Planning Report: the subject site

Property at a Glance

This multi-zoned parcel on the Sandy Bay waterfront is subject to multiple hazard codes that will materially constrain development. The property is Council land and straddles three separate planning zones, each with distinct use tables and development standards.

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Planning Controls Applying

Zone: Open Space Zone (SPP 29.0)

• Discretionary uses must not cause unreasonable loss of amenity to adjacent sensitive uses.
• Hours of operation: 8.00am–10.00pm if within 50m of a residential zone; 6.00am–midnight otherwise (A1).
• Floodlighting of Sports & Recreation: no operation 11.00pm–7.00am within 50m of residential zones (A2).
• External lighting must not cause unreasonable loss of amenity (P2).

• Each lot must have sufficient useable area and dimensions suitable for its intended use (P1), having regard to development requirements, existing buildings, topography, natural hazards, and pattern of existing properties.
• Minimum frontage: 15m (A2), unless riparian/littoral reserve or utilities (P2 applies if less).
• Vehicular access from road in accordance with road authority requirements (A3) or reasonable access having regard to topography, distance, nature of road/traffic, anticipated vehicles, emergency services access (P3).

Zone: Inner Residential Zone (SPP 9.0)

• Hours: 7.00am–7.00pm Mon–Fri; 8.00am–6.00pm Sat–Sun (A1) OR per performance criterion P1 (not unreasonable amenity loss).
• External lighting: off 8.00pm–6.00am excl. security (A2) OR per P2 (appropriate to context).
• Commercial vehicles: 7.00am–8.00pm Mon–Fri; 9.00am–12 noon Sat; nil Sun/PH (A3) OR per P3.
• General use standard P4: Must not cause unreasonable loss of amenity re: intensity, emissions, traffic, character impact, need for use.

• A1: Must use existing habitable building, ≤200m² per lot.
• A2: Not in strata scheme where other lots are residential.
• P1: Must be compatible with character and use, not cause unreasonable loss of residential amenity.

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Zone: Utilities Zone (SPP 26.0)

For uses within 50m of residential zones:

• Hours: 7.00am–9.00pm Mon–Sat; 8.00am–9.00pm Sun/PH (A1) OR per P1.
• External lighting: off 11.00pm–6.00am excl. security (A2) OR per P2.
• Commercial vehicles: 7.00am–9.00pm Mon–Sat; 8.00am–9.00pm Sun/PH (A3) OR per P3.

• P1: Must not compromise/restrict utility operations, regard compatibility, location, existing uses, buffers/mitigations.

• Each lot must be for public use, utilities, or consolidation (A1) OR sufficient useable area/dimensions per P1.
• Frontage: ≥3.6m OR legal road connection (A2/P2).
• Vehicular access per road authority (A3) or reasonable access per P3.

Code Overlay 1: Coastal Inundation Hazard Code (C11.0, SPP)

• A tolerable risk must be achieved and maintained, having regard to any increase in risk from inundation, need for hazard reduction/protection measures, minimisation of risk to public infrastructure, reliance on coastal protection, advice from State authority/council/regulated entity, and advice in a coastal inundation hazard report.

• Use must be for a use which relies on a coastal location to fulfil its purpose (marine farming, coastal infrastructure, open space, marine-related education/research/recreation).
• A coastal inundation hazard report must demonstrate tolerable risk from a 1% annual exceedance probability (AEP) coastal inundation event in 2100, without requiring specific hazard reduction or protection measures.

• Use must rely on coastal location.
• Coastal inundation hazard report must confirm tolerable risk from 1% AEP event 2100.

Clause C11.6.1 P1.1–P1.2 (Buildings and Works):

• Buildings and works must have tolerable risk, having regard to whether increase in risk requires specific hazard reduction/protection measures.
• A coastal inundation hazard report must demonstrate the building/works do not cause or contribute to inundation on site/adjacent land/public infrastructure, and can achieve/maintain tolerable risk from 1% AEP coastal inundation event 2100 without specific coastal inundation protection works.

• If protection works are proposed, they must be appropriately located, fit for purpose, kept to minimum, and supported by a hazard report confirming no increased inundation risk on site/adjacent/public infrastructure, and risks to 2100 can be mitigated.

Acceptable Solution A1:

• Each lot must either:

If A1 is not met, Performance Criterion P1 applies: Lots must not create opportunity for use/development that cannot achieve/maintain tolerable risk, having regard to increase in risk for adjacent land, reliance on public infrastructure, need to minimise future remediation, loss/compromise of access, need to locate building areas outside hazard area, advice from State authority/council/regulated entity, coastal inundation hazard report.

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Code Overlay 2: Coastal Erosion Hazard Code (C10.0, SPP)

For non-urban zones in low/medium bands:

• Acceptable Solution: None.
• Performance Criterion P1: A tolerable risk for the use must be achieved and maintained, having regard to any increase in risk from coastal erosion, any requirement for specific hazard reduction/protection measures, need to minimise increase in risk to public infrastructure and reliance on coastal protection works, advice from State authority/council/regulated entity, and advice in a coastal erosion hazard report.

Acceptable Solution: None.

Performance Criterion P1.1–P1.2:

• Buildings and works must have tolerable risk, having regard to whether increase in risk requires specific hazard reduction/protection measures, advice from State authorities, and advice in a coastal erosion hazard report.
• The coastal erosion hazard report must demonstrate:

Acceptable Solution A1:

• Each lot must either:

Performance Criterion P1: Lots must not create opportunity for use/development that cannot achieve/maintain tolerable risk, having regard to increase in risk for adjacent land, reliance on public infrastructure, need to minimise remediation, loss/compromise of access, need to locate building areas outside hazard area, and coastal erosion hazard report advice.

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Code Overlay 3: Flood-Prone Areas Hazard Code (C12.0, SPP)

For habitable buildings (clause C12.5.1):

• A change of use converting non-habitable to habitable building, or new habitable room, within a flood-prone hazard area must have tolerable risk.
• Acceptable Solution: None.
• Performance Criterion P1.1–P1.2:

For critical/hazardous/vulnerable uses (clause C12.5.2):

• Similar tolerable risk standard, with additional requirements for critical uses (ability to function during/after flood, service disruption, water/wastewater risk) and vulnerable uses (protection from flood, evacuation capability, emergency plan, emergency personnel risk).

Acceptable Solution: None.

Performance Criterion P1.1–P1.2:

• Buildings and works must achieve/maintain tolerable risk from flood, regard type/form/scale/duration, whether increase requires hazard measures, State authority advice, flood hazard report.
• Flood hazard report must demonstrate buildings/works do not cause/contribute to flood on site/adjacent/public infrastructure, and can achieve/maintain tolerable risk from 1% AEP flood event for intended life without flood protection measures.

Acceptable Solution A1:

• Each lot must either:

Performance Criterion P1: Lots must not create opportunity for use/development that cannot achieve/maintain tolerable risk, having regard to increase in risk for adjacent land, reliance on public infrastructure, need to minimise remediation, loss/compromise of access, need to locate building areas outside hazard area, State authority advice, flood hazard report.

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Code Overlay 4: Natural Assets Code (C7.0, SPP)

The definition of waterway and coastal protection area (clause C7.3.1 & Table C7.3) includes the high water mark of tidal waters (Class 1 — 40m width). The subject site is foreshore land, so this code definitely applies.

Acceptable Solution A1:

• Buildings and works within a waterway and coastal protection area must:

Performance Criterion P1.1:

• Buildings and works must avoid or minimise adverse impacts on natural assets (riparian/littoral vegetation, natural streambank/streambed condition, in-stream habitat, fish passage, wetland filling, coastal processes, sand movement, wave action, etc.), having regard to multiple factors including erosion/siltation/runoff impacts, vegetation impacts, natural flow, marine habitat, minimising cut/fill, building design responsive to topography, minimising coastal process impacts, minimising need for future protection works, best practice guidelines, and Tasmanian Coastal Works Manual.

• Buildings and works within spatial extent of tidal waters must be for a use that relies on coastal location (specific resource access, marine farming, coastal infrastructure, marine/coastal activity, essential utility/infrastructure, open space, marine-related education/research/recreation).

• Buildings must be within building area on sealed plan.
• Must allow natural coastal processes to continue (landward transgression of dunes/wetlands/saltmarshes), avoid barriers/drainage preventing tidal inundation, allow sand deposition/erosion, group new facilities with existing, minimize vegetation impacts, minimize cut/fill, responsive building design, address sea level rise impacts on coastal processes/habitat.
• Must be for use reliant on coastal location (specific resource, marine farming, coastal infrastructure, marine/coastal activity, essential utility, open space, marine-related education/research/recreation).

• No new stormwater point discharge into watercourse/wetland/lake (A3).
• If required by P3, must avoid/minimise impacts on natural assets re: water quality, erosion/sedimentation/runoff.

• Prohibited (A4).
• If relying on P4.1–P4.2, must minimise adverse impacts on natural coastal processes and natural assets, and be necessary to continue existing use on adjacent land or for use reliant on coastal location.

• Prohibited (A5).
• If relying on P5, must be designed by suitably qualified person and minimise adverse impacts on natural coastal processes (sand movement, wave action, increased inundation risk to adjacent land).

• Not directly triggered by this property's overlay designation but may be relevant if priority vegetation is present.

Acceptable Solution A1:

• Each lot must either:

Performance Criterion P1:

• Each lot must minimise adverse impacts on natural assets, regard need to locate building areas/bushfire management areas outside hazard area, and future development facilitated by subdivision.

Development Capacity

Realistic Development Scenarios

Given the property is Council-owned, comprises three zones (Open Space, Inner Residential, Utilities), and is subject to four major hazard codes, the development capacity is severely constrained. The following pathways exist:

Scenario 1: Open Space Zone Portion — No Permit Required Uses

The Open Space Zone portion can accommodate:

• Natural and Cultural Values Management (NPR) — e.g., revegetation, habitat protection, interpretive signage.
• Passive Recreation (NPR) — e.g., walking paths, picnic areas, public foreshore access, gardens.
• Minor Utilities underground (NPR) — e.g., services to support open space function.

However, all three hazard codes add constraints:

• Coastal Inundation Hazard Code requires a coastal inundation hazard report demonstrating tolerable risk from 1% AEP event 2100.
• Coastal Erosion Hazard Code requires a coastal erosion hazard report demonstrating tolerable risk from 2100 erosion event, no contribution to erosion on site/adjacent, and non-location on actively mobile landforms.
• Flood-Prone Areas Hazard Code applies only to habitable building changes; for passive recreation this is less onerous but may still require a flood hazard report depending on site interpretation.
• Natural Assets Code restricts buildings/works within waterway/coastal protection area to those within sealed plan building areas, extensions ≤20% to existing marine facilities, or uses reliant on coastal location.

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Scenario 2: Inner Residential Zone Portion — Residential Development

The Inner Residential Zone permits:

• Single dwelling (No Permit Required, clause 9.2)
• Multiple dwellings (Permitted, clause 9.2)
• Visitor accommodation (Permitted, clause 9.2)

Clause C11.2.4 states: "For the purposes of C11.5.1 and C11.5.2, Residential or Visitor Accommodation are not Use Classes that are reliant on a coastal location."

The property falls within Medium and High coastal inundation hazard bands. Under clause C11.5.2 (Medium) and C11.5.1 (High), uses must be "for a use which relies upon a coastal location to fulfil its purpose" — and Residential/Visitor Accommodation do not qualify.

Sources & legislation

Every claim in this report is grounded in the following authoritative documents. Click any link to open the in-force version directly.

• LUPA Act 1993 — Land Use Planning and Approvals Act 1993 (Tasmania) — Primary statute. Establishes the Tasmanian Planning Scheme, planning permits, and the No Permit Required / Permitted / Discretionary / Prohibited categories.
• State Planning Provisions — Tasmanian Planning Scheme — State Planning Provisions (SPP) — State-wide planning controls. Zones, codes and general provisions that apply across all transitioned councils.
• Tasmanian Planning Policies — Tasmanian Planning Policies 2023 — State-level policy framework. Provides the strategic direction the SPP and LPS must align with.
• iPlan Tasmania — iPlan Tasmania — Statutory Planning Maps — Authoritative source for the in-force TPS / TIPS map layers, zone boundaries and code overlay extents.
• Parking & Sustainable Transport Code — Tasmanian Planning Scheme — Parking and Sustainable Transport Code (C2.0) — Code C2.0 of the SPP. Applies almost universally — sets minimum parking, bicycle parking and end-of-trip standards.
• Coastal Inundation Hazard Code — Tasmanian Planning Scheme — Coastal Inundation Hazard Code (C11.0) — Code C11.0 of the SPP. Triggers when the property is mapped within a coastal-inundation hazard band; controls minimum floor levels and habitable-room siting.
• Building Act 2016 — Building Act 2016 (Tasmania) — Building approvals and the National Construction Code (NCC) — runs in parallel to the planning permit pathway.
• TASCAT — Tasmanian Civil and Administrative Tribunal — Resource Management and Planning Appeal Stream — Appeal jurisdiction for planning permit refusals, conditions, and third-party appeals against discretionary applications.