Hobart Draft Local Provisions Schedule

In 2015, the Tasmanian Government introduced legislation to replace the interim planning schemes of each council with a single state-wide Tasmanian Planning Scheme.

The Tasmanian Planning Scheme is divided into two components – the State Planning Provisions (SPPs) and the Local Provisions Schedules (LPS). The SPPs are the state-wide component of the planning scheme and the LPS are the local component of the scheme for each municipal area.

The State Planning Provisions were brought into effect by the Minister for Planning in February 2017, after a public consultation period. The State Planning Provisions can be viewed on the Tasmanian Planning Scheme website. The Tasmanian Planning Scheme only comes into effect in each municipal area when the relevant Local Provisions Schedule is also approved.

The City of Hobart, as planning authority, is responsible for preparing the Hobart draft Local Provisions Schedule (draft LPS), the local component of the Tasmanian Planning Scheme that will apply only to the City of Hobart municipal area.

The Hobart draft LPS will be the new planning scheme that applies to the City of Hobart once it is formally approved by the Tasmanian Planning Commission.

What this means is that the Hobart draft LPS will control how land in our municipality can be used and developed. It contains maps of the Zones and Codes that apply to use and development, as well as the specific provisions that apply to each parcel of land.

The LPS is limited in what it can cover. It includes the zoning and code overlay maps, which spatially apply the zones and codes of the SPPs to land within the municipal area. It can also include particular purpose zones, specific area plans and site specific qualifications.

• Particular purpose zones (PPZ) are used where an area of land is intended for specialised use and development, and none of the SPP zones are appropriate.
• Specific area plans (SAP) are used where an underlying SPP zone is generally appropriate to an area of land, but the provisions of those zones are modified, added to, or substituted by the SAP to achieve a specific outcome. A SAP can apply either over a single zone or multiple zones.
• Site specific qualifications (SSQ) are provisions that apply to specific sites, in circumstances where it is appropriate that the development or use standards on that particular site are different to those that apply under the SPPs. They may modify, add to or substitute SPP standards.

These elements of the LPS override the SPPs, but in order for the provisions to be included in the LPS, they must demonstrate they:

• are of significant social, economic or environmental benefit to the State, region or municipal area;
• relate to an area that has particular environmental, economic, social or spatial qualities that require unique provisions.

How was the Hobart draft LPS developed?

The Council of the City of Hobart first endorsed the Hobart draft LPS at its meeting of 18 February 2019. Some further inclusions were endorsed at the Council meeting of 9 February 2021. Since the initial endorsement, the Tasmanian Planning Commission (the Commission) has been conducting a review and requiring clarifications and revisions to ensure the LPS meets all requirements of the relevant legislation.

The Hobart draft LPS primarily carries forward similar provisions to the Hobart Interim Planning Scheme 2015.

The Tasmanian Planning Commission directed on 19 April 2023 that the Hobart draft LPS be publicly exhibited, under section 35B of the Land Use Planning and Approvals Act 1993 (the Act). The Act requires the exhibition period to be 60 days (excluding public holidays). When the Hobart draft LPS is approved, the Tasmanian Planning Scheme - Hobart will replace the current Hobart Interim Planning Scheme 2015.

The Hobart draft LPS is primarily a translation of the provisions of the current Hobart Interim Planning Scheme 2015. For most people, there will be no significant changes to the planning rules relating to their property.

There are, however, some changes, including:

• rezoning of land zoned Environmental Living to either Rural Living or Landscape Conservation as the Environmental Living Zone does not exist under the Tasmanian Planning Scheme
• allocation of existing and proposed Rural Living zoned land into the density areas of A, B, C and D
• rezoning of schools and key places of worship currently in residential zones to the Community Purpose Zone
• extension of the Central Business Zone to cover all street blocks bounded by Harrington, Melville and Brisbane Streets and Brooker Avenue
• minor zoning adjustments to reflect current property boundaries and remove redundant split zonings
• extension of the 'Active Frontage Overlay' in the Central Business Zone up Elizabeth Street to the Warwick Street intersection
• inclusion of updated, detailed datasheets for Heritage Precincts
• some minor changes to Heritage Precinct boundaries
• 42 additional Heritage Places
• translation of the Sullivans Cove Planning Scheme 1997 into Particular Purpose Zones
• introduction of a new Huon Quays Particular Purpose Zone
• a new Historic Landscape Precinct for Southern Queens Domain
• introduction of a new overlay for potentially flood-prone areas.

The Environmental Living Zone is a zone under the Hobart Interim Planning Scheme 2015 that is intended to provide for residential use and development in areas where existing natural and landscape values are to be retained.

The Environmental Living Zone will no longer exist in the Tasmanian Planning Scheme, and so areas of land within this zone have been translated into other Tasmanian Planning Scheme zones, particularly the Landscape Conservation Zone and Rural Living Zone in accordance with the guidelines issued by the Tasmanian Planning Commission.

The Rural Living Zone (which is split into density areas A, B, C and D), has generally been applied to areas of land where lot sizes are smaller and there are fewer environmental values.

The Landscape Conservation Zone has generally been applied to areas of land where lot sizes are larger and there are more significant environmental or landscape values.

A detailed analysis of the reallocation of the Environmental Living Zone can be viewed below under Appendix B Environmental Living Zone translation of the Draft LPS Supporting Report:

Appendix B - Translation of the Environmental Living Zone(PDF, 5MB)

You can search for your address in the interactive map to see which land use zonings or specific provisions apply to you: Proposed Tasmanian Planning Scheme Local Provisions Schedule map

The Rural Living Zone of the Tasmanian Planning Scheme is split into 4 density areas - Rural Living A, B, C and D. The following table identifies the minimum lot sizes for each Rural Living Zone density area:

Under the State Planning Provisions it is prohibited for lots to be any more than 20% smaller than the applicable lot size in the Rural Living Zone.

Each property zoned Rural Living has been designated a density area. The allocation of density areas has sought to retain existing lot size requirements that currently apply under Hobart Interim Planning Scheme 2015 for each area.

You can find out more information about the Rural Living Zone on the Tasmanian Planning Scheme website under the State Planning Provisions.

You can also search for your address in the interactive map to see which land use zonings or specific provisions apply to you: Proposed Tasmanian Planning Scheme Local Provisions Schedule map

A direction of the Tasmanian Planning Scheme zone application guidelines is that schools and places of worship should now be zoned Community Purpose.

The purpose of the Community Purpose Zone is:

• To provide for key community facilities and services including health, educational, government, cultural and social facilities.
• To encourage multi-purpose, flexible and adaptable social infrastructure.

You can find out more information about the Community Purpose Zone on the Tasmanian Planning Scheme website under the State Planning Provisions.

It is proposed that four blocks in the central Hobart area will be rezoned from Commercial Zone to Central Business Zone. This is due to the capacity of these city blocks to accommodate higher buildings than allowed for under the Commercial Zone. It is also considered that the purpose and allowable uses of the Central Business Zone are a suitable fit for these areas.

Figure: Proposed Central Business Zone extension

An analysis of the rezoning is provided below under Appendix C Central Business Zone review of the Draft LPS Supporting Report:

Appendix C - Central Business Zone review(PDF, 265KB)

You can find out more information about the Central Business Zone under HOB-S6.0 Hobart Commercial Zone SAP of the Draft LPS Supporting Report:

Draft LPS Supporting Report(PDF, 375KB)

You can also search for your address in the interactive map to see which land use zonings or specific provisions apply to you: Proposed Tasmanian Planning Scheme Local Provisions Schedule map

The Active Frontage Overlay is an overlay of the Central Business Zone that controls building design and uses at the ground floor level to encourage interest and engagement for passing pedestrians in key city streets.

It is proposed that the overlay is extended further north along Elizabeth Street, to include the area between Brisbane Street and Warwick Street. This area is an important link between the centre of the city and the North Hobart retail and restaurant strip. It is an area well frequented by pedestrians and cyclists and it is important that future use and development in this area is engaging and active at street level.

Figure: Proposed Active Frontage Overlay extension

An analysis of the Active Frontage Overlay extension is provided below under Appendix I Active Frontage overlay review in the Draft LPS Supporting Report:

Appendix I - Active Frontage overlay(PDF, 557KB)

You can find out more information about the Frontage Overlay and its requirements under the HOB-S6.0 Hobart Commercial Zone SAP of the Draft LPS Supporting Report:

Draft LPS Supporting Report(PDF, 375KB)

You can also search for your address in the interactive map to see which land use zonings or specific provisions apply to you: Proposed Tasmanian Planning Scheme Local Provisions Schedule map

The Hobart draft LPS includes a Central Business Zone Specific Area Plan which carries forward similar provisions to the Central Business Zone under the Hobart Interim Planning Scheme 2015.

The Central Business Zone Specific Area Plan does not include absolute maximum building heights, and does not implement the recommendations of the Leigh Woolley Building Height Standards Review Project(PDF, 119MB).

Council resolved to consider these issues as part of the Central Hobart Plan.

No.

The draft Central Hobart Plan (CHP) was released for public comment 3 April 2023 and closed 30 April. Council officers are now in the process of reviewing and responding to community feedback before it is presented to Council for approval.

All Councils are required to identify flood prone areas within their municipality as part of good strategic planning, and as a requirement of the Urban Drainage Act 2013 which specifies that the City of Hobart must identify the level of risk from flooding for each catchment in the public stormwater system.

This mapping considers known areas at risk of flooding, but also models areas of the municipality where flooding may occur when considering the impacts of climate change, or storm surge events. Find more information on the storm surge and flood prone land, you can find more information at:

• Storm surge and flood prone land
• Understanding flood risk

City of Hobart has undertaken flood and inundation prone areas mapping in 2013, 2014 and 2019. These maps can be viewed here:

Flood maps

This existing mapping is not new, the City of Hobart is informing those who may be affected by the possibility of flooding and encouraging them to become more aware and seek further advice regarding flood risk.

• Further information on flood depths, velocities and hazard ratings for specific properties can be requested from the City of Hobart to assist residents in assessing their property's risk. This more detailed information is available for a fee. Further information can be found on the understanding flood risk page.

This mapping currently applies under the Hobart Interim Planning Scheme 2015, if there is development on land subject to the risk of riverine flooding (E15.2.1 (c)). At the moment, and for a number of years, if you apply for a development and the mapping shows you may be at risk of flooding, you may need to obtain an Inundation prone areas hazard management assessment, to determine whether the building design may require modifications to protect it from flooding or show other works to ensure that additional flooding isn't caused on adjoining properties from your development.

• Planning requirements only affect new developments that have not yet gone through the planning approval process, existing residences will not be subject to any retrospective assessment.

The City of Hobart intends to incorporate the Flood-Prone Areas Hazard Code and overlay mapping within the Hobart LPS, to make it clear to all landowners as to where it applies. Similarly to now, if you are proposing a development at your property, you may need to get an additional assessment completed to ensure that the development will be safe from flooding into the future. 

Just because your property is not within the flood-prone areas hazard mapping it does not mean it won't be affected in a flood. If your property is within the flood-prone areas hazard mapping, or the City of Hobart has reason to believe it may be subject to flood, the Flood-Prone Areas Hazard Code will still apply.

The Lower Sandy Bay Escarpment Specific Area Plan is a new specific area plan that translates provisions from the Hobart Interim Planning Scheme 2015 that currently apply to the area in the Low Density Residential Zone.

It includes provisions relating to the siting of buildings close to the escarpment, site coverage and lot design. The terminology and format of provisions relating to this area have been amended to be consistent with the Tasmanian Planning Scheme.

The principal change to the provisions in this area is the applicable lot sizes. Under the Hobart Interim Planning Scheme 2015, the permitted lot sizes for land between Cartwright's Point and Blinking Billy Point is 520m² for a lot with an average slope less than 20% gradient, and 750m² for a lot with an average slope of greater than 20% gradient.

Under the Hobart draft LPS, minimum lot size is determined through the State Planning Provisions in the Low Density Residential Zone, which is 1500m². This is considered to be a more appropriate lot size for this area and should not result in additional development potential.

For more information, see the HOB-S3.0 Lower Sandy Bay Escarpment SAP section of the Draft LPS Supporting Report(PDF, 375KB).

As each municipal area is allowed only one LPS, the provisions currently applying to the Sullivans Cove area under the Sullivans Cove Planning Scheme 1997 need to be translated into the Hobart draft LPS.

Th translation of provisions of the Sullivans Cove Planning Scheme 1997 have been primarily done through new particular purpose zones under the Hobart draft LPS. The particular purpose zones largely translate the existing provisions, although they have been altered to fit the structure and drafting conventions of the Tasmanian Planning Scheme.

Most of the Sullivans Cove area will be covered by the Particular Purpose Zone - Sullivans Cove(PDF, 375KB). Macquarie Point will have its own Particular Purpose Zone - Macquarie Point(PDF, 375KB), based on the existing Site Development Plan under the Sullivans Cove Planning Scheme 1997.

There are however some changes affected Sullivans Cove. These include:

• Implementation of a Particular Purpose Zone - Huon Quay(PDF, 375KB)
• Use of the Port and Shipping Zone for the Hobart Port
• Use of the Open Space Zone for the Cenotaph and Regatta Grounds

Places of cultural significance listed under the Sullivans Cove Planning Scheme 1997 have also been translated across to the Hobart draft LPS by using the local heritage and archaeological potential places and precincts.

Macquarie Point is currently subject to the provisions of the Sullivans Cove Planning Scheme 1997 which includes a specific Site Development Plan for the site.

These provisions are carried forward into the Hobart draft LPS as a new Particular Purpose Zone.

The Particular Purpose Zone - Macquarie Point(PDF, 375KB) translates the provisions of the existing Site Development Plan under the SCPS 1997, except for some adjustments to the use table to ensure the uses align better with the Tasmanian Planning Scheme use classes.

The Hobart draft LPS does not include any reference to a proposed stadium on the site.

The UTAS Sandy Bay campus is currently subject to a Particular Purpose Zone under the Hobart Interim Planning Scheme 2015. The Hobart draft LPS translates these provisions directly across from the Interim Scheme and no strategic changes are proposed as part of this process.

The Council's policy position on short stay visitor accommodation has changed since the Hobart draft LPS was initiated and as such, the Council's proposed restriction on whole dwelling short stay visitor accommodation in residential zones is not included.

It should be noted that the State Planning Provisions do not restrict whole dwelling short stay visitor accommodation in residential zones.