PLANNING REPORT — THE SUBJECT SITE

Property at a Glance

The property is a large, council-owned parcel straddling three zones along the Derwent River foreshore in Sandy Bay. The full address and title are withheld. It is subject to multiple coastal and flood hazards, and its development capacity is constrained by its exposure to inundation, erosion, and natural asset protection requirements. The Inner Residential Zone portion offers the highest residential development potential if hazard thresholds can be met.

---

Planning Controls Applying

Zone 1: Inner Residential Zone (SPP 9.0)

• No Permit Required: Single dwellings only (within "Residential" use class); Passive Recreation; Natural and Cultural Values Management; minor Utilities (underground).
• Permitted: Multiple dwellings (3+ on one lot); Visitor Accommodation; all other Residential uses not listed as NPR.
• Discretionary: Business and Professional Services (consulting rooms, medical centres, residential support); Community Meeting and Entertainment (places of worship, community centres); Educational and Occasional Care (excluding tertiary); Food Services (excluding drive-through takeaway); General Retail and Hire; Sports and Recreation (fitness, gymnasium, pools, sports grounds); other Utilities.
• Prohibited: All other uses.

Zone 2: Open Space Zone (SPP 29.0)

• No Permit Required: Passive Recreation; Natural and Cultural Values Management; minor underground Utilities.
• Permitted: None listed (no permitted use classes).
• Discretionary: Community Meeting and Entertainment; Crematoria and Cemeteries (cemeteries only); Emergency Services; Food Services; General Retail and Hire; Pleasure Boat Facility; Resource Development (marine farming or grazing); Sports and Recreation; Tourist Operation; Transport Depot (wharves, water taxis); Utilities; Vehicle Parking; Visitor Accommodation (camping/caravan parks).
• Prohibited: All other uses.

Zone 3: Utilities Zone (SPP 26.0)

• No Permit Required: Passive Recreation; Natural and Cultural Values Management; minor Utilities.
• Permitted: Recycling and Waste Disposal; Transport Depot and Distribution; Utilities (not listed as NPR); Vehicle Parking.
• Discretionary: Emergency Services; Sports and Recreation; Storage; Tourist Operation.
• Prohibited: All other uses.

---

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

• High band (C11.5.1 P1): No Acceptable Solution. Any use must rely on a coastal location (port/marine use, emergency services, utilities, open space) and a coastal inundation hazard report must demonstrate tolerable risk from a 1% annual exceedance probability (AEP) inundation event in 2100, OR no specific hazard reduction measures required.
• Medium band (non-urban zone only) (C11.5.2 P1): Same reliance-on-coastal-location requirement (does not apply to residential).
• Vulnerable uses (respite centres, residential care, assisted housing; Visitor Accommodation > 12 guests) (C11.5.4 P4): Must be protected from inundation in 2100, with evacuation plans, considering occupant ability to shelter/evacuate.

• Buildings and works (C11.6.1 P1): Must have tolerable risk from 1% AEP event in 2100. A coastal inundation hazard report must demonstrate:

• Coastal protection works (C11.6.2 P1): Kept to minimum; fit for purpose; do not increase inundation risk to adjacent land. Report must confirm no increased risk on adjacent land/public infrastructure and risks to 2100 can be mitigated. Cost arrangement for construction and maintenance required.

---

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

• Low or medium band (non-urban zone) (C10.5.2 P1): Tolerable risk can be achieved having regard to increase in erosion risk, requirement for hazard reduction/protection, minimising reliance on coastal protection works, and advice in a coastal erosion hazard report.
• Residential is not a "reliant-on-coastal-location" use, but can proceed if tolerable risk established under C10.5.2 P1.

• Buildings and works (C10.6.1 P1): Tolerable risk required. Report must demonstrate:

• Coastal protection works (C10.6.2 P1): Kept to minimum; if within non-urban zone, for coastal-reliant use; report confirms no increased erosion risk on adjacent land/public infrastructure.

---

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

• Habitable building/room (C12.5.1 P1): Must have tolerable risk from 1% AEP flood event. Flood hazard report must demonstrate:

• Vulnerable uses (residential care, assisted housing, Visitor Accommodation > 12 guests) (C12.5.2 P4): Must be protected from flood; occupants must be able to shelter/evacuate; emergency plan required.

• Buildings and works (C12.6.1 P1): Type, form, scale, and duration must achieve and maintain tolerable risk from 1% AEP flood event. Report must demonstrate development does not cause/contribute to flood on site, adjacent land, or public infrastructure.

---

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

• A1 (Buildings and works in waterway/coastal protection area): Must be within a building area on a sealed plan, OR for Class 4 watercourse, a crossing/bridge ≤ 5 m width, OR within tidal waters, extension to existing boat ramp/jetty/marina ≤ 20% of existing area.
• P1.1: Avoid or minimise adverse impacts on natural assets (riparian vegetation, natural streambank condition, fish passage, wetland filling, coastal processes, sand movement). Design to respond to topography; minimise cut/fill; follow Wetlands and Waterways Works Manual and Tasmanian Coastal Works Manual.
• P1.2 (Tidal waters): Use must rely on coastal location (resource access, marine infrastructure, essential utility, open space/marine-educational/recreational facilities).
• A3: No new stormwater point discharge into watercourse/wetland/lake. P3: If discharge proposed, avoid/minimise impacts on water quality, erosion, sedimentation, runoff.
• A4/P4: Dredging/reclamation minimise impacts on coastal processes and natural assets.
• A5/P5: Coastal protection works designed by qualified person; minimise impacts on coastal processes and sand movement.

---

Development Capacity

The property's development capacity is substantially constrained by its exposure to coastal hazards (inundation, erosion) and flood risk, combined with natural asset protection and waterway setbacks. The following is feasible under the planning scheme if specialist assessments establish tolerable risk:

Inner Residential Zone Portion

• Acceptable Solution: ≥ 200 m² site area per dwelling (cluster of dwellings across the site area if unconstrained).
• Performance Criterion: Lower density permissible if development contributes to range of dwelling types or significant social/community benefit (e.g. mixed-tenure, affordable housing).

• Scenario A (conservative): 20–40 dwellings. This assumes:

• Scenario B (optimistic): 40–80 dwellings. Assumes:

• Density < 200 m²/dwelling.
• Setbacks outside streetscape pattern.
• Site coverage > 65%.
• Building envelope/siting impacts on adjoining amenity.
• Hazard resilience (inundation, erosion, flood).

• Coastal Inundation Hazard Code (C11.0) – P1 of C11.6.1: coastal inundation hazard report demonstrating tolerable risk in 1% AEP 2100 event.
• Coastal Erosion Hazard Code (C10.0) – P1 of C10.5.2 or C10.6.1: coastal erosion hazard report demonstrating tolerable risk in 2100 event.
• Flood-Prone Areas Hazard Code (C12.0) – P1 of C12.5.1 or C12.6.1: flood hazard report demonstrating tolerable risk in 1% AEP flood event.
• Natural Assets Code (C7.0) – P1.1 of C7.6.1: development must avoid or minimise impacts on riparian/littoral vegetation, streambank condition, coastal processes; must comply with Wetlands and Waterways Works Manual; must maintain fish passage if applicable.

Open Space Zone Portion

Utilities Zone Portion

---

Pathway Analysis

Most Likely Project: Multiple Dwellings on Inner Residential Zone Land

#### Step 1: Categorise the Use

#### Step 2: Development Category

If all Acceptable Solutions met (density ≥ 200 m²/dwelling, setbacks within streetscape, site coverage ≤ 65%, private open space ≥ 40 m²/dwelling, waste storage compliant, building envelope within 9.5 m and 45° line, no breaches of codes' Acceptable Solutions):

• Development Category: Permitted (clause 6.7.1 and 6.7.2).
• Permit Status: Must be granted (clause 6.7.1(a)–(d)).

• Development Category: Discretionary (clause 6.8.1(b)).
• Permit Status: Council has discretion to refuse or approve under merit assessment (clause 6.8.1).

• Public Notification: Yes, 14-day representation period required (LUPAA § 57(5)).
• Statutory Timeframe: 42 days from receipt of complete application (LUPAA § 57(5A)), or longer if applicant agrees.
• Council Authority: City of Hobart planning authority.

• Public Notification: No.
• Statutory Timeframe: 10 working days (LUPAA § 57(1A)), or as agreed.

• Confirm water supply and reticulated sewer available to site.
• Likely: on-site stormwater management plan required (C12.0 Stormwater Code; clause C12.0 addresses development standards for stormwater).

• Overhead powerline easement or underground cable assessment.
• If any overhead lines cross site, clearance/relocation may be required.

• Development in flood-prone/coastal hazard area with 5+ dwellings may trigger Environmental Effects Act 1993 assessment if change of use or intensity.
• Status to be confirmed with EPA early in application.

• The property does not appear to be within a Local Historic Heritage Code overlay (not listed in Hobart LPS appendix).
• Confirm via TheList (LIST.tas.gov.au) to check for any listed heritage place.

• Property is not listed as being within a bushfire-prone area in the supplied code overlay data.
• Confirm via council bushfire hazard map; if triggered, Bushfire Hazard Management Plan and BAL rating required.

• The property is council-owned. If subdivision proposed, check for restrictions or reservations.

1. Coastal Inundation Hazard Report (C11.0, clause C11.3.1 definition; clause C11.6.1 P1.2): - Prepared by suitably qualified person (coastal engineer or equivalent). - Must demonstrate development can achieve and maintain tolerable risk from 1% AEP coastal inundation event in 2100 without requiring coastal protection works. - Required for any habitable building (dwellings) in high, medium, or low inundation hazard bands (property is in all three). - Budget: $15,000–$25,000.

2. Coastal Erosion Hazard Report (C10.0, clause C10.3.1 definition; clause C10.6.1 P1.2): - Prepared by geotechnical practitioner (engineer-civil, geotechnical engineer, or engineering geologist per clause C10.3.1). - Must confirm development does not cause/contribute to coastal erosion and can achieve and maintain tolerable risk from 2100 erosion event without coastal protection works. - Required for low erosion hazard band developments. - Budget: $15,000–$25,000.

3. Flood Hazard Report (C12.0, clause C12.3.1 definition; clause C12.6.1 P1.2): - Prepared by suitably qualified person (hydraulic engineer, environmental engineer). - Must demonstrate development does not cause/contribute to flood on site/adjacent land/public infrastructure and can achieve and maintain tolerable risk from 1% AEP flood event without flood protection measures. - Required for any new habitable building/room in flood-prone hazard area. - Budget: $12,000–$20,000.

4. Site Survey (AHD levels, boundaries, existing/proposed contours): - To support above reports and setback/height compliance. - Budget: $3,000–$6,000.

5. Stormwater Management Plan (C12.0 – Stormwater Code; SPP General Provisions if applicable): - Rational method hydrology; on-site detention/retention; no new point discharge into watercourse/wetland (clause C7.6.1 A3). - Budget: $8,000–$15,000.

6. Natural Assets / Ecological Assessment (C7.0, clause C7.6.1 P1.1–P1.2): - Riparian/littoral vegetation survey; potential fish passage survey. - Demonstrates building areas located outside waterway/coastal protection area where practicable. - Compliance with Wetlands and Waterways Works Manual and Tasmanian Coastal Works Manual. - Budget: $10,000–$18,000.

7. Landscape/Urban Design Plan (clause 9.4.2 P1 and 9.4.3 P1): - Site layout, streetscape, private open space, gardens, landscaping. - Demonstrates compatibility with Inner Residential streetscape; privacy and sunlight compliance; waste storage screening. - Budget: $5,000–$12,000.

8. Arboricultural Impact Assessment (if any significant trees): - Unlikely to apply unless existing trees within development footprint. - Budget (if required): $3,000–$8,000.

#### Step 6: Likely Conditions (if Permitted granted)

• Conditions to require approved Stormwater Management Plan before construction.
• Conditions to require finished floor levels set above 1% AEP flood level (+ freeboard, typically 0.5 m).
• Conditions requiring compliance with coastal hazard report recommendations (if coastal protection works proposed, cost-sharing arrangement with council).
• Conditions requiring protection of riparian vegetation during construction (C7.0).
• Conditions regarding removal of invasive vegetation if present.
• Conditions regarding archaeological survey (unlikely unless known Indigenous heritage).
• Parking spaces and design per C2.5 Parking and Sustainable Transport Code (likely 1.5–2 spaces per dwelling).

Recommended Next Steps

1. Pre-Application Discussion with City of Hobart Planning

• Zone status (confirm Inner Residential portion can support 30–50 dwellings).
• Coastal hazard constraints: council's prior experience assessing inundation/erosion risk for foreshore sites.
• Flood risk: confirm if site is within a mapped flood-prone area and council's acceptance of elevated/flood-resilient design.
• Natural assets: riparian setbacks; whether any part of the waterway/coastal protection area can accommodate building.
• Parking and servicing: confirm TasWater's capacity for sewer/water; off-street parking requirement under C2.5.
• Indicative timeline and likely referrals.
• Whether a Permit with conditions is more likely than a Discretionary merit assessment.

---

2. Commission Specialist Reports (in parallel with pre-app meeting)

• Engage a coastal engineer or hydraulic engineer experienced in TAS coastal hazard assessment.
• Request scope confirming:

• Timeline: 8–12 weeks from brief to final report.

• Engage a geotechnical engineer or engineering geologist with coastal erosion experience.
• Request:

• Timeline: 10–14 weeks.

• Engage a hydraulic engineer or environmental engineer.
• Request:

• Timeline: 8–12 weeks.

• Site Survey: Engage surveyor immediately to capture AHD levels, boundaries, contours. Both coastal and flood engineers will need this. (3–4 weeks.)
• **

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 &mdash; 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 &mdash; 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 &mdash; Tasmanian Planning Policies 2023 — State-level policy framework. Provides the strategic direction the SPP and LPS must align with.
• iPlan Tasmania &mdash; 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 &mdash; 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 &mdash; 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 &mdash; Building Act 2016 (Tasmania) — Building approvals and the National Construction Code (NCC) — runs in parallel to the planning permit pathway.
• TASCAT &mdash; 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.