Epic Amber Pty Ltd v Glamorgan/Spring Bay Council
[2000] TASSC 119
•29 August 2000
[2000] TASSC 119
CITATION: Epic Amber Pty Ltd v Glamorgan/Spring Bay Council & Ors [2000] TASSC 119
PARTIES: EPIC AMBER PTY LTD
v
GLAMORGAN/SPRING BAY COUNCIL
TRUSSLER, Harry
FAHEY, Wallace
FAHEY, Marie
CRUSE, Leon Eric
CRUSE, Shirley Florence
BAILEY, Scott Timothy
YOUNG, Michelle Maree
WHITE, Yvonne
BAILEY, Andrew
WYLLIE, Dianne June
TITLE OF COURT: SUPREME COURT OF TASMANIA
JURISDICTION: APPELLATE
FILE NO/S: LCA 1/2000
DELIVERED ON: 29 August 2000
DELIVERED AT: Hobart
HEARING DATE/S: 18 July 2000
JUDGMENT OF: Underwood J
CATCHWORDS:
Local Government - Town planning - Consent and approval of councils (development and like applications) - Particular zones and areas - Other zones or areas - Road zone - Construction of planning scheme - Access to certain roads a permitted use.
Land Use Planning and Approvals Act1993 (Tas), s58.
Aust Dig Local Government [236]
REPRESENTATION:
Counsel:
Appellant: K J Stanton
Second to Eleventh Respondents: R W Pearce
Solicitors:
Appellant: Rae & Partners
Second to Eleventh Respondents: Douglas & Collins
Judgment ID Number: [2000] TASSC 119
Number of paragraphs: 47
Serial No 119/2000
File No LCA 1/2000
EPIC AMBER PTY LTD v GLAMORGAN/SPRING BAY COUNCIL, HARRY TRUSSLER, WALLACE FAHEY, MARIE FAHEY, LEON ERIC CRUSE, SHIRLEY FLORENCE CRUSE, SCOTT TIMOTHY BAILEY, MICHELLE MAREE YOUNG, YVONNE WHITE, ANDREW BAILEY and DIANNE JUNE WYLLIE
REASONS FOR JUDGMENT UNDERWOOD J
29 August 2000
The appellant is the owner of the Beachfront Tavern at Bicheno. The tavern fronts onto the Tasman Highway. Its rear boundary adjoins a residential street called Beattie Avenue. The land on which the tavern stands and Beattie Avenue are within the provisions of the Glamorgan/Spring Bay Planning Scheme 1994 ("the scheme"), but the appellant's planning permit to use its land for the purpose of a licensed establishment was granted in 1986, presumably pursuant to a predecessor of the scheme or an interim order. At all events, it was common ground that the permit to use the land as a licensed establishment was subject to the condition that "there be no access to Beattie Avenue from the car park".
Customers of the appellant enter and leave the tavern from the Tasman Highway. The rear portion of the land is used as a car park. In order to convert its bottle-shop into a "drive-through operation", the appellant applied to the respondent council for a permit to use Beattie Avenue as an access to, or rather, an exit from, the tavern site during the hours that the bottle-shop is open. The council considered the application and refused it. From that refusal the appellant appealed to the Resource Management and Planning Appeal Tribunal ("the Tribunal"). The appeal was dismissed. The notice of appeal to this Court from that decision contains two grounds. Both are encapsulated in the proposition that the respondent council, and hence the Tribunal, erred in determining that there was a discretion to grant or refuse the permit application because the terms of the scheme are such that the obligation was to grant the application, either conditionally or unconditionally. Consideration of this appeal requires an examination of the provisions of the scheme, but first, it is necessary to note that by virtue of the Land Use Planning and Approvals Act 1993 ("the Act"), s20(3), the commencement of the scheme did not prevent the continued use of the appellant's land and buildings for the "purposes for which it was being lawfully used before the coming into operation of the scheme".
The Act, s51, forbids the commencement of any use or development for which the scheme requires a permit unless a permit for such use or development has been granted. Finally, the Act, s58, obliges a planning authority to grant an application for a permit, either unconditionally or subject to conditions or restrictions, if the application meets the requirements of the scheme and is in respect of a use or development under which the planning authority is bound to grant a permit. The appellant's case is that, upon a proper construction of the scheme, the permit sought by the appellant was one to which the Act, s58 applied.
The appellant's land is situate in the Resort/Residential zone of the scheme. The scheme provides that the use of land in that zone for a licensed establishment is a discretionary use. By cl 4.7.1 the scheme further provides that where a proposed use constitutes a necessary, integral and subservient part of an existing or proposed use, it shall be treated as part of that use. Accordingly, the Tribunal held that it had a discretion to allow or reject the application for access to Beattie Avenue which was, in effect, an application to remove the condition originally attached to the planning permit. Mr Stanton, who appeared as counsel for the appellant, submitted that the application was with respect to land in a Road zone and not in a Resort/Residential zone. This submission was rejected by the Tribunal.
The scheme is extensive and detailed. It comprises:
| Part 1 | Introduction. |
| Part 2 | Sets out the definition of many words ("planning terminology") including "access" and "Road". |
| Part 3 | Defines the various uses to which land might be put under the heading "Definition of use or Development Applications". |
| Part 4 | Deals with use and development applications. This part commences with the general proposition that a person shall not use and develop land without a permit. |
| Part 5 | Concerns exemptions from permits. |
| Part 6 | Deals with what the scheme calls "Other Matters" such as unstable land and scenic corridors. |
| Part 7 | Sets out the general "intents, goals and objectives" of the scheme. |
| Part 8 | Sets out the various zones within the scheme and (inter alia) specifies which uses are permitted, which uses are discretionary and which uses are prohibited in each zone. |
The scheme ends with a number of schedules, all but one of which are irrelevant for present purposes.
The following definitions are taken from the scheme:
| Road | Land over which the general public has permanent right of passage including the whole width between abutting property boundaries, all footpaths and the like, and all bridges over which such a Road passes, being a Road which is the responsibility of the Minister administering the Roads and Jetties Act 1935 or, a Road for which the Council has accepted responsibility. |
| Road Authority | Means for state Roads, the Minister administering the Roads and Jetties Act 1935 and, for Roads other than State Roads, the Council. |
| Access or Vehicular Access | Means any place where vehicles enter and/or leave a Road from a lot and includes private entrances, driveways and farm gates. |
All the definitions in the planning terminology section of the scheme are expressed to apply "unless it is inconsistent with the context or the subject matter".
The scheme, Pt8, addresses the zones into which the municipality is divided. There are 16 zones, some are general, such as the Residential and the Resort/Residential zone, and some address areas with specific needs, such as the Dolphin Sands zone and the Military Purposes zone. The fifteenth zone in the planning scheme is the Road zone.
The scheme sets out the specifications of each zone in more or less the same way. First, there is a statement of the intent of the zone. (How an area of land can have a state of mind is not explained.) Next, there are set out some general standards for the zone and, last, there is a list of those uses that are permitted, those uses that are discretionary and those uses that are prohibited. Some uses in some zones are exempted from the provisions of the scheme.
The uses are defined by that part of the scheme which defines "use or development applications". Prohibited uses are invariably defined as all those uses in a zone that are not shown as exempt, permitted or discretionary. In some zones, there are special areas that are dealt with separately, such as the fishing port at Bicheno, known as the Gulch, and located in the Industrial zone.
In an attempt to make these reasons for judgment a little more intelligible, I annexe to them a copy of the scheme's Road zone. It can be seen that the commencement of the Road zone is set out in the same way as is the commencement of all the other zones in the scheme. There is an opening statement of the intent of the zone, followed by a deeming provision which makes all roads (as defined by the scheme) in the municipality part of the Road zone. Next, there appears what might be described as two general provisions, the first of which provides:
"8.15.3 Application for a Permit
The application for a permit for use or development in the Road zone requires the written approval of the Road Authority."
The second general provision, cl 8.15.4, then deals with the approval procedures for three kinds of works in the Road zone namely:
(1)work by or on behalf of a road authority on land adjoining a road, required for, or incidental to, road maintenance or minor roadworks;
(2)major road improvement; and
(3)major roadworks.
Road maintenance, minor roadworks, major road improvement and major roadworks are all uses defined in the scheme's uses or development applications provisions.
The scheme, cl 8.15.4, exempts from the permit requirements, the works listed first above and, with respect to the works listed second and third above, prescribes conditions precedent, such as community consultation, before an application for a permit can be made.
Thus far, in general terms, it can be seen that a road authority, frequently the municipality itself, must apply for a permit to do work on a Road. If the work is to be done by someone other than the road authority, then the road authority must approve the application for a permit in writing.
In common with the structure used by the scheme to prescribe the requirements of other zones, there is then set out in the Road zone the uses which are exempt, permitted, discretionary or prohibited. The last mentioned uses are described in the same way as prohibited uses are described in all the other zones.
There are five uses in the Road zone that are exempt from its provisions. It will be a relief to those who live in, or visit the municipality, to know that it is not necessary to apply for a permit to use a Road in the Glamorgan/Spring Bay Municipality:
"… for the passage of vehicles, bicycles, pedestrians and led, driven and ridden animals and the legal parking of any of the foregoing."
There follows a list of permitted uses and discretionary uses. All these uses are defined in the scheme's use or development applications section. I note that in the Road zone, permitted uses include "Utility services (minor)", and that discretionary uses include "Utility services (major)". Neither of those expressions are defined in the use or development applications section of the scheme but, in lieu thereof, appear the definitions of "Public utility (minor)" and "Public utility (major)". Nothing turns on what appears to be a small discrepancy.
Before proceeding further with this examination of the provisions of the Road zone section of the scheme, it is appropriate to ask into what defined use does the construction and use of a new crossing fall; a crossing that will give vehicular access between a road and an adjoining property. If it does not fall within a use that is either exempt, permitted or discretionary, then in accordance with the provisions of cl 8.15.5, such a development and use would appear to be prohibited.
The construction of a crossing does not fall within the definition of:
· road maintenance;
· major roadworks; or
· major road improvements.
Interestingly, the definition of minor roadworks includes:
"c) The formation, widening, improvement or alteration of any existing access by, or on behalf of, the road authority; or …". [emphasis added]
There is a definition of roadworks in the use or development applications section of the scheme. It provides:
"Roadworks
means:
a) work undertaken in, on, under or over the carriageway(s), Road shoulders, medians, bridges, culverts, footpaths and verges including all drainage associated with the Roadworks;
b) work necessary to install and maintain Road-signs, traffic control devices, infrastructure, landscaping, planting and tree removal required to ensure amenity and safe, efficient and convenient use of a Road."
It appears clear to me that the construction of a crossing to give access to a property adjoining a road falls within the definition of roadworks.
The opening provision of the definition of minor roadworks is:
"Minor Roadworks
means, within a Road zone
a)All roadworks other than major roadworks, major road improvements, other roadworks and road maintenance;
b)…
c)…
d)…"
The matter now becomes complicated because, although the definitions of major roadworks, major road improvements and road maintenance are all clear enough, the definition of "other roadworks" is:
"Other Roadworks
means works associated with roadworks, not otherwise defined."
I confess to experiencing some difficulty understanding that definition but, at all events, given the breadth of the definition of "roadworks", the construction of a crossover must fall within it and it follows that such a construction falls within the meaning of minor roadworks, as defined by par(a) of the definition of "minor roadworks".
I am conscious that this interpretation sits rather uneasily with the special reference in par(c) in the definition of "minor Roadworks" to existing accesses, because it makes that clause otiose. The same could equally be said about par(b) of the same definition. Nonetheless, the words used to define roadworks are wide sweeping and the definition of minor roadworks, par(a) is clear in this respect, so I adhere to the construction I have adopted notwithstanding that it makes some parts of the definition of minor roadworks otiose. Thus far then, upon the basis that the construction of a crossing from a road to a private property constitutes minor roadworks within the meaning of the scheme, it is a permitted development, provided the application for a permit contains the written approval of the road authority. In its reasons for judgment, the Tribunal held that:
· the appellant did not own any land within the Road zone;
· the application for a permit did not carry the consent of the owner of the road reserve, being the municipality, as is required by the Act, s52 [and the scheme];
· therefore, the permit application was confined to land owned by the appellant and, in consequence, its determination was governed by the provisions of the scheme relating to land in the Resort/Residential zone and not by the provisions relating to land within the Road zone.
Upon appeal to this Court, Mr Stanton contended that the argument put to the Tribunal by then counsel for all respondents other than the first named, was not properly understood. Mr Stanton said that the argument was that there are further provisions in that part of the scheme which concern land in the Road zone, which provide a separate code for access to all roads within the municipality. Mr Stanton submitted that the provisions of cl 8.15.5 had no bearing upon access as defined by the scheme. It is therefore necessary to proceed with an examination of the provisions of the scheme in-so-far as they relate to land in the Road zone.
Following the list of exempt, permitted, discretionary and prohibited uses, cl 8.15.6 provides with respect to "access", or, to incorporate the definition of access in the scheme, "… any place where vehicles enter and/or leave a road from a lot and includ[ing] private entrances, driveways, and farm gates":
"Subject to the provisions of the Road hierarchy cl 8.15.7:
a) An existing access shall be deemed to be a new access where it is required to service:
· a change in use or development; or
· an intensification of an existing use resulting in a material change in the use of the access.
b) A permit is required for the development and use of a new access to a category II or III Road irrespective of whether it is associated with any other development or use proposal. The status of the permit is shown for the category of Road in the Road hierarchy tables.
c) A new access for Road categories II and III must, and for Road categories IV and V should, comply with the minimum sight distance standards in schedule 4. The safe intersection sight distances shown are the minimum standard.
d) Access to a category II or III Road should be located not less than 50 metres from an access located on the opposite side of that Road when measured between the centreline of those access points along the centreline of that Road.
e) A permit shall not be granted for an access on a side Road 100 metres of a junction with a category II and III Road.
f) For the purposes of (v) above, the distance shall be measured from the holding line at the junction of the side Road with the category II or III Road.
g) For category II or III Roads, a permit for an access may, as a condition, direct that other existing accesses be permanently closed.
h) Crown Reserves, rights-of-way, or reserved Roads of any description are not to be used as accesses other than in conformity with the Road hierarchy."
Curiously, so far as I have been able to ascertain, the scheme makes no reference to a category I Road. Also, it may be noted that while cl 8.15.6, par(f) refers to, "the purposes of (v) above, …" there is no par(v). I assume that the reference to par(v) is meant to be a reference to par(e).
The scheme, cl 4.3, applies to all the lands within the confines of the scheme. This clause provides:
"4.3 Permitted Use and Development
A use or development of land which is depicted in Part 8 as permitted and which complies, without relaxation or modification, with any relevant development standard and also complies with the provisions of any schedule of the scheme will require an application for a permit, which the Council shall grant with or without conditions."
Having regard to the provisions of that clause, the only possible construction that I am able to put upon the provisions of cl 8.15.6, par(b), is that a reference to a permit being required is a reference to a separate permit being required, irrespective of whether the access sought is associated with any other development or use proposal which would, of necessity, require its own permit.
Clause 8.15.7 then sets out a "road hierarchy". It is significant that this clause commences with its own "intent" provisions that are in terms different from those that apply to the Road zone generally. One of those intents is:
"III to set access standards necessary for the operational efficiency and safety of the Road network; …".
Setting out in the Road zone separate provisions for "access" or "place[s] where vehicles enter and/or leave a Road from a lot and includ[ing] private entrances, driveways, and farm gates", and setting out in that zone, a separate intent clause for the road hierarchy, tends towards the construction that the Road zone deals with two issues quite separately, namely, use and development in the Road zone generally and access to and from that zone.
Clause 8.15.7 sets out four categories of road. The annexure shows how these are set out in tables, the formatting of which leaves a great deal to be desired. For each category there is set out:
· the function and description of the roads within that category;
· the "access status" of each of the roads within that category; and
· the "access management" for or of, each of the roads within that category.
The function and description of each of the four categories of road are quite straightforward. The access status section for each category of road is divided into two parts, viz, the access status of a new access and the access status of a new road junction. Thus, there is set out in this part of the Road zone, the status of a new "place[s] where vehicles enter and/or leave a road from a lot …, for each category of road.
I regret that I am unable to understand the provisions of the scheme under the heading "access status" for new accesses to roads in categories (II) and (III) for the table provides, with respect to each:
| "Permitted | For a use or development which is within a General Urban Speed Limit |
| Discretionary | For a use or development where no alternative access is possible; and it can be demonstrated to the Road authority and Council that such access will not unduly prejudice the safety and efficiency of the highway." |
Had discretionary uses above been confined to accesses not within the General Urban Speed Limit (which is defined by the scheme) I would be able to understand the access status of a new access to roads within categories (II) and (III), but this is not the case.
With respect to roads within category (IV), reference is made to uses or developments within a General Urban Speed Limit and uses that are not within such a speed limit. However, the use of the conjunctions "or" and "and" make the access status of new accesses to roads in category (IV) equally mystifying. The scheme provides in this respect:
| "Permitted | For a use or development which: Within a General Urban Speed Limit; or Not within a General Urban Speed Limit and one access per lot. Where possible access is on a common boundary and combined with the access serving the adjacent property |
| Discretionary | For all other accesses [sic]" |
However, with respect to category (V) roads, the access status is unequivocally clear. It is permitted by the scheme.
I find that I am unable to understand the meaning of the scheme, cl 8.15.7 where it makes provision with respect to the "access management" of each of the four categories of road under the headings "Method" and "Administered By".
I should interpolate here that the respondent municipality chose not to be represented, and not to make any submissions upon the hearing of this appeal. No doubt, there were good reasons for this decision, but had the municipality been represented and put argument with respect to the meaning of its planning scheme, light might have been shed on the true meaning of the provisions in the scheme with which I have experienced some difficulty. Notwithstanding these difficulties, having regard to:
· the making of separate provisions within the Road zone of the scheme for "access" as defined;
· the provision of an intent for all roads within the ambit of the scheme to set access standards necessary for the operational efficiency and safety of the road network; and
· the making of provisions with respect to all roads for the status of every new place where vehicles enter and/or leave a road from a lot [including] private entrances, driveways and farm gates;
there is a clear indication that the scheme intends to provide a code for all new accesses making them either permitted (conditionally or unconditionally) or discretionary.
This approach is further strengthened by the provisions of cl 8.15.6(c), which provides:
"c) A new access for road categories II and III must, and for road categories IV and V should, comply with the minimum sight distance standards in schedule 4. The safe intersection sight distances shown are the minimum standard."
There is nothing in the remainder of the provisions relating to land in the Road zone that causes me to change the view I have formed:
· clause 8.15.8 deals with setbacks from the road;
· clause 8.15.9 deals with certain deficient road junctions;
· clause 8.15.10 deals with traffic assessment.
· cl 8.15.11 deals with referrals to the road authority whenever the provisions of the scheme require consultation with, or approval from, the road authority.
In the present context, it may be noted that a traffic impact assessment shall be submitted with all applications involving (inter alia):
"(ii)(b) A use or development with direct access to a category IV or V road that will make a material change to traffic on that road;"
Thus, I conclude that although the construction of a crossing from a road to adjoining land falls within the definition of minor roadworks, such use falls within the provisions of the scheme, cl 8.15.6 (which itself incorporates cl 8.15.7), and not cl 8.15.5.
Mr Stanton submitted that if I reached this conclusion, the appeal must be allowed, as the use is a permitted use. However, that overlooks the provisions of the scheme, cl 4.3 which provides that there must be an application for a permit, even for a permitted use, which the council shall grant either conditionally or unconditionally. Further, that submission overlooks the provisions of the scheme, cl 8.15.3 which provides that an application for a permit for a use or development in the Road zone requires the written approval of the road authority. In this case, there was no written approval of the road authority. What is the effect of that? If the written approval of the municipality is required, is a refusal to give such approval a matter in respect of which there is an appeal? Prima facie it would seem no. These matters raise further difficulties of construction of the planning scheme which were not addressed by counsel upon the appeal to this Court. Before concluding this appeal with a final order I invite counsel, and should he or she wish to do so, counsel for the municipality, to make submissions upon these matters.
ANNEXURE
Part 8 - Zones 106
| 8.15 Road Zone | 8.15.4 Approval Procedures for Certain Roadworks |
| 8.15.1 Intent | |
| The intent of the Road zone is: | (i) Road Maintenance and Minor Roadworks |
| a) To enable the public road system to be planned constructed and maintained in a manner that furthers the objectives of the Act. b) To ensure that use or development for roads is sympathetic to the landscape, culture/historical and environmental values of Glamorgan/Spring Bay as identified in the scheme. c) To ensure that the planning, use and development of roads is integrated with other movement systems, including rail, bus, bicycle and pedestrian networks. | The carrying out of works by or for a Road Authority on land adjoining the boundary of a road zone required for, or incidental to, road maintenance or minor roadworks, shall not require the issue of any further or separate permits. (ii) Major Road Improvement An application for a permit for a major road improvement shall, where required by the planning authority, include prior community consultation, social, economic and traffic impact assessments and environmental impact assessments made in accordance with the principles embodied in section 74 of the Environmental Management and Pollution Control Act 1994. |
| 8.15.2 Land Deemed to be Included in a Road Zone Any land that is a road (as defined in Part 2) irrespective of what colour it is shown in on the plan, shall be deemed to be in the road zone. 8.15.3 Application for a Permit The application for a permit for use or development in the road zone requires the written approval of the Road Authority. | (iii) Major Roadworks An application for a permit for a major roadworks shall include prior community consultation, social, economic and traffic impact assessments and environmental impact assessments made in accordance with the principles embodied in section 74 of the Environmental Management and Pollution Control Act 1994. |
Glamorgan Spring Bay Planning Scheme 1994
Part 8 - Zones 107
| 8.15.5 Status of Use or Development | Major roadworks |
| a) Exempt Use or Development | Other roadworks integral to another use or development |
| The following use or development is exempt from requiring a permit in the road zone: I An access by a Road Authority during road construction II With the approval of the Road Authority, commercial or any other activity on any road or part thereof for any purpose that may be conducted under a by-law or other legislation III Maintenance of utility services IV Road maintenance V The use of land for the passage of vehicles, bicycles, pedestrians and led, driven and ridden animals and the legal parking of any of the foregoing. a) Permitted Use or Development The following use or development is permitted in the Road zone: Utility services (minor) Major road improvements | Minor roadworks b) Discretionary Use or Development The following use or development is discretionary in the Road zone: Information Bay Tourist features and lookouts (including parking areas) Amenity or rest area Miscellaneous Road Depot Produce stall in a Category IV - V road Subdivision Telecommunications Structure Utility Services (major) Weighing Stations. c) Prohibited Use or Development The following use or development is prohibited in the Road zone: |
Glamorgan Spring Bay Planning Scheme 1994
Part 8 - Zones 108
| Use or development not specifically defined as exempt, permitted or discretionary within this zone. | d) Access to a category II or III road should be located not less than 50 metres from an access located on the opposite side of that road when measured between the centreline of those access points along the centreline of that road. |
| 8.15.6 Access | e) A permit shall not be granted for an access on a side road 100 metres of a junction with a category II or III road. |
| Subject to the provisions of the road hierarchy clause 8.15.7 a) An existing access shall be deemed to be a new access where it is required to service: · a change in use or development; OR · an intensification of an existing use resulting in a material change in the use of the access. b) A permit is required for the development and use of a new access to a category II or III road irrespective of whether it is associated with any other development or use proposal. The status of the permit is shown for the category of road in the road hierarchy tables. c) A new access for road categories II and III must, and for road categories IV and V should, comply with the minimum sight distance standards in schedule 4. The safe intersection sight distances shown are the minimum standard. | f) For the purposes of (v) above, the distance shall be measured from the holding line at the junction of the side road with the category II or III road. g) For category II or III roads, a permit for an access may, as a condition, direct that other existing accesses be permanently closed. h) Crown Reserves, rights-of-way, or reserved roads of any description are not to be used as accesses other than in conformity with the road hierarchy |
Glamorgan Spring Bay Planning Scheme 1994
Part 8 - Zones 109
| 8.15.7 Road Hierarchy | (ii) Access Status Category II Roads | |||
| a) Intent | NEW ACCESS | NEW ROAD JUNCTIONS | ||
| I To set the strategic road pattern through the classification of roads according to function; II to achieve a consistent road network across Council boundaries; | Permitted For a use or development which is within a General Urban Speed Limit | Permitted When within a General Urban Speed Limit | ||
| III to set access standards necessary for the operational efficiency and safety of the road network; and IV to assist in linking road design, function and capacity to land use and development. | Discretionary For a use or development where no alternative access is possible; and it can be demonstrated to the road authority and Council that such access will not unduly prejudice the safety and efficiency of the highway. | Discretionary Where no alternative access is possible | ||
| (iii) Access Management Category II Roads | |||||||||||
| b) Category II Roads (Arterials) | METHOD | ADMINISTERED BY | |||||||||
| (i) Function | Limited access where appropriate otherwise the Scheme. | Road Authority, and Council. | |||||||||
| ROAD FUNCTION | TRAFFIC FUNCTION | CATEGORY II ROADS | |||||||||
| Regional roads of State importance and to provide inter-urban links | Medium distance, linking Strategic Network (Category I) with discrete centres | Tasman Highway from Sorell boundary to Freestone Point Development Road. Freestone Point Development Road. | c) Category III roads (Sub-Arterials) (i) Function | ||||||||
| ROAD FUNCTION | TRAFFIC FUNCTION | CATEGORY III ROADS | |||||||||
| To provide accessibility to outlying rural areas and/or provide significant intra-urban links | Medium distance rural and important intra-urban movement | Tasmanian Highway, between Freestone Point Developmental Road and Swansea | |||||||||
Glamorgan Spring Bay Planning Scheme 1994
Part 8 - Zones 110
| (ii) Access Status Category III Roads | (ii) Access Status Category IV Roads |
| NEW ACCESS | NEW ROAD JUNCTIONS | NEW ACCESS | NEW ROAD JUNCTIONS | ||
| Permitted For a use or development which is within a General Urban Speed Limit | When within a General Urban Speed Limit | Permitted For use or development which: Within a General Urban Speed Limit; | Permitted | ||
| Discretionary For a use or development where no alternative access is possible; and it can be demonstrated to the road authority and Council that such access will not unduly prejudice the safety and efficiency of the highway. | Discretionary Where no suitable alternative access is possible | or Not within a General Urban Speed Limit and one access per lot. Where possible access is on a common boundary and combined with the access serving the adjacent property. | |||
| (iii) Access Management Category III Roads | Discretionary For all other accesses | ||||
| METHOD | ADMINISTERED BY | ||||
| Control exercised through the Scheme. Complementary limited access where appropriate. | Council, in conjunction with Road Authority | (iii) Access Management Category IV Roads | |||||||||
| METHOD | ADMINISTERED BY | ||||||||||
| d) Category IV Roads (Feeders) (i) Function | Planning Scheme Where possible, access to be via adjacent access road (Category V) | Council | |||||||||
| ROAD FUNCTION | TRAFFIC FUNCTION | CATEGORY IV ROADS | |||||||||
| Collector and distributor roads that link access roads (Category V) to arterial and sub-arterial roads (Categories II and III) | Local Traffic | · Tasman Highway between Swansea and Break O'Day boundary · Coles Bay Tourist Road | e) Category V Roads (Access) (i) Function | ||||||||
| ROAD FUNCTION | TRAFFIC FUNCTION | ADMINISTERED BY | |||||||||
| Primarily property access | Local traffic | Lake Leake Main Road. All public roads not listed in Categories I-IV | |||||||||
Glamorgan Spring Bay Planning Scheme 1994
Part 8 - Zones 111
| (ii) Access Status Category V Roads | c) to reduce the impact of new buildings and to preserve the visual amenity of the corridor; | ||
| NEW ACCESS | NEW ROAD JUNCTIONS | d) to provide for other movement systems segregated from vehicular traffic, eg, footpaths, bicycle paths and horse riding trails; | |
| Permitted | Permitted | e) to allow for noise alleviation to dwellings; and | |
| (iii) Access Management Category V Roads | f) to prevent undesirable and disruptive highway/land use interaction | ||
| METHOD | ADMINISTERED BY | ||
| Planning Scheme | Council | (iii) All new lots shall be designed so that the minimum setbacks specified in Part 8 can be achieved. | |
| 8.15.8 Setbacks from Roads (i) The building set back from a road is specified in each zone. (ii) The intent of a setback from a road is to ensure an adequate road corridor, alongside existing or future roads, for one or more of the following purposes: a) to allow for future road upgrading; (b) to avoid potential road safety hazards, eg, obstruction of sight distance, distracting lights, etc; | (iv) New roads shall be designed to ensure that the setback requirements of the scheme from existing residential buildings can be met. Where this is not possible then the Road Authority must require appropriate attenuation measures to be incorporated into the road design to ensure that the noise at the facade of any existing residential building shall not exceed more than 63 dB (A) L1018 hrs. |
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| 8.15.9 Deficient Junctions (i) A deficient junction is a road junction to a category II or III road outside an area subject to a general urban speed limit that has been identified by the Road Authority or a traffic impact assessment as being deficient in terms of sight distance and/or geometry. (ii) The following junctions with State roads outside the 60km/h-speed zone are considered deficient by the Department of Infrastructure Resources and Energy: Montgomerys Road Strip Road Boathouse Road Sally Peak Road Louisville Road Saltworks Road Victoria Street (Triabunna) Pontypool Road Melbourne Street Mayfield Jetty Road Hermitage Road Cathcart Road Green Hills Road Seaford Road (iii) A permit for a use that will generate a material change in the daily traffic volume on a side road to a deficient junction shall not be commenced until the junction has been upgraded to current national "Austroads" standards and certified accordingly by the relevant Road Authority. | (iv) Clause 1.3.3 does not apply where the daily side road traffic volume, including that generated by the proposed use will be less than 100 vehicle movements. 8.15. 10 Traffic Impact Assessments (i) A traffic impact assessment is a study to ascertain for a proposed use or development: a the impact on the road network including whether the road network can accommodate the additional vehicles without decreasing safety standards; and b the land use, amenity and environmental implications including whether the traffic would create additional noise and intrusion. (ii) A traffic impact assessment shall be submitted with all applications involving: a a new side road junction, or a direct access, to a category II or III road; b A use or development with direct access to a category IV or V road that will make a material change to traffic on that road; |
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| c Roadworks constituting a major road improvement or major road works. (iii) The responsibility for producing the traffic impact assessment document lies with the applicant. (iv) Traffic impact assessments shall be undertaken for present day conditions and the assessed future situation. (v) A traffic impact assessment shall be referred to the Road Authority together with a copy of the planning application and the relevant scheme provisions. (vi) The Road Authority shall provide a report to Council within 28 days of referral, or such longer period as may be agreed. Council shall consider all recommendations received from the Road Authority prior to making a decision on the application. | (a) a copy of the application; and (b) a report from Council providing details of: · the relevant zone; · the permitted and discretionary uses and use category for the intended use of the land; · the sight distances and speed of traffic passing the proposed access or accesses; · a locality plan that will enable the land to be identified and inspected; · where required by Council, a request for a joint inspection of the land; and · any other matters that Council considers should be addressed by the Road Authority |
| 8.15.11 Referrals to the Road Authority | (ii) The Road Authority shall provide a report to the Council within 28 days, which may include: |
| (i) An application for a permit must be referred to the Road Authority for comment wherever the scheme requires the approval, agreement, recommendation of, or consultation with, the Road Authority, together with: | a advice that the Road Authority does not wish to make any representation with respect to the application; or b advice on matters which should be considered by Council when making a determination on the application; or cconditions which Council should attach to a permit (iii) Within 14 days of making a determination Council shall advise the Road Authority accordingly and where a permit has been granted a copy of the permit is to be forwarded to the Road Authority. |
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