was issued under the Building
Regulations 1994 on
conditions, provide particulars
of the conditions.
(d) If a certificate of occupancy Building
was issued under the Building
Regulations 1994, has the
certificate been cancelled? If
so, provide particulars.
(e) Has the council a record of Building
an occupancy permit being
issued in relation to a building,
or a part of a building, on the
specified land under section
100 of the Building Act 2000?
(f) If YES to (e), provide Building
particulars, including of any
conditions of the permit, and
whether the permit issued has
been cancelled or superseded
by another occupancy permit.
36. Certificate of completion (building work)
any building work, on the
specified land, since 1
November 1994, for which a
permit under the Building Act
2000 was issued and –
(i) a certificate of completion Building
(building work) under section
112 of the Building Act 2000; or
(ii) a certificate of completion Building
under section 49 of the former
Part 2 of the Local Government
(Building and Miscellaneous
Provisions) Act 1993 –
has not been issued?
(b) If YES to (a)(i) or (a)(ii), Building
37. Building certificate
(a) Has the council a record Building
that the general manager has,
within the previous 7 years,
issued a building certificate
Building Act 2000 in relation to
the specified land?
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18 December 2018
(b) If YES to (a), provide Building
particulars.
38. Protection work notice
any protection work notice
lodged under section 121 of the
the specified land?
particulars.
39. Temporary occupancy permits
a temporary occupancy permit,
that is in force, being issued
the specified land?
particulars.
40. Consent to build over existing drain
having written permission being
provided to the owner under –
(i) section 160 of the Building Plumbing
Act 2000; or
(ii) regulation 44 of the former Plumbing
Building Regulations 1994 –
to carry out building work over
or near an existing drain?

41. Certificate of material compliance, permit to proceed or permit of substantial compliance
a certificate of material
compliance for any building on
the specified land having been
issued under the former
Building Regulations 1994?; or
(b) Has the council a record of Building
a certificate of substantial
compliance, or a permit of
substantial compliance, for any
building on the specified land
having been issued under
section 184 or 188 of the
Building Act 2000?; or
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18 December 2018
(c) Has the council a record of a Building
certificate to proceed, or a
permit to proceed, having been
granted under section 176 or
180 of the Building Act 2000?;
or
(d) If YES to (a), (b) or (c), Building
provide particulars of the
relevant certificate or permit.
42. Endorsement of irregular procedures
(a) Does the council record Building
show, on a certificate or permit
relating to building work on the
specified land, an endorsement
to the effect that "This building
was not the subject of the
normal application, permit and
inspection procedures" in
accordance with the former
Building Regulations 1994 or
with section 195 of the Building
Act 2000?
particulars of the building work
to which the endorsement
applies.
43. Notice or order relating to a building or building work
having issued a notice or order
under the former Part 2 of the
Local Government (Building
and Miscellaneous Provisions)
Act 1993 in relation to building
work on the specified land and
that notice or order has not
been satisfied?
any order to uncover, order to
open up work, notice to
demolish or inspection notice
issued under the former
Building Regulations 1994 in
relation to a building or building
work on the specified land and
that order or notice has not
been satisfied?
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(c) Has the council a record of Building
having issued any notice or
order under Part 11 of the
a building, temporary structure,
building work or maintenance of
a building on the specified land
and that notice or order has not
been satisfied?
(d) If YES to (a), (b) or (c), Building
44. Other outstanding notices or orders
having served any other notice
or order on the owner under the
former Part 2 of the Local
Government (Building and
Miscellaneous Provisions) Act
1993 still affecting the specified
land or the use of the specified
land?
any other notice or order being
issued under the Building Act
2000 on the owner or occupier
of the specified land and the
notice or order has not been
satisfied?
(c) If YES to (a) or (b), provide Building
particulars.
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CORP 1 MANAGER CORPORATE REPORT: GIFTS, BENEFITS AND DONATIONS

POLICY AND GUIDELINES
1) Introduction
This report seeks approval of amendments to Council’s Gifts and Benefits Policy and Gifts and
Benefits Guidelines as a result of recent changes to the Local Government Act 1993.
2) Background
As part of an ongoing policy review program Council initially adopted its Gifts and Benefits Policy
and Gifts and Benefits Guidelines in September 2015. These documents apply to both councillors
and officers and were developed to assist Council’ broader risk management program and
specifically aimed at supporting transparency and similar good governance principles.
In August 2018 the State Government passed amendments to the Local Government Act 1993 (the
Act) that made it mandatory for councillors to notify the General Manager of the receipt of prescribed
gifts or donations and for the General Manager to maintain specific information pertaining to received
gifts or donations in a register. The definition of prescribed gifts and benefits and specific information
requirements are outlined in s29A-s29D of the Local Government (General) Regulations 2015.
As a result of this legislative change Council’s policy and guidelines have been reviewed and
redrafted to ensure statutory compliance. As part of this redraft the policy and guidelines have also
been consolidated into a single document with the majority of the content transferred from the
existing documents without material changes (please refer to Attachment 1).
A summary of main considerations and changes follows:

 The draft policy now includes donations and therefore allows the acceptance of cash under
specific circumstances;
 The mandatory reporting level for prescribed gifts, benefits and donations is $50. Council’s
current policy stipulates $80.
 The new statutory requirements do not apply to Council employees however it is
recommended that consistent policy is applied across the organisation as the community
should rightfully expect that Council has in place reasonable steps to uphold the principles of
impartiality, integrity and transparency.
 There is currently no requirement under the Act and Regulations for Councils to make the
register public, however the guidelines developed by the Local Government Division suggest
that “in the interests of transparency and good governance, it is expected Councils will make
a copy of the register available at the Council’s public office and on its website.” Accordingly
the draft policy stipulates the register will be available on the Council website.
The existence of a Gifts, Benefits and Donations Policy supports Council's Strategic Plan
“Organisation that Delivers” objective and the associated strategy that states:
Council will ensure that accountability for governance and risk management is clearly defined and
communicated, and that the associated procedures are continually reviewed and improved upon.
Adoption of the draft policy is consistent with good governance practises and assists Council to meet
its obligations under the Local Government Act 1993.
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18 December 2018
Not applicable.
No external consultation has been undertaken however if implemented Council’s policy on gifts,
benefits and donations will be made available on Council’s website.
Council could choose not to accept the recommendation or may choose to make changes to the
draft documents.
8) Risk Assessment
No foreseen risks. The policy's implementation should help reduce Council's potential exposure to
reputational loss and statutory non-compliance.
9) Financial Impact
Nil.
The adoption of the draft policy will not only help Council meet its statutory obligations but is also
aimed at ensuring Council embraces good governance principles and practices and is able to
promote itself accordingly within the community.
David Gregory
MANAGER CORPORATE
RECOMMENDATION
That Council approves the adoption of the Gifts, Benefits and Donations Policy and Guidelines as
drafted.
DECISION
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CORP 1 - ATTACHMENT 1
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INFRA 1 MANAGER INFRASTUCTURE REPORT: ASSET MANAGEMENT POLICY AND

ASSET MANAGEMENT STRATEGY
1) Introduction
This report seeks Council’s adoption of a revised Asset Management Policy and Asset Management
Strategy.
2) Background
The Local Government Act 1993 (the Act) requires a Council to:
 prepare an asset management policy for the municipal area - Section 70C;
 prepare an asset management strategy for the municipal area - Section 70D; and
 review both the asset management policy and asset management strategy every four years
- Section 70E.
Council’s asset management policy and asset management strategy were last approved by Council
in June 2014 and therefore both documents are now due for review, provided under separate cover.
The asset management policy outlines Council’s overall approach to asset management and the
principles to be adopted in achieving its desired asset management objectives. The asset
management strategy summarises all Council’s asset categories into one document and outlines
how Council’s:
 asset portfolio will meet the service delivery needs of its community into the future;
 asset management policies will be achieved;
 asset management integrates with its long term strategic plan; and
 asset management strategy informs and integrates with key aspects of the long term
financial management plan and Council annual budget process.
To ensure Council’s asset management program remains relevant an Asset Management Team with
representatives from several departments has been established. This group has responsibility for
the ongoing development and implementation of the asset management program including ensuring
that Council’s asset management policy and asset management strategy are regularly reviewed and
updated.
A recent review and update has now been completed and revised versions of the asset management
policy and asset management strategy are now attached for Council’s consideration. While there
has been no significant changes to either document they have both been revised to include the latest
financial and accounting information.
3) Strategic/Annual Plan
An objective of Council’s Strategic Plan 2018-2028 is to ensure the provision and maintenance of an
efficient and effective infrastructure network. In achieving this objective, Council will develop and
maintain Asset Management Plans, and implement periodic reviews of infrastructure plans, policies
and procedures.
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In addition to the obligations under the Act the Local Government (Contents of Plans and Strategies)
Order 2014 establishes the requirements for long term financial management plans, asset
management plans, policies and strategies. Specific requirements are listed below.
Section 8 - Asset Management Policy:

Part (2) An asset management policy of Council is required to include the following matters:
(a) The Council goals and objectives for asset management to facilitate delivery of services.
(b) The principals, requirements and other matters relating to the management of relevant assets
including -
i. Agreed service levels: and
ii. Information on those assets: and
iii. Resourcing for those asset: and
iv. Compliance with all applicable legislation: and
v. Continual improvement of the management of those assets: and
vi. The promotion of sustainability and community resilience: and
vii. Planning for climate change adaptation and mitigation: and
viii. The adoption of whole of life costing:
(c) The assignment of responsibility for the service delivery and for the management of the relevant
assets
Section 9 - Asset Management Strategy:

The asset management strategy of Council is required to include the following matters
a. An outline of the existing asset, and the services provided by the use of those asset:
b. An outline of the condition of each existing asset, including the financial status and the estimated
costs related to the acquisition and the use of the asset during its lifecycle:
c. Details of the goals and objectives of the council related to the delivery of the services provided
by the use of its assets:
d. Details of the asset management strategies of the Council to be implemented to enable the
objectives of the strategic plan of the Council and the asset management policy of the Council
to be achieved
e. A plan for the improvement of the asset management , detailing the programme of tasks to be
completed and the resources required to achieve the relevant minimum core level of asset
maturity and the competence required in the respect of the a asset
Not applicable.
Not applicable.
7) Financial Impact
Existing staff resources have been and will continue to be utilised in developing and maintaining the
Asset Management Policy and the Asset Management Strategy.
Council may choose to make changes to the asset management policy or strategy.
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18 December 2018
9) Risk Assessment
The adoption of the updated Asset Management Policy and Asset Management Strategy will ensure
ongoing development of Council’s overall asset management program and compliance with
legislative requirements. The program is designed to reduce the risk to Council from the premature
failure of assets or the failure to make adequate financial provision for future asset replacement.
10) Asset Management
The adoption of the revised Asset Management Policy and Asset Management Strategy is
fundamental to the implementation of sound asset management systems in Council’s operations and
will bring Council to a comparatively high level of asset management maturity and competence.
Asset management and financial management are two of the fundamental keys to Council’s
sustainability and ability to provide the necessary services to the community. A long term financial
plan is in place and this is linked to the asset management plans that are being developed and
refined continuously. Asset management will continue to improve and mature as better condition
assessment is done, more accurate asset lives are determined and maintenance and replacement
practices are refined.
It is considered appropriate for Council to adopt the latest revisions of its asset management policy
and asset management strategy so as to continue to improve and progress the implementation of
best practice asset management principles within the Council.
Fred Schoenmaker
ASSET MANAGEMENT COORDINATOR
RECOMMENDATION
That Council adopt the revised Asset Management Policy and Asset Management Strategy as
presented.
DECISION
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18 December 2018
/18 MEETING CLOSURE
Moved Cr....................................seconded Cr..................................that, pursuant to Section 15(1) of

the Local Government (Meeting Procedures) Regulations 2015, council close the meeting to the
public.
This motion requires an absolute majority.
ITEMS FOR THE CLOSED SECTION OF THE MEETING:
Confidential Minutes 20 November 2018
Con 1 - Leave of Absence
Con 2 - Leave of Absence
93

West Tamar Council Agenda

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AGENDA

WEB SITE: www.wtc.tas.gov.au

/18 MINUTES ....................................................................................................................... 4

/18 COUNCIL WORKSHOPS ................................................................................................. 4

/18 DECLARATIONS OF PECUNIARY INTEREST ................................................................... 4

COMMUNITY INPUT TIME .............................................................................................. 4

PLAN 1 SENIOR STATUTORY PLANNER’S REPORT: SINGLE DWELLING (VARY FRONT

DEV SER 2 MANAGER DEVELOPMENT REPORT: URGENT REVISIONS TO 337 CERTIFICATE......... 57

INFRA 1 MANAGER INFRASTUCTURE REPORT: ASSET MANAGEMENT POLICY AND ASSET

/18 MEETING CLOSURE .................................................................................................... 93

Item from the closed section of the meeting

CON 1 REQUEST FOR LEAVE OF ABSENCE ........................................................................... 94

CON 2 REQUEST FOR LEAVE OF ABSENCE ........................................................................... 94

WEST TAMAR COUNCIL

 12 noon Luncheon at the Windsor Community Precinct.

/18 COUNCIL WORKSHOPS

/18 DECLARATIONS OF PECUNIARY INTEREST

COMMUNITY INPUT TIME

The general rules for Community Input Time:

 30 minutes maximum period with up to 15 minutes for community ideas

 community input time limits any one speaker to a maximum of 5 minutes

 public question time limits each speaker to a maximum of 3 questions on

“I certify that with respect to all advice, information or recommendation provided to

1. the advice, information or recommendation is given by a person who has the

PLAN 1 SENIOR STATUTORY PLANNER’S REPORT: SINGLE DWELLING (VARY

Development application PA2018267

The proposed dwelling comprises of the following:

Ground floor: single garage, entry, stairwell, lift and storage.

3) Strategic/Annual Plan/Council Policy

 10.4.2 A1 (a) front boundary setback

The detailed assessment report was provided as Attachment 3 to this report.

The application did not require State Government referral.

Karin van Straten

B. This permit takes effect after:

Proposed single dwelling

Proposed single dwelling

The proposed dwelling comprises of the following:

Ground floor: single garage, entry, stairwell, lift and storage.

SITE CONSTRAINTS/APPLICABLE OVERLAYS

The proposal complies with the following Acceptable Solutions:

10.4.2 Setbacks and building envelope for all dwellings

Objective: To control the siting and scale of dwellings to:

P3 The siting and scale of a dwelling must:

Codes applicable to the application

E3.0 Landslip Code applies to the application

PLAN 2 STATUTORY PLANNER’S REPORT: PLEASURE BOAT FACILITY (40

3) Strategic/Annual Plan/Council Policy

The detailed assessment report was provided as Attachment 3 to this report.

DEFECTS LIABILITY PERIOD FOR PUBLIC LANDSCAPING

SITE LANDSCAPING PLAN

B. This permit takes effect after:

SITE CONSTRAINTS/APPLICABLE OVERLAYS

13 Rural Living zone

13.1.2 Local Area Objectives

13.1.3 Desired Future Character Statements

13.3 Use Standards

It does not rely on any discretions.

29 Environmental Management Zone

29.1.2 Local Area Objectives

29.1.3 Desired Future Character Statements

Discretions relied on:

Codes applicable to the application:

E4.0 Road and Railway Assets Code

E4.6.1 Use and road or rail infrastructure