Planning Report: the subject site

Property at a glance

The property is a compact inner-city site in Hobart's primary CBD, zoned Central Business with an underlying Utilities Zone. It is subject to archaeological potential overlay and sits on a designated pedestrian priority street. The Central Business Zone SAP applies stringent controls on building height, setbacks, design and frontage activation.

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Planning controls applying

Central Business Zone — Zone Purpose and Use Table

The Central Business Zone exists to:

• Provide concentration of higher-order business, retail, administrative, professional, community and entertainment functions within Tasmania's primary centres (16.1.1)
• Support uses and development that do not distort the activity centre hierarchy (16.1.2)
• Encourage active street frontages and pedestrian-level activity with shop windows engaging the public (16.1.3)
• Promote residential and visitor accommodation above ground floor level to support centre viability while maintaining active street frontages (16.1.4)

Use Standards (SPP 16.3)

All non-residential, non-utility, non-residential uses triggering proximity to a General Residential or Inner Residential Zone (within 50 m) must comply with:

Development Standards for Buildings and Works (SPP 16.4)

#### 16.4.1 Building height

The Hobart Central Business Zone Specific Area Plan (HOB-S4.0) will impose site-specific height controls on this property. The precise height limit must be confirmed from Figure HOB-S4 (not fully reproduced in extract above), but the SAP establishes that different precincts within the CBD have different height maxima, and this property (being in the "Central Business Core Area") may have a tighter height cap than the baseline 20m SPP standard. This must be verified against the published LPS map overlay before finalising any design.

#### 16.4.2 Setbacks

The Central Business Zone SAP specifies that ground-floor setback from the frontage in the CBD Core shall comply with the "Active Frontage Overlay" criterion: buildings must be built to the frontage at ground level to maintain active street frontages. This reinforces SPP 16.4.2 A1(a) and is critical for this property at the subject site.

#### 16.4.3 Design

#### 16.4.4 Fencing

#### 16.4.5 Outdoor storage areas

#### 16.4.6 Dwellings

Development Standards for Subdivision (SPP 16.5)

#### 16.5.1 Lot design

#### 16.5.2 Services

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Code Overlay 1: Local Historic Heritage Code (C6.0) — Place or Precinct of Archaeological Potential

The property is listed in the Hobart LPS as a place (or precinct) of archaeological potential. SPP C6.2.1 applies this code to development on land within "a place or precinct of archaeological potential" for excavation only. C6.2.4 confirms: the Local Historic Heritage Code does not apply to use — only to building and works (development).

A place or precinct of archaeological potential (SPP C6.3.1) is a site, precinct or parcel of land identified as having potential to contain archaeological evidence providing information about the past, and is shown on an overlay map and listed in the relevant LPS.

Development on a place of archaeological potential is exempt from the Code if it involves:

• (a) development not involving ground disturbance
• (b) works involving excavation within an area previously assessed (permit acted upon or not of archaeological sensitivity)
• (c) minor excavations where a qualified person has prepared an archaeological impact assessment confirming no chance of disturbance to significant archaeological values
• (d) removal of non-significant deposits by a qualified person (test/confirm assessment)
• (e) excavation ≤1m depth within an existing building not listed as a local heritage place
• (f) excavation ≤0.3m depth and ≤20m² area for minor building works/structures

If the proposed development involves excavation deeper than 0.3m OR greater than 20m² AND outside an existing building, a Statement of Archaeological Potential prepared by a suitably qualified archaeologist will be required. This must identify the likelihood and nature of subsurface archaeological deposits, and the application will need to demonstrate (via P1) that the proposal either avoids or appropriately manages any significant archaeological evidence.

For a straightforward ground-floor retail/office fit-out with minimal excavation, the exemption (C6.4.1(f)) likely applies. For basement or deep foundation works, archaeological assessment and potentially archaeological supervision during excavation will be required.

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Code Overlay 2: Parking and Sustainable Transport Code (C2.0) — Pedestrian Priority Street

The property fronts a Pedestrian Priority Street as defined in the Parking and Sustainable Transport Code. SPP C2.3.1 defines a pedestrian priority street as "a road shown on an overlay map in the relevant Local Provisions Schedule, as having active street frontages where pedestrian movement and activity take priority over siting of vehicle parking and access."

The subject site's frontage in Hobart CBD is a known pedestrian priority street under the Hobart SAP.

Parking provision depends on the use class. For example:

• Office (Business and Professional Services): 1 space per 40m² floor area + 1 bicycle space per 500m² floor area
• Retail (General Retail and Hire): 1 space per 30m² floor area + 1 bicycle space per 100m² floor area
• Food Services (Cafe/restaurant): 1 space per 15m² (incl. outdoor dining) + 6 queuing spaces if drive-through (unless subject to C2.5.5) + 1 bicycle space per 75m² floor area

The parking code applies broadly (C2.2.1) to all use and development. The applicable standard depends on the use class proposed.

Any development on this site triggering a vehicle-dependent use (office, retail, food service) must provide on-site parking per Table C2.1, unless: 1. The site is subject to a parking precinct plan (C2.7) — Hobart CBD may have adopted precinct parking; confirm with council 2. Off-street public parking is available within reasonable walking distance (per P1.1) 3. Public transport accessibility is high (per P1.1)

For a pedestrian priority street in the CBD core, the planning authority may favourably assess a Performance Criterion argument (C2.5.1 P1.1) that adequate public parking exists nearby and on-street public transport is sufficient to reduce demand.

If on-site parking is proposed, it must comply with Australian Standard AS 2890 (Parking facilities, Parts 1–6) re. dimensions, gradients, vehicle manoeuvring, and pedestrian access pathways (≥1m footpath if ≥10 spaces, separated from access ways by 2.5m or bollards/guard rails).

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Hobart Central Business Zone Specific Area Plan (HOB-S4.0)

The Hobart SAP applies additional layer of controls on top of the SPP Central Business Zone. Key overlays affecting the subject site:

• Ground-floor active frontage (retail, hospitality, professional services visible to street)
• Building to frontage at ground level (setback = 0m)
• Restricted car parking visibility (C2.6.8 A2 compliance)

• Ground-floor uses must generate pedestrian activity (food service, retail, professional services, not just office lobby)
• Window activation (≥40% glazing, per SPP 16.4.3 A2)
• No blank walls >30% of façade length

• Building height and siting designed to permit winter sunlight penetration to street level (material consideration under SPP 16.4.1 P1 "streetscape and character")
• May restrict building height in locations where solar access to street would otherwise be materially reduced

• Site-specific height limits (typically 18–20m in core, may be lower near heritage or sensitive interfaces)
• Must be confirmed from published LPS map; this report cannot interpolate from text.

Summary of Standards Applying to the subject site

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Development capacity

Realistic Development Scenarios

Given the site area, Central Business Zone purpose, and applicable standards, the following scenarios are feasible:

#### Scenario 1: Multi-storey Mixed-Use (Office + Retail + Residential)

• Ground floor: 400–450 m² retail/hospitality/professional services (activating frontage per SPP 16.4.3 A2 & SAP Active Frontage Overlay)
• Levels 2+: Office (commercial) and/or residential apartments
• Total GFA: ~1,400–1,800 m² across 4–5 storeys (assuming 3–4m per floor + 4.5m rooftop plant)
• Height: Likely 16–20m (dependent on SAP site-specific cap — to be confirmed)

• If 300 m² per floor × 3 upper floors = 900 m² residential GFA
• Divided into studios/1-bed apartments: ~6–10 dwellings
• Permitted under SPP 16.2: Residential use above ground floor (excluding pedestrian/vehicular access) is Permitted, provided not listed as NPR

Estimated (if 300 m² retail + 900 m² office + 900 m² residential):

• Retail (General Retail and Hire): 300 ÷ 30 = 10 spaces
• Office (Business and Professional Services): 900 ÷ 40 = 22.5 ≈ 23 spaces
• Residential (apartments, 2-3 storeys): assume average 1.5 spaces per dwelling × 8 dwellings = 12 spaces
• Total: ~45 parking spaces

• Proximity to Hobart CBD public car parks (City Park car park, a nearby street car park, Convention Centre car park — all within 200m walking distance)
• High public transport accessibility (the subject site's frontage has frequent bus routes)
• Reduced parking demand due to CBD location and demographic (office workers, residents less car-dependent)
• Shared car parking across mixed uses (retail off-peak vs. office peak)

#### Scenario 2: Residential Flat Building (Multiple Dwellings)

• 4–5 storeys, entirely residential (permitted above ground floor; ground floor must activate frontage)
• Ground floor: 150–200 m² cafe/retail/small business (retail/hospitality NPR or Permitted)
• Upper floors: 8–12 apartments (studios, 1-bed, 2-bed mix)
• Total GFA: ~1,200–1,500 m² residential + 150–200 m² ground-floor retail

• 8–12 dwellings (typical for compact CBD site)

• Residential (multiple dwellings, 8–12 units): per Table C2.1, "Visitor parking for multiple dwellings in the General Residential Zone" = 1 space per 4 dwellings (2–3 visitor spaces)

• Ground-floor retail: 150 ÷ 30 = 5 spaces
• Total: ~16 parking spaces (achievable via basement or part-basement on site)

• Residential use above ground floor: Permitted (SPP 16.2, subject to A1/P1 compliance on height, setback, design, frontage)
• Ground-floor retail: No Permit Required (General Retail and Hire, SPP 16.2)
• Car parking: Compliant with Table C2.1 if 16 spaces provided on-site or by cash-in-lieu arrangement

#### Scenario 3: Office Building (Commercial)

• 5–6 storeys, wholly office (Business and Professional Services)
• Ground floor: 200–250 m² must remain active frontage (retail, cafe, reception open to public per SPP 16.4.3 A2)
• Upper floors: office (open-plan or cellular)
• Total GFA: ~1,500–1,800 m² office + 200 m² ground-floor retail/cafe

• Office: 1,500 ÷ 40 = 37.5 ≈ 38 spaces
• Ground-floor cafe (assume 100 m²): 1,500 ÷ 15 = 100 seats, so 1 space per 15 m² = 7 spaces OR 1 space per 3 seats = 33 spaces (take greater = 33)
• Total: ~71 parking spaces (likely infeasible on-site; Performance Criterion argument required)

• Office (Business and Professional Services): No Permit Required (SPP 16.2)
• Ground-floor food service: No Permit Required (Food Services, SPP 16.2)
• Car parking: Discretionary if relying on P1.1 (off-site public parking, public transport, shared use)

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Use-Class Characterisation (Clause 8.0)

For any mixed-use proposal, clauses 8.2.1–8.2.5 apply to determine the dominant use class:

• 8.2.2: A use directly associated with and subservient to another use on the same site is categorised into the same use class as the dominant use.
• 8.2.3: The most-specific use class wins where multiple could fit.
• 8.2.4: The most-similar use class applies where no specific class fits.

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Subdivision Capacity

The site area is sufficient for one lot as-is. Subdivision of the site would only be permissible if:

• The subdivision consolidates the lot with an adjacent lot (SPP 16.5.1 A1(d))
• The subdivision is required for public use / Crown / council / State authority (A1(b))
• The subdivision is required for Utilities (A1(c))

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Pathway analysis

Most Likely Project Type: Mixed-Use Office/Retail with Residential Apartments (Scenario 1)

#### 1. Use Characterisation

• The office and residential uses are not subservient to retail; they are separate use classes on the same site.
• Each use must be individually categorised (8.2.5).
• Ground-floor retail/hospitality: No Permit Required (NPR)
• Office: No Permit Required (NPR)
• Residential (above ground floor): Permitted (if complying with setback, height, design standards)

#### 3. Development Standards Assessment

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.
• 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.