Interview with Rowan Moore,

Environmental Development Planner,

Hobart City Council

*NB. Please note that these are the views of the officer and do not necessarily reflect the views of the Council.

Is there a view on what size blocks within bushfire prone area might be preferred to help mitigate against bushfire?

  • For the worst case scenario, the Guidelines for Development in Bushfire Prone Areas of Tasmania (TFS, 2005) recommend fuel management zones (building protection and fuel modified buffer zones) around dwellings of 90m. In most situations however, fuel management zones of around 40-45m are applicable. If adjacent lots are not being subject to fuel management, lots will need to be of adequate dimensions to accommodate the dwelling and fuel management zonesor an alternative solution will need to be devised. Alternative solutions may include formal agreements with adjacent landowners for fuel management on adjacent land or fire–resistant dwelling construction (i.e. AS3959).
  • Large lotswill allow for the establishment of adequate fuel management zones around houses while also allowing for some bushland to be retained (subject to lot size and dimensions).
  • Smaller lotswill generally require alternative solutions such as a high level of fire-resistant construction or reliance on management of adjacent land. There is little opportunity to maintain native vegetation on small lots in bushfire-prone areas. Bushfire risk for smaller lots is usually relatively easy to manage if part of a larger subdivision where a bushfire hazard management plan (BHMP) is prepared for the entire subdivision.
  • One of the most effective ways to provide adequate bushfire protection while minimising the need for vegetation removal is for dwellings to be ‘clustered’ into small hamlets thereby only necessitating vegetation management around the permitter of the hamlet (meaning that the relative amount of vegetation management per dwelling is minimised). This is most easily achieved if provided for in the configuration of a subdivision.

What is required by the council for new developments in Mt Nelson area?

Submission requirements for a subdivision or new dwelling in Mt Nelson may include:

  • Flora & fauna survey/Environmental values report – Identification and description of vegetation communities, list of flora species present (including weeds), list of fauna species observed or likely to utilise the site, impact of the development uponbiodiversity values, recommendations for mitigation/offset measures.
  • Bushfire Hazard Management Plan (BHMP) – Proposes bushfire hazard mitigation measures such fuel management zones, house construction, adequate water supply, adequate access for fire-fighting vehicles and landscaping. BHMPs must be prepared in accordance with the Guidelines for Development in Bushfire Prone Areas of Tasmania (TFS, 2005) and must be accompanied by a letter of endorsement from the TFS. BHMPs are often required to be included in a Part 5 Agreement with Council that is registered on the land title so that future landowners are made aware of their obligations to implement and maintain the BHMP.
  • Geotechnical assessment – A land stability (geotechnical) assessment is required in some cases to ensure that the land can support the proposed development from an engineering perspective and that the development will not lead to significant erosion or instability on adjacent land. The need for a geotechnical assessment is based upon the geology and the gradient of the proposed development site.
  • Visual impact assessment – in particular zones or in visually-sensitive locations.
  • Soil and Water Management Plan (SWMP) – Most dwelling developments are required to implement an approved SWMP that demonstrates how erosion will be minimised and management on the development site. These are usually required as a condition of approval.
  • Environmental Management Plan (EMP) – An EMP may be required by permit condition to guide the development where a site has significant environmental values or constraints.
  • Weed management plan (WMP) – WMPs are often required as a condition of approval in bushland areas where the site has been invaded by weeds.
  • Landscaping Plan –A landscaping plan may be required to demonstrate that appropriate revegetation of sites will occur. This will be relevant to bushfire protection, weed management, visual impact and erosion control.
  • Site Development Plan (SDP) – The City of Hobart Planning Scheme 1982 requires the submission of a SDP for developments in bushland in certain zones. The SDP must include information regarding vegetation and flora, waterways and environmental impact minimisation/mitigation measures.
  • Development and Environmental Management Plan (DEMP) - The City of Hobart Planning Scheme 1982 requires the submission of a DEMP for developments in the Landscape & Skyline Conservation Zone. The required elements of a DEMP are listed in clause 2.8 of the Planning Scheme.

How do you make decisions where competing values and what are some of the issues?

Differentofficers within Council (e.g. environmental, engineering, bushland reserves, provide recommendations to the case Development Appraisal Planner(DAP). The DAP considers the recommendations received, and then makes an assessment and recommendation to the Senior Statutory Planner, Development & Environmental Services Committee or Council who make a final decision. It is normal practice for the DAP to replicate the recommendations of the various referral officers unless there are issues of legality, inconsistency or errors.

The Environmental Development Planner (EDP) provides advice to the DAP on geotechnical, bushfire, waterway and biodiversity issues, so it is generally up to the EDP to determine how competing demands should be balanced (with some guidance from the Planning Scheme). The main issue of competing demands is that of ensuring adequate protection from bushfire (usually through vegetation clearance/modification around dwellings)while minimising the removal of vegetation (which impacts upon the biodiversity values of a site, can lead to deterioration of water quality in nearby waterways and can lead to geotechnical issues such as erosion and land instability). It often relies on subjective judgement about the merits of different values.

Planning Scheme Provisions

The City of Hobart Planning Scheme 1982 is the current planning scheme applying to the Mt Nelson area. However, Council is also developing the DraftCity of Hobart Planning Scheme 2009which is intended to contain mush stronger provisions relating to environmental issues. At this stage the draft scheme includes separate schedules relating to significant landscapes, bushland values, bushfire protection, geoheritage, water quality, land stability and waterways. Some of the key provisions of the current Planning Scheme relevant to bushfire, biodiversity and geotechnical issues are attached as Appendix A.

Vegetation clearing is regulated under two schedules of the current Planning Scheme – Schedule I Clearing of Land and Schedule L Bushland Management. Schedule I requires discretionary planning approval for:(1) the destruction of more than 500m2 of vegetation on any one lot within a two year period; or (2)any destruction of native vegetation within the Landscape & Skyline Conservation and Low Density Residential Zones; or (3) any destruction of native vegetation that has been required to be kept as a condition of a planning permit. These requirements are subject to the exemptions under clause I.3. It should also be noted that Hobart City Council is currently preparing a proposed planning scheme amendment to the current scheme to expand the number of zones where approval is required to destroy any native vegetation.

Local Government regulation of native vegetation clearing is particularly important since recent amendments to the Forest Practices Regulations 2007. In the past, the clearance of threatened native vegetation communities required the approval of the Forest Practices Authority, who would usually require an offset if the clearing was approved. FPA offsets usually required the formal protection (Conservation Covenant) of the same community in another location at a ratio of 5:1. However, the recent amendments no longer require FPA approval for vegetation clearance associated with residential development subject to a planning permit under the Land Use Planning and Approvals Act 1993.

What are the processes with respect to Bushfire Hazard Management Plans?

Once the council has approved a Bushfire Hazard Management Plan as part of its planning approval, it often requires the landowner to enter into a legal Part 5 Agreement with Council which requires the plan to be implemented and maintained and is registered on the land title for the lot. The Part 5 Agreement stays on the title and is required to be implemented by future owners and automatically transfers through to any new lots created from the parent lot. This requirement makes developments more costly and can cause complications for future developments on land subject to a Part 5 Agreement.

A key issue for Council is monitoring and enforcing compliance with BHMPs and Part 5 Agreements. There are about 400 BHMPs (and around 250 BHMP Part 5 Agreements) in the Hobart City Council jurisdiction and to monitor and review them takes considerable council resources. Last year 15 properties were audited for compliance. Thistook considerable time and illustrated a relatively low degree of compliance.This bushfire season every landowner subject to a Part 5 Agreement was sent a letter to remind them of their obligations relating to the BHMPs and Agreements.

A key issue is around the notion of the council’s “duty of care”. If these Agreements are not enforced and a major fire comes through and property is lost, is the council liable? Another issue is the process of enforcement – Part 5 Agreements can’t be enforced through the usual planning mechanisms, they need to go through the Supreme Court which is a major undertaking. However,planning conditions can be enforced via the Resource management and Planning Appeals Tribunal if worded adequately.

Vegetation abatement notices can be issued tothe owners of land that is considered to present a fire risk to adjacent properties, but these can not be used where the fire risk is only to the occupants of the subject property.

How does the community contribute to planning processes?

Public notifications are made for ‘discretionary’ development applications and any person may submit a representation on a proposed development during the 14 day exhibition period. Representations must be considered by the Planning Authority when making a decision. Representors have the right of appeal on Council’s decision.

When new draft planning schemes are proposed the public are invited to comment. This is generally the most effective way for community input into planning matters. However the schemes are usually massive documents, hard to understand and take time to master so public representations on new planning schemes are generally limited. However, collaborative models where community members are actively engaged in creating planning schemes seem to be more successful (greater longevity and less complaint).

Appendix A: Selected Environmental Provisions of the City of Hobart Planning Scheme 1982

State Policy Considerations

A.2 IMPLEMENTATION OF THE STATE POLICY ON WATER QUALITY MANAGEMENT

An application for a permit for the use or development of land shall be accompanied by sufficient information to demonstrate that it will not result in the transport of sediments into surface water such that environmental harm might be caused either during the carrying out of works, or the subsequent use of the land.

Council shall consider the information supplied with the application and determine whether,

a)the capability of the land is sufficient to support the use or development without giving rise to sediment transport and

b)if there is a risk of sediment transport into surface waters, the measures proposed to reduce such risk are adequate

Council may impose conditions on any permit to minimise the potential for erosion or water quality degradation.

For the purpose of this clause,

"surface waters"means all waters on the land surface, including both fresh and marine waters e.g. streams, lakes, estuaries and coastal waters. (State Policy on Water Quality Management 1997).

"environmental harm"means any adverse effect on the environment (of whatever degree or duration) and includes an environmental nuisance. (Environmental Management and Pollution Control Act 1994).

"capability of the land" means the capability of the land as determined by the geological stability and slope of the land, erodibility of the soil and extent and type of vegetation cover, to sustain use or development.

Administration

1.1.1Before granting or refusing approval for any development or imposing conditions in respect of any development the Council shall have regard to:

(a)the Principles;

(b)the Desired Future Character of the Precinct in which the development is situated;

(c)the provisions of any relevant Schedule and/or Code;

(d)any valid representation received in relation to an application for which Section 57 of the Act applies;

(e) to furthering the objectives of Schedule One of the Act;

(f)the Zone Objectives;

(g)any Site Development Plan; and

(h)any comments received from the Battery Point Advisory Committee on applications referred to it under section 2.2.

2.8 APPLICATION REQUIREMENTS IN THE LANDSCAPE AND SKYLINE CONSERVATION ZONE

An application to use or develop land in the Landscape and Skyline Conservation Zone must be accompanied by a Development and Environmental Management Plan, prepared by suitably qualified persons and showing:

(a) a botanical survey of the land including:

(i)assessment and report on the condition and long-term viability of any critical, urgent and important conservation priority vegetation communities; and,

(ii)the location of any present threatened species of flora and fauna.

(b) if in a bushfire prone area, identified by Council’s bushfire prone area mapping, an assessment of bushfire threat on the land, and a plan showing any mitigation and/or management prescriptions to minimise the threat to acceptable levels and to the satisfaction of the Tasmania Fire Service.

(c)all proposals for development or use, including buildings, infrastructure and other works, and a land disturbance plan showing all ground disturbance and vegetation to be retained, removed or modified.

(d)the existing or proposed zone boundaries over the land;

(e) an assessment of the landscape (cultural and visual) values and any impacts on those values arising from the proposed development. Such assessment should include:

(i)a description of the proposed development.

(ii)a description of the existing landscape and its values.

(iii)any proposals for the ongoing management of the land or its surroundings, with particular reference to actions that will prevent or mitigate adverse environmental or visual impacts.

(iv) identification of all potential impacts, prediction of their magnitude, and assessment of their significance, in relation to baseline conditions, the stability and resilience of the landscape to accommodate the proposed change.

(f) any proposals for monitoring and reporting of environmental changes on the land; and,

(g) any proposals for public pedestrian access to or through the land.

Principles

P.6Within the Residential and Rural Zones, the subdivision of land, other than minor boundary adjustments, shall not be permitted unless it is in conformity with the desired future character of its Precinct and it can be demonstrated that such subdivision will either:

(a)lead to an increase in population density whose needs can be met by existing community and physical services without deleterious effect on the environment; or

(b)ensure the orderly, proper and incremental expansion of the existing residential area of the City, and provide adequate physical and community service facilities and amenities for such an extension.

P.12Requirements regarding any matter affecting the appearance of land or buildings in the context of the desired future character of the relevant Precinct, including the provision and maintenance of landscaping and planting, may be imposed as conditions of approval of any new or changed use or development of land or buildings.

P.17Requirements regarding any matter affecting probable effects upon energy consumption, microclimate, or the prevention of environmental pollution by waste matter or noise, may be imposed as conditions for approval of any new or changed use or development of land and buildings.

P.22Development shall be assessed as to whether any part of the site is subject to the risk of landslip, soil instability, soil erosion, excessive slope, ponding or flooding, bushfire hazard, soil contamination or environmental or safety hazard or constraints. Conditions on a permit may impose requirements regarding measures to be taken to ensure the risk of any hazard or constraint is reduced to an acceptable level.

Schedules

Schedule D Siting and Landscaping

D.5 Landscaping

D.5.1In accordance with principle12 the council may require for any development, the submission of a landscaping plan which shall indicate the existing and proposed landscape features of the site.

D.6 Watercourses or Drainage Lines

D.6.1 Development shall be required to be set back as follows:

(a) a minimum of 10 metres from the top of the bank of any open watercourse or drainage line.

(b) a minimum of 3 metres from the centre of any piped watercourse.

D.6.2Council may exercise its discretion to refuse or permit any development which departs from the setbacks specified in D.6.1. Council will only approve a reduction in the specified setback where it can be demonstrated that:

a)there will be minimum adverse impact upon the environment,

b)no compromising of recreational opportunities,

c)there will be no increased risk of any hazard such as flooding, erosion or land instability level, and

d)there will be no constraint on access to a Council or other utility service.

Schedule I Clearing of Land

I.2APPROVAL REQUIRED
The Council has a discretion to refuse or permit the removal or destruction of vegetation and associated disturbance of soil in any zone where it involves:-

(a)an area of land greater than 500m2 on any one lot within 2 consecutive years;

(b)an area of land less than 500m2 containing vegetation which has been required to be retained as a condition of a planning permit: or

(c)any Significant Tree and sites with vegetation of known value listed in Appendix 1 to this Schedule.

I.3EXEMPTIONS
Notwithstanding I.2, planning approval is not required for the removal or destruction of vegetation or associated soil where it is for the purposes of:

(a)fire hazard reduction which does not involve the removal or destruction of any Significant Tree listed in Appendix 1 or any tree greater than 5m in height or with a circumference of trunk greater than 40cm measured 1m above the adjacent ground level unless that tree is within 20m of a dwelling or site approved for the construction of a dwelling ;