Sven Wiener
Anyone with property in West Tamar Municipality might be interested to know that West Tamar Council’s new planning scheme comes into force on 1 December 2008 after having been signed off by the Minister for Planning (probably Acting Minister Graeme Sturges) on Thursday 13 November. The old planning scheme came into force in 1986.

From 1 December 2008 onwards, building of front fences higher than 1.4m will no longer automatically be allowed without first submitting a planning application. However I’m told that if you make any sort of start on construction of a fence higher than this (not higher though than 2.1m and not out of heavy construction materials such as brick or concrete) before 1 December 2008, you will then be entitled to continue construction at your leisure for up to three years. Commence work before 1 December and you also wont need to lodge that $250 planning application first with possibility of rejection based on what the neighbours and councillors think ! Perhaps double check details first with the council planners.

So far only Central Coast Council (i.e. Ulverstone, Penguin) has had these new State government imposed planning rules come into force preventing building on properties under 50 hectares/125 acres in size. The impacts on many property owners could be quite major considering how much the ability to build a residence affects the market value of a bush property.

Furthermore a lot of mainland retirees had prior to emergence on the horizon of this new planning scheme, bought hobby farm-sized bush properties in the West Tamar with the plan of eventually building on them. See minutes from discussion at the Special Meeting held by council on this issue in April 2007: http://www.wtc.tas.gov.au/webdata/resources/files/Microsoft_Word_-_MINUTES_Special_Meeting.pdf

In response to community concerns aired at the council’s Special Meeting in April 2007, councillors have managed to get the RPDC to amend this building restriction for Rural Resource zoned properties under 125 acres in size. It will be interesting to see just how successfully this rather wishy-washy exemption amendment (i.e. to allow building on Rural Resource zoned properties under 125 acres in size) works in practice:

“A dwelling must:

(a) be integral to

(i) animal breeding, boarding or training or

(ii) resource development; or

(iii) tourist operation; or

(iv) natural and cultural values management; and

(b) not be on prime agricultural land unless the dwelling unit is within the curtilage of existing resource

development buildings; and

(c) contribute to and enhance the landscape; and

(d) be unlikely to fetter resource development on another lot (whether in the same ownership or not) taking into consideration:

(i) the topography of the land;

(ii) the location of water catchments;

(iii) buffer created by natural or other features; and

(iv) the location of dwellings on adjoining properties.

The proof will be in the eating for those who attempt to still build on such properties which make up a large proportion of the municipality. A lot is left up to the discretion of the council planners regarding how they interpret proposed use of the property and likely encroachment on possible use of adjoining properties by adjoining owners or potential future adjoining owners. Council Planning’s decisions will still be challengeable in the Resource Management and Planning Appeals Tribunal though this avenue of appeal looks likely to be tightened considerably at some future stage.”

The new planning scheme will also allow for tree plantations to be located to the west of West Tamar Highway which was formerly prohibited under the old planning scheme. West Tamar Councillor Rick Shegog (probably a Tas Liberal Party card carrying member as seems to be the case with councillors Burr, Easther, Roach & Doddy) has voiced concerns that the scenic views around wine-growing area Rosevears could be substantially altered if forestry MIS companies manage to get into that area. A council public meeting on the new planning scheme is likely to be held in February.

West Tamar Mayor Easther, whose house is on a Rural Resource zoned property of below 125 acres in size, had concerns that if his house burnt down, would he be able to rebuild it. However according to Planning Minister adviser David Pearce, existing uses wont be impacted and so the mayor will be able to rebuild his house in the same place if it does end up getting burnt down.