FAQ

This information describes the process involved in preparing and submitting an application for development and how the Huon Valley Council goes about assessment of that application.

Planning Permits are required for any use and development that is not considered exempt, ‘NPR’ (no planning permit required) or prohibited in accordance with the applicable Planning Scheme. You may require a planning permit from Council prior to undertaking one of the following:

• Building works/modification including additions
• Change of use of a building (e.g. from a residence to a B&B)
• Land clearing
• Excavation and/or placement of fill
• Erecting signage, or
• Make other modifications to a building or land.

This process allows Council to assess a proposal against current regulations to ensure that development fits within the desired character of the area, that neighbour’s rights such as privacy are protected, and no environmental harm is caused to the environment.

Development approval forms the first of 2-3 separate consents. The planning permit process is typically the first of several other approvals that you will require. For instance, you will require a Building Permit for most construction works. You may also require other approvals such as a Special Plumbing Permit for on-site wastewater disposal or approval from Council or other organisations to construct vehicular access or connect your land to reticulated services. You must not commence construction or change of use until all necessary approvals are in place.

It is important to receive a planning permit prior to proceeding with building and other approval processes, particularly in terms of engaging consultants to certify engineering and building plans as the planning permit could require modifications to the building design and additional consulting costs.

Council’s Customer Service Officers are the first port of call for enquiries relating to planning applications and can advise you of whether you will need to lodge a planning application if you are in doubt.

Development Application and Copyright Fact Sheet and FAQs

Follow the information available on this page.

All applications for subdivision of land and boundary adjustments must be lodged for assessment by Council.

Requirements

Development approval is required to undertake a subdivision or land to divide it into separate blocks or to alter existing boundaries or amalgamate existing properties.

Subdivision

A subdivision involves the division of land to create additional lots. Under the Tasmanian Planning Scheme, the subdivision standards will be contained under the respective zone provisions. The subdivision standards will include minimum lot size requirements, minimum building area requirements, minimum frontage requirements and lot configuration requirements. These standards will vary depending on the zoning of the land.  In order to determine the zoning of your land, either refer to the Tasmanian Government’s website www.iplan.tas.gov.au or alternatively contact Council’s Customer Service Unit.

Boundary Adjustment

A boundary adjustment is the reorganisation of existing title boundaries such that the total number of titles remains the same as prior to the development occurring. Boundary adjustments are often required to rectify a boundary encroachment issue, to rectify a boundary to correspond with fencing arrangements and to provide neighbours with additional land to enhance the development potential of their land.

Clause 7.3.1 of the Tasmanian Planning Scheme requires a boundary adjustment to comply with the following criteria:

1. no additional lots are created
2. there is only minor change to the relative size, shape and orientation of the existing lots
3. no setback from an existing building will be reduced below the relevant Acceptable Solution setback requirement
4. no frontage is reduced below the relevant Acceptable Solution minimum frontage requirement
5. no lot is reduced below the relevant Acceptable Solution minimum lot size unless already below the minimum lot size, and
6. no lot boundary that aligns with a zone boundary will be changed.

Should the proposed boundary reorganisation not be capable of satisfying the above mentioned criteria then the boundary adjustment will be required to be treated as a subdivision therefore the subdivision standards relevant to the zoning of the land will apply.

Development on land that consists of dispersive soils can result in tunnel erosion and consequential damage to private property, public infrastructure, and environmental harm. Tunnel erosion results in the formation of underground cavities that can collapse causing subsurface erosion. Tunnel erosion is difficult to repair and therefore it is important to avoid initiating tunnel erosion through appropriate design and construction techniques.

This Information sheet is intended to present a brief overview of this issue and is a summary of a comprehensive reference source “Dispersive soils and their management: Technical Reference Manual”.

Dispersive soils are also known as sodic soils and sodosols and are often derived from Triassic sandstone or Permian Mudstone geology. In contact with water, excessive sodium in soils can attach to clay forcing clay particles apart. In the process, dispersed clay particles can clog up the small pores in the soil degrading soil structure and affecting water movement and root growth.

Dispersive soils can be identified by dribble patterns and pitting and early stages of tunnel erosion can be identified by ‘spew holes’ and fans of dispersed material ejected from tunnels. Dispersion is often evident in muddy or milky water in dams. Technical reference manual as noted above at Figures 1-3 show images of these types of erosion.

Testing for Dispersive Soils

A simple test to identify the presence of dispersive soils is detailed in “Dispersive soils and their management: Technical Reference Manual” and consists of collecting and drying the soil and then observing how the soil changes once placed in distilled / rain water.

Activities that Increase Risk of Tunnel Erosion

Tunnel erosion is generally caused by site disturbance allowing rainwater to come into direct contact with dispersive subsoils. The risk of exposing dispersive subsoils to direct contact with rainfall include:

• removal of topsoil
• subsoil excavations (cut and fill) or for trenches for services such as telecommunications
• construction of roads, culverts and driveways
• sewage and grey water disposal systems, and
• changes to surface water flows, concentrating runoff from hardstand areas, construction of culverts or dam construction.

Reducing Risk Associated with Dispersive Soils

The risk of initiating tunnel erosion during construction or development of land containing dispersive soils can be minimised by:

• identifying and avoiding disturbance to areas with dispersive subsoils
• minimising excavation of dispersive soils through appropriate construction techniques such as pier footings rather than cut and fill to achieve concrete slab footings
• minimising or avoiding the use of trenches and where this is not possible ensure that repacked soil is compacted, treated with gypsum, covered with topsoil and re-vegetated
• not allowing water to pond on the soil surface, or exposed subsoils and directing runoff to areas with no dispersive soils
• keeping dispersive soils buried under topsoil
• using above ground on-site wastewater disposal systems rather than septic systems
• maintaining vegetation cover, and
• applying gypsum or hydrated lime at appropriate rates which modifies the chemical composition of the soil and may limit the extent of dispersion.

Rehabilitation of Tunnel Erosion

Land subject to tunnel erosion can be repaired with appropriate techniques detailed in Dispersive soils and their management: Technical Reference Manual.

How do I Know if my Land is Prone to Tunnel Erosion?

The following map shows areas that may be prone to tunnel erosion. It is an indicative map only and cannot be relied upon for detailed site planning. This mapping forms the basis for the application of the Dispersive Soils Overlay shown on the planning scheme maps. It is divided into areas of Minor and Severe risk.

You can identify areas that are susceptible to dispersive soils by contacting Council’s Customer Service Office.

Planning Scheme Requirements

(S5.0) Grove to Cockle Creek Potential Dispersive Soils Specific Area Plan of the Huon Valley Council Local Planning Provisions requires any development proposal located within an area mapped as being prone to dispersive soils to be accompanied with a Soil Management Plan. Such a plan will be required to be prepared by a suitably qualified geologist or soil scientist and have regard to the following:

• The dispersive potential of soils in the vicinity of the proposed buildings, driveways, services and the development area generally
• The potential of the development to affect or be affected by erosion, including gully and tunnel erosion
• The dispersive potential of soils in the vicinity of water drainage lines, infiltration areas / trenches, water storages, ponds, dams and disposal areas
• The level or risk and potential consequences for property and the environment from potential erosion, including gully and tunnel erosion
• Management measures that would reduce risk to an acceptable level.

Further Information

In addition to dispersive soil hazard the land may also be prone to landslip hazard. You may wish to review the C15.0 Landslip Hazard Code under the Tasmanian Planning Scheme.

Landslide hazard is a source of potential harm resulting from the down slope movement of mass rock, debris or earth. Mineral Resources Tasmania has mapped the land susceptible to landslide across the State. The data provides an evidence based assessment for the susceptibility of land to risk of landslide. The coverage however is limited to major urban centres and is not available for land within the rural areas. DPAC in conjunction with MRT has applied the land susceptibility research and realised a policy and control position described in the Landslide Planning Report 2012. The maps and report provide the best available technical reference for regulatory control. The Landslide Planning Report divides landslide risk into four bands or levels of risk and establishes land use planning objectives for each band. The landslide hazard bands are shown on the Landslide Hazard Map available on Council’s GIS mapping data and the Land Information System Tasmania (The List).

The four hazard bands are summarised as follows:

• Acceptable: the risk of landslide is rare therefore there is no requirement for particular hazard management control.
• Low: the risk of landslide is possible to likely therefore warranting a precautionary approach.
• Medium: the risk of landslide is known and new use or development should be avoided.  Specialist site investigation and design will be required and critical activity is prohibited.
• High: the risk of landslide is frequent or severe with all use or development consequently prohibited unless there is a compelling need.

It is important that development on steep and potentially unstable land is regulated to ensure that:

• it is located, designed and constructed to minimise the risk to human life and property
• it is restricted, or where inappropriate, does not occur, in areas of high instability, and
• impacts on the natural environment, infrastructure and scenic amenity are minimised.

Land that is steep or is potentially unstable may be adversely affected by:

• earthworks, including excavation and fill for buildings or driveways
• the construction of dwellings, outbuildings, retaining walls or driveways
• on-site wastewater management systems, or
• changes to natural drainage patterns.
• A building pushed off its foundations after a small, shallow slide caused failure of the adjacent retaining wall
  Source Mineral Resources Tasmania: Landslide Brochure No. 1.

Tiny homes are becoming a popular housing option, but they must comply with planning and building rules. Requirements vary depending on factors like location, design, and use.

For the latest information, refer to the Tiny Homes Fact Sheet provided by the State Planning Office.