Application for Planning Permit - tasman.tas.gov.au

TASMAN COUNCIL 1713 Main Road, Nubeena TAS 7184

Tel 03 6250 9200 Fax 03 6250 9220

Email [email protected]

Web www.tasman.tas.gov.au

ABN 63590070717

Application for Planning Permit The personal information requested on this form is being collected by council for purpose set out in the title of the form. The personal information will be used solely by council for the primary purpose or directly related purposes. The applicant understands that personal information is provided for the above mentioned function and that he/she may apply to council for access to and/or amendment of the information. Requests for access or correction should be made to Tasman Council’s Customer Service Officer.

APPLICANT DETAILS*

FULL NAME

POSTAL ADDRESS

POSTCODE

PHONE (BUSINESS HOURS)

FAX

MOBILE

EMAIL

OWNERS DETAILS (IF DIFFERENT)*

FULL NAME

POSTAL ADDRESS

POSTCODE

PHONE (BUSINESS HOURS)

MOBILE

DESCRIPTION OF PROPOSED DEVELOPMENT*

New Dwelling

Subdivision

Change of Use

Commercial/ Industrial Building

New Shed/ Outbuilding

Extension/ Addition

Demolition

Other (please specify – right)

______________________

______________________

PRESENT USE OF LAND/ BUILDING(S)

LOCATION OF PROPOSED DEVELOPMENT*

ADDRESS

CERTIFICATE OF TITLE LOT NUMBER

FLOOR AREA

Existing floor area (square metres): Proposed floor area (square metres):

CAR PARKING

Number existing Number proposed

Tasman Council, 1713 Main Road NUBEENA TAS 7184 Form No. 13 – Application for Planning Permit PH: (03) 6250 9200 Created: 10/10/06 Updated: 06/02/14 Printed: 2/02/21 2

SITE CONTAMINATION

Have any potentially contaminating uses been undertaken on this site? (Refer to list provided on page 5)

Yes

No

TASMANIAN HERITAGE REGISTER

Is this property on the Tasmanian Heritage Register? Yes

No

VALUE (mandatory field)

Value of work (inc. GST)

PRE-APPLICATION DISCUSSIONS*

HAVE YOU HAD PRE-APPLICATION DISCUSSIONS WITH A COUNCIL OFFICER? (If yes, please specify officers name, if known) ___________________________

Yes

No

DECLARATION BY APPLICANT*

I/ we declare that the information given is a true and accurate representation of the proposed development; and I/ we am/ are liable for the payment of Council application processing fees, even in the event of the development not proceeding; and I/ we authorise Tasman Council to provide a copy of my documents relating to this application to any person for the purpose of assessment and public consultation and agree to arrange for the permission of the copyright owner of any part of this application to be obtained.

SIGNATURE OF APPLICANT

NAME OF APPLICANT (PLEASE PRINT)

DATE

DECLARATION IF APPLICANT IS NOT THE OWNER

I hereby declare that I am the applicant for the development at the address detailed in this application for a planning permit, and that I have notified the owner/s of the land for which I am making this application, in accordance with Section 52(1a) of the Land Use Planning and Approvals Act 1993.

SIGNATURE OF APPLICANT

NAME OF APPLICANT (PLEASE PRINT)

DATE

NAME/S OF OWNER/S NOTIFIED

DATE


DECLARATION IF LAND IS COUNCIL OR CROWN LAND

If the land that is the subject of this application is owned or administered by either the Crown or Tasman Council, the consent of the Minister of the Crown or the General Manager of the Council, whichever is applicable, must be included here. This consent should be completed and signed by either the Minister, the General Manager of Tasman Council, or their delegate (as specified in Subsections 52(1d-1g) of the Land Use Planning and Approvals Act 1993).

DECLARATION

I, ___________________________________________________ being responsible for the administration of land at ____________________________________________________ declare that I have given permission for the making of this application.

SIGNATURE OF MINISTER/ GENERAL MANAGER

DATE

NON-RESIDENTIAL DEVELOPMENTS Note: This section must be completed for all applications for non-residential uses, home occupations and domestic/ residential businesses or other managed/ commercial residential uses (e.g. hostel or motel).

HOURS OF BUSINESS

CURRENT PROPOSED

Monday to Friday Monday to Friday

Saturday Saturday

Sunday Sunday

NUMBER OF EMPLOYEES

CURRENT PROPOSED

Total Employees Total Employees

Employees on Site Employees on Site

PLANT/ MACHINERY

Is there any large plant or machinery that would need to be installed or used on site such as refrigeration units and generators? (If yes, please list below the type of machinery and ensure location, dimensions etc are clearly marked on your plans.)

Yes

No

OUTDOOR STORAGE/ SEATING/ NUMBER OF BEDS

Is outdoor storage proposed? (If yes, please ensure that your plans show where the outdoor storage areas are and what type of goods are stored. This information will help us assess the impact of the proposal on the amenity.

Yes

No

If you are proposing a night club, café or the like, what is the number of seats proposed including the capacity at any bar area?

Please ensure that the arrangements are shown on your plans. This information enables us to assess the car parking arrangements.

If you are proposing a hotel, motel, visitor accommodation, hostel or the like, what is the number of beds proposed?

Please ensure the beds are clearly indicated on your plans. This information enables us to assess the car parking arrangements.

GOODS DELIVERIES

Will there be any goods deliveries to and from the site? (If yes, please estimate the number and type of vehicles and how often they will make trips.)

Yes

No

Type and Size of Vehicle

Number of Vehicles on Site

Trip Frequency per Month


CHECKLIST

To ensure that we can process you application as quickly as possible, please read the following checklist carefully to ensure that you have provided the following at the time of lodging the application. If you are unclear on any aspect of your application, please phone (03) 6250 9200 to discuss or arrange an appointment concerning your proposal. Note that, in accordance with Section 54 of the Land Use Planning and Approvals Act 1993, Council may require additional information. 1. A completed Application for Planning Permit Form. Please ensure that the form provides an

accurate description of the proposal, has the correct address and contact details and is signed and dated by the applicant.

2. A current copy of the Certificate of Title for all lots involved in the proposal. The title details

must include, where available, a copy of the search page, title plan, sealed plan or diagram and any schedule of easements (if any), or other restrictions, including covenants. Council notification or conditions of transfer.

3. One (1) copy of the following information (email submissions are accepted):

a. An analysis of the site and surrounding area setting out accurate descriptions of the following: i. topography and major site features including an indication of the type and extent of native vegetation present, natural drainage lines, water courses and wetlands, trees greater than 5 metres in height in areas of skyline or landscape importance and identification of any natural hazards including flood prone areas, high fire risk areas and land subject to instability; ii. soil conditions (depth, description of type, land capability etc); iii. the location and capacity of any existing services or easements on the site or connected to the site; iv. existing pedestrian and vehicle access to the site; v. any existing buildings on the site; vi. soil and water management plans.

b. A site plan for the proposed use or development, drawn at a scale of not less than 1:200 (1:1000 for sites in excess of 1 hectare), showing: i. a north point; ii. the boundaries and dimensions of the site; iii. Australian Height Datum (AHD) levels; iv. natural drainage lines, watercourses and wetlands; v. soil depth and type vi. the location and capacity of any existing services or easements on the site or connected to the site; vii. the location of any existing buildings on the site, indicating those to be retained or demolished, and their relationship to buildings on adjacent sites, streets and access ways; viii. the use of adjoining properties; ix. shadow diagrams of the proposed buildings where development has the potential to cause overshadowing; x. the dimensions, layout and surfacing materials of all access roads, turning areas, parking areas and footpaths within and at the site entrance; xi. any proposed private or public open space or communal space or facilities; xii. proposed landscaping, indicating vegetation to be removed or retained and species and mature heights of plantings; and xiii. methods of minimizing erosion and run-off during and after construction and preventing contamination of storm water discharged from the site.

c. Plans and elevations of proposed and existing buildings, drawn at a scale of not less than 1:100, showing internal layout and materials to be used on external walls and roofs and the relationship of the elevations to natural ground level showing any proposed cut or fill.

4. A written submission supporting the application that demonstrates compliance with the

relevant parts of the Act, State Policies and planning scheme. 5. Application Fees. Please contact the Council’s Building & Development Services Officer on (03) 6250 9200 for details

of fees.


POTENTIALLY CONTAMINATING ACTIVITIES

Agricultural Fertiliser Manufacture Metal Founders

Asbestos Production and Manufacture Metal Sprayers

Battery Manufacture and Recycling Metal Treatments and Picklers

Chemical Manufacture or Formation Mining and Extractive Industries

Defence Establishments and Training Areas Pest Controllers (being areas where pest control chemicals are stored or vehicles and tanks used in connection with pest control are washed.)

Drum Reconditioning Wastes Petroleum and Petrochemical Industries

Dry Cleaning Establishments Pharmaceutical Manufacture or Formation

Electroplating Printers

Explosives Production and Storage Railway Yards

Fuel Depots and Storage Areas Sanitary and Refining

Galvanisers Scrap Yards

Gas Works Service Stations

Gun, Pistol and Rifle Clubs Smelting and Refining

Hazardous Waste Landfills Tannery or Fellmongery or Hide Curing Works

Industrial Cleaners Wood Treatment and Preservation Sites

Lime Burners

DEFINITION OF OWNER

“Owner” means any of the following:

(a) in the case of a fee simple estate in land – the person in whom that estate is vested;

(b) in the case of land not registered under the Land Titles Act 1980 and subject to a mortgage – the person having, for the time being, the equity of redemption in that mortgage;

(c) in the case of the land held under a tenancy for life – the person who is the life tenant;

(d) in the case of land held under a lease of a term not less than 99 years or for a term of not less than such other prescribed period – the person who is the lessee of the land;

(e) in the case of land in respect of which a person has a prescribed interest – that person;

(f) in the case of Crown Land within the meaning of the Crown Lands Act 1976 – the Crown on right of the State of Tasmania

OFFICE USE ONLY:

Planning Fees

$___________

Advertising Fees $___________

Receipt No: _______________ Date of Receipt: ____________

Building Self-assessment Form 1 of 3

Director’s Determination – Short or Medium Term Visitor Accommodation

BUILDING SELF-ASSESSMENT FORM


Section 20(1)(e) of Building Act 2016

This building self-assessment form must be completed in the following situations where the property is

used or intended to be used for visitor accommodation, and a fee is being charged for such use:

owner occupiers of residential premises of more than four bookable rooms, or

investment properties or shacks (not occupied by the owner) that have a gross floor area of not

more than 200m2 per lot used for visitor accommodation.

The completed form must be lodged with the relevant Permit Authority. If any premises intended to be let for short-term visitor accommodation is a lot in a strata title scheme, and any other premises in that scheme are occupied as a residence by long term residents, the proponent is not permitted to use the building self-assessment process, unless the premises is located within Activity Area 1.0 Inner City Residential (Wapping) under the Sullivans Cove Planning Scheme 1997.

To: Permit Authority

Address

Suburb/postcode

Owner / Occupier details: (Only an owner or occupier may complete this form)

Owner / Occupier: (Delete one not applicable)

Postal Address:

Phone

No:

Email address:

Address of Property used or intended to be used for Visitor Accommodation:

Street Address:

Certificate of Title Reference No.

Owner / Occupier Declaration:

I/we, as the owner / occupier of the property, declare that the property meets the following minimum building requirements, as set out below:

Name: [print] Signed Date

Owner/Occupier: (Delete one not applicable)



Occupancy Permit: (Must tick one)

The owner or occupier is to declare that –

(a) if an occupancy permit has been issued, the premises is fit for occupation consistent with

that permit, and the maximum number of occupants stated on the permit will not be

exceeded;

OR

(b) an occupancy permit or occupancy certificate was not required (as the premises was

constructed / altered before 1994).

Plumbing: (Must tick (a) or (b) and (c) or (d))


(a) the premises is connected to a reticulated sewerage system;

OR

(b) the premises is connected to an on-site wastewater management system that:

• is in good working order and will be maintained to perform to the same standard as it

was designed; and

• has a land application distribution area designed, installed and in good serviceable

condition; and

• the maximum number of occupants of the premises the system is designed for is not

exceeded; and

• there is a maintenance contract in place for the servicing of the system.

(c) the premises is connected to a reticulated drinking water supply system;

OR

(d) a private drinking water supply (including from a tank, well, dam, etc.) is provided for the

premises that meets the requirements of the Public Health Act 1997.

Essential Building Services:

(Must tick one)


(a) regarding Essential Building Services, the premises has an approved schedule of

maintenance, and fire safety features are maintained in accordance with Part 7

(regulations 72 to 78) of the Building Regulations 2016 and the Director’s Maintenance of

Prescribed Essential Building Services Determination;

OR

(b) the premises is not required to have an approved essential maintenance schedule, but

the following fire safety features are installed and maintained in accordance with

manufacturer’s instructions:

• a smoke alarm with a 10-year non-removable lithium battery, or

• a hard wired smoke alarm (and are interconnected where there is more than one

alarm fitted);

(a) if any storey of the premises contains a bedroom –

(i) installed in every corridor, or hallway, situated in the storey, that is associated

with a bedroom; and



(ii) if there is no corridor, or hallway, situated in the storey, that is associated with a

bedroom, between that part of the premises containing the bedroom and the

remainder of the premises; and

(b) in any other storey of the premises that does not contain a bedroom.

• If multistorey premises are let for visitor accommodation:

i. emergency evacuation lighting is provided; and

ii. exits are provided that are clearly marked and mapped for the visitor.

Building Act 2016


I, Dale Edward Webster, in my capacity as Director of Building Control, and acting pursuant to section 20(1)(e) of the Building Act 2016 and regulation 8(l) of the Building Regulations 2016, hereby make the following Determination.

Determination title Short or Medium Term Visitor Accommodation

Description This Determination specifies the additional requirements and obligations in respect of premises used or intended to be used for short or medium term accommodation for persons away from their normal place of residence

Version Version 1.1

1 July 2018

Application For the purposes of section 20(3)(b) of the Act:

• this Determination applies from the date of its approval until its revocation; and

• Version 1.0 of the Short or Medium Term Visitor Accommodation Determination is revoked effective from the Director’s approval of Version 1.1

Date of Director’s approval

1 July 2018

Dale Edward Webster Director of Building Control Consumer, Building and Occupational Services Department of Justice


Page 2 of 6

Contents 1. Application of Determination ..................................................................................................... 3

2. Interpretation ................................................................................................................................. 3

3. Four or less bookable rooms ..................................................................................................... 4

4. When Building Self-assessment by owner is permitted ........................................................ 4

Self-assessment criteria: .................................................................................................................. 4

Occupancy Permit ............................................................................................................................ 4

Plumbing .............................................................................................................................................. 5

Essential Building Services ............................................................................................................... 5

5. Building Self-Assessment not permitted for strata title lots ................................................ 6

6. Visitor Accommodation - Other Issues ................................................................................... 6

Document Development History

Version Application date

Reason Sections amended

1.1 1 July 2018 Amended to reflect changes made to Planning Directive No. 6

4 – Floor area of investment properties and shacks changed to 200m2;

5 – Restrictions on Self Assessment where the premises let are part of a Strata Title scheme.

1.0 1 July 2017 Initial release -


Page 3 of 6

1. Application of Determination This Determination applies only to existing dwellings or residential premises where a fee is being charged for the use of short or medium term visitor accommodation.

Visitor accommodation for the purposes of this Determination does not include the use of a dwelling or residential premises by family or friends of the owner or occupier, unless a fee is being charged or consideration made.

2. Interpretation Except as provided below, the terms used in this Determination are the same as those defined in the Building Act 2016 and the Building Regulations 2016.

“Access to Premises Standard” means the Disability (Access to Premises – Buildings) Standards 2010, made under the Commonwealth’s Disability Discrimination Act 1992

“bookable room” means a bedroom available as part of visitor accommodation.

“Bushfire Hazard Management Plan” means a plan showing means of protection from bushfires approved by the Tasmania Fire Service.

“consideration” means the price that is asked by the owner of a dwelling or residential premises in exchange for the use of the dwelling or residential premises.

“Essential Building Services” means features of premises that are necessary for the health, safety and amenity of occupants, that are required to be maintained in proper working order by the owner. Examples of Essential Building Services relevant to this Determination are:

• smoke alarms (all premises)

• emergency lighting for occupant evacuation (in multistorey premises)

• on-site wastewater management systems (non-sewered areas only)

• a bushfire hazard management plan (premises in a bushfire hazard area only)

“investment property” means a dwelling or residential premise that is not the owner’s principal or normal place of residence.

“lot” means a section of premises in a strata scheme that is owned separately by an individual owner, where there is at least one other lot, and common property shared between the lot owners.

“multistorey” means premises with two or more habitable levels that can be let for accommodation.

“occupancy permit” means the assessment and certification of premises stating that it is fit for occupation, and sets the maximum number of occupants who may occupy it. A licensed building surveyor issues these permits.

“premises” includes a building and the land associated with it.


Page 4 of 6

“shack” means a dwelling that is erected on land under a lease or license, in accordance with the definition of “shack” in the Crown Lands (Shack Sites) Act 1997.

“strata title scheme” means a particular type of development that individually divides a premises into 'lots' and 'common property', and which specifies a system of management.

“visitor accommodation” means the use of an existing dwelling or residential premises to provide for short or medium term accommodation for persons away from their normal place of residence, where –

(a) a fee is being charged or consideration made for the use of the premises; and

(b) at no time is any person, other than the owner or occupier, to reside in the premises for any period exceeding three months within any 12-month period.

3. Four or less bookable rooms There are no additional requirements under the Building Act 2016 for owners or occupiers of a dwelling or residential premises used or intended to be used for short or medium term visitor accommodation, if the property is their main place of residence and it has no more than four bookable rooms that are available to be let to visitors.

However if building work is required as part of converting the dwelling or residential premises to visitor accommodation then:

• the owner may need to take into account the requirements of the Access to Premises Standard; and

• if the premises is in a bushfire prone area, there may be a need to create or review a Bushfire Hazard Management Plan for it.

4. When Building Self-assessment by owner is permitted A Building Self-assessment form must be completed in the following situations where the property is used or intended to be used for visitor accommodation:

• owner occupiers of residential premises of more than four bookable rooms, or

• investment properties or shacks (not occupied by the owner) that have a gross floor area of not more than 200m2 per lot (this area relates to the floor area of the habitable building and not just the part of it intended to be let for visitor accommodation).

Self-assessment criteria:

A Building Self-assessment is required before the owner is able to declare that their property meets the following minimum building requirements:

Occupancy Permit



Page 5 of 6

(a) If an occupancy permit had been issued, the premises is fit for occupation consistent with that permit, and the maximum number of occupants stated on the permit will not be exceeded; or

(b) an occupancy permit or occupancy certificate was not required (as the premises was constructed/ altered before 1994);

Plumbing


(a) the premises is connected to a reticulated sewerage system; or

(b) the premises is connected to an on-site wastewater management system that –

o is in good working order and will be maintained to perform to the same standard as it was designed; and

o has a land application distribution area designed, installed and in good serviceable condition; and

o the maximum number of occupants of the premises the system is designed for is not exceeded; and

o there is a maintenance contract in place for the servicing of the system.

(c) the premises is connected to a reticulated drinking water supply system; or

(d) a private drinking water supply (including from a tank, well, dam, etc.) is provided for that meets the requirements of the Public Health Act 1997.

Essential Building Services


(a) Regarding Essential Building Services, the premises has an approved schedule of maintenance, and fire safety features are maintained in accordance with Part 7 (regulations 72 to 78) of the Building Regulations 2016 and the Director’s Maintenance of Prescribed Essential Building Services Determination; or

(b) the premises is not required to have an approved essential maintenance schedule, but the following fire safety features are installed and maintained in accordance with the manufacturer’s instructions:

o a smoke alarm with a 10-year non-removable lithium battery, or

o a hardwired smoke alarm (and are interconnected where there is more than one alarm fitted);

1. if any storey of the premises contains a bedroom –


Page 6 of 6

(i) installed in every corridor, or hallway, situated in the storey, that is associated with a bedroom; and

(ii) if there is no corridor, or hallway, situated in the storey, that is associated with a bedroom, between that part of the premises containing the bedroom and the remainder of the premises; and

2. in any other storey of the premises that does not contain a bedroom.

o If multistorey premises are let for visitor accommodation:

(i) emergency evacuation lighting is provided and

(ii) exits are provided that are clearly marked and mapped for the visitor.

5. Building Self-Assessment not permitted for strata title lots If any premises intended to be let for short-term visitor accommodation, is a lot in a strata title scheme, and any other premises in that scheme are occupied as a residence by long term residents, the proponent is not permitted to use the Building Self-Assessment process. Instead, application must be made to the council planning authority for the intended use of the premises, as a discretionary development.

6. Visitor Accommodation - Other Issues Owners or occupiers of premises used or intended to be used for visitor accommodation in a bushfire prone area should ensure they have a current Bushfire Hazard Management Plan and that the plan is reviewed regularly. An evacuation plan should also be prepared and be readily available to persons staying at the premises.

Owners or occupiers of dwellings or residential premises used or intended to be used for visitor accommodation, may need to review their insurance policies covering personal injury or loss caused to the visitors (commonly known as public liability insurance). Owners should seek their own independent advice on this issue as many domestic insurance policies may not cover the use of premises for visitor accommodation.

Planning Directive No. 6 Exemption and Standards for Visitor

Accommodation in Planning Schemes

This Planning Directive has been issued by the Minister for Planning under section 13(1) of the former provisions of the Land Use Planning and Approvals Act 1993 (the Act) and came into effect on 1 August 20181. It replaces Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes which came into effect on 1 July 2018

1 References to provisions of the Land Use Planning and Approvals Act 1993 (the Act) are references to the former provisions of the Act as defined in Schedule 6 – Savings and transitional provisions of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Act) 2015. The former provisions apply to a planning scheme that was in force prior to the commencement day of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Act) 2015. The commencement day was 17 December 2015.

This Planning Directive came into effect on 1 August 2018 2

Version Issue date Description 1.0 1 July 2018 Original version, replaces Interim Planning Directive

No. 2 2.0 1 August 2018 Modification to clarify clause 3.1(e) Acceptable

Solution A1

Planning Directive No. 6 Exemption and Standards for Visitor Accommodation in Planning Schemes


1.0 Citation

This planning directive may be cited as Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes.

2.0 Application

2.1 This planning directive applies to the following planning schemes:

(a) interim planning schemes that have been declared or made under the Land Use Planning and Approvals Act 1993 (the Act);

(b) notwithstanding 2.1(a), the area identified as Battery Point Heritage Precinct (BP1) in the Hobart Interim Planning Scheme 2015 is excluded from the application of 3.1(c), 3.1(d) and 3.1(e);

(c) the Flinders Planning Scheme 2000; and

(d) the Sullivans Cove Planning Scheme 1997.

3.0 Effect of the planning directive (Mandatory provisions)

3.1 For all interim planning schemes to which this planning directive applies must have the effect that:

(a) the description for the Use Class of Visitor Accommodation is:

use of land for providing short or medium term accommodation, for persons away from their normal place of residence, on a commercial basis or otherwise available to the general public at no cost. Examples include a backpackers hostel, bed and breakfast establishment, camping and caravan park, holiday cabin, holiday unit, motel, overnight camping area, residential hotel and serviced apartment.

(b) the following use is exempt from requiring a planning permit:

Visitor Accommodation in a dwelling (including an ancillary dwelling) if:

(i) the dwelling is used by the owner or occupier as their main place of residence, and only let while the owner or occupier is on vacation or temporarily absent; or

(ii) the dwelling is used by the owner or occupier as their main place of residence, and visitors are accommodated in not more than 4 bedrooms.

(c) unless 3.1(b) applies, Visitor Accommodation is ‘Permitted’ with no qualification within the Use Tables for General Residential Zone, Inner Residential Zone, Low Density Residential Zone, Rural Living Zone, Environmental Living Zone and Village Zone.

(d) Unless 3.1(b) applies, the following standards must be complied with:

(i) all relevant zone development standards for buildings and works; and

(ii) all relevant use and development standards if within an applicable zone or code.

(e) the following use standard for Visitor Accommodation is in substitution for all Visitor Accommodation use standards in the General Residential Zone, Inner Residential Zone, Low Density Residential Zone, Rural Living Zone, Environmental Living Zone and Village Zone:

http://www.iplan.tas.gov.au/pages/plan/book.aspx?exhibit=claips









Visitor Accommodation

Objective:

That Visitor Accommodation:

(a) is compatible with the character and use of the area; (b) does not cause an unreasonable loss of residential amenity; and (c) does not impact the safety and efficiency of local roads or rights of way.

Acceptable Solutions Performance Criteria

A1

Visitor Accommodation must:

(a) accommodate guests in existing habitable buildings; and

(b) have a gross floor area of not more than 200m2 per lot.

P1

Visitor Accommodation must be compatible with the character and use of the area and not cause an unreasonable loss of residential amenity, having regard to:

(a) the privacy of adjoining properties; (b) any likely increase in noise to adjoining

properties; (c) the scale of the use and its

compatibility with the surrounding character and uses within the area;

(d) retaining the primary residential function of an area;

(e) the impact on the safety and efficiency of the local road network; and

(f) any impact on the owners and users rights of way.

A2

Visitor Accommodation is not for a lot, as defined in the Strata Titles Act 1998, that is part of a strata scheme where another lot within that strata scheme is used for a residential use.

P2

Visitor Accommodation within a strata scheme must not cause an unreasonable loss of residential amenity to long term residents occupying other lots within the strata scheme, having regard to:

(a) the privacy of residents;

(b) any likely increase in noise;

(c) the residential function of the strata scheme;

(d) the location and layout of the lots;

(e) the extent and nature of any other non-residential uses; and

(f) any impact on shared access and common property.



(f) For the purpose of A2 and P2 in the Visitor Accommodation Use Standard in 3.1(e), the meaning of “lot”2 and “strata scheme”3 is as defined in the Strata Titles Act 1998.

3.2 For the Flinders Planning Scheme 2000 to which this planning directive applies must have the effect that:

(a) The use of a House, House and Ancillary Apartment or Grouped Housing (the premises) for Visitor Accommodation is exempt from requiring a planning permit, if:

(i) the premises is used by the owner or occupier as their main place of residence, and only let while the owner or occupier is on vacation or temporarily absent; or

(ii) the premises is used by the owner or occupier as their main place of residence, and visitors are accommodated in not more than 4 bedrooms.

(b) For the purposes of clause 3.2(a) Visitor Accommodation means:

means the use of land for providing short or medium-term accommodation, for persons away from their normal place of residence, on a commercial basis.

3.3 For the Sullivans Cove Planning Scheme 1997 to which this planning directive applies must have the effect that:

(a) Bed and Breakfast Establishment and Visitor Accommodation uses in a dwelling are exempt from requiring a planning permit, if:

(i) the dwelling is used by the owner or occupier as their main place of residence, and only let while the owner or occupier is on vacation or temporarily absent; or

(ii) the dwelling is used by the owner or occupier as their main place of residence, and visitors are accommodated in not more than 4 bedrooms.

(b) the definition for Bed and Breakfast Establishment is:

A Dwelling used, by a resident of the dwelling for permanent accommodation, to provide accommodation for persons away from their normal place of residence, on a commercial basis.

(c) the definition for Visitor Accommodation is: Means the use of habitable buildings and spaces for short term occupancy by people who are visitors to the Planning Area, on a commercial basis, including Residential Hotel, Holiday Unit and Motel.

(d) Unless 3.3(a) applies, Bed and Breakfast Establishment use and Visitor Accommodation use are ‘Permitted’ within Activity Area 1.0 Inner City Residential (Wapping), subject to the following:

2 Strata Titles Act 1998 defines ‘lot’ as:

’lot, in respect of a site, means a part of the site – (a) allocated for separate occupation by the owner of the lot or a person deriving rights of occupation from the owner; or (b) consisting of land that, by virtue of a certificate under section (A of the Meander Dam Project Act 2003, is to be treated as a lot’

3 Strata Titles Act 1998 defines ‘strata scheme’ as: ‘strata scheme means the complex of lots and common property (together with the system of administration and management) created on the registered strata plan’



(i) guests are accommodated in existing habitable buildings; and

(ii) the use has a floor area of not more than 200m2 per lot

Otherwise ‘Discretionary’.

(e) Unless 3.3(a) applies, Bed and Breakfast Establishment and Visitor Accommodation that does not comply with the provisions in 3.3(d) is ‘Discretionary’ in Activity Area 1.0 Inner City Residential (Wapping) subject to the following conditions:

Bed and Breakfast Establishment and Visitor Accommodation must:

(i) not cause an unreasonable loss of privacy to adjoining properties; (ii) not likely to cause an unreasonable increase in noise; (iii) be of a scale that respects the character and use of the area; (iv) not adversely impact the safety and efficiency of the local road network; (v) not unreasonably disadvantage owners and users of rights of way; (vi) not be located on the same site as a dwelling providing long term

residential accommodation, unless: a. it has a separate ground level pedestrian access to a road; or b. there is an existing mix of uses on the site; and the impact on the amenity of the long term residents within the site is not unreasonable.

Otherwise ‘Prohibited’.

4.0 Application of Standards and planning requirement

4.1 If any provision or requirement in a planning scheme to which this planning directive applies is directly or indirectly inconsistent with the provisions or requirements specified in subclauses 3.1, 3.2 or 3.3, that provision or requirement does not apply to the extent of the inconsistency.

4.2 Notwithstanding 4.1, any provision or requirement in the Flinders Planning Scheme 2000 and the Sullivans Cove Planning Scheme 1997 that would normally apply to Visitor Accommodation use or development, remains in force providing it does not cause the substitution for, modification of or an addition to:

(i) the definitions for Visitor Accommodation to that stated in 3.2(b) and 3.3(c) and the definition for Bed and Breakfast Establishment to that stated in 3.3(b);

(ii) the exemption from requiring a planning permit to that stated in 3.2(a) and 3.3(a) and;

(iii) the use status for Visitor Accommodation to that stated in 3.3(d) and 3.3(e), including any applicable conditions, in the use tables of Activity Area.

5.0 Suspension of Provisions

The description of Visitor Accommodation under Table 8.2 - Use Class in Planning Directive No. 1 – The Format and Structure of Planning Schemes is suspended for the period this planning directive is in force.

6.0 Commencement

This planning directive takes effect on 1 August 2018.

Documents

Application for Planning Permit - tasman.tas.gov.au