Sorell Council’s $900k subdivision condition overturned
A Southern Tasmanian council tried to make it a condition for a developer to pay $900k to approve a major subdivision project. Here’s why that was considered unreasonable.
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A developer was told they would need to fork out $900,000 to push ahead with a subdivision in Sorell so the council could fund a bridge, but a tribunal has now overturned the “unreasonable” condition.
The 199-lot subdivision was approved in December last year, subject to conditions, including that the developer pay an “infrastructure contribution” of $4,522.61 per lot.
The cost would come to $899,999.39, before CPI indexation.
The council argued the contribution was required for a 2.5-metre wide two-way shared path for walking, cycling and scooters over the Sorell Rivulet.
The developer appealed the condition with the Tasmanian Civil and Administrative Tribunal (TASCAT), arguing it was not valid because it was not for a “proper” planning purpose and that it was “so unreasonable that no reasonable planning authority could have imposed it”.
The exact location of the proposed bridge was not specified, but the tribunal surmised it would go across the Sorell Rivulet, north of Pioneers Park, in line with Fitzroy Street.
TASCAT deputy president Richard Grueber said there were already four pedestrian bridges in the vicinity of the proposed subdivision, three of which were close to the site.
Transport engineering expert Mark Petrusma told the tribunal the proposed lots would be located within a 400-metre radius of an existing bridge, roughly amounting to a five-minute walk.
He said the proposed new bridge would have little benefit for users of the subdivision, and that the development did not generate a need for it.
Meanwhile there was dispute about exactly how much the bridge would cost to build.
An estimate provided to the tribunal, by civil design draftsman Bill Stanford, placed costs at $245,441.90, which included geotechnical investigations, a ten per cent contingency, and construction costs.
This conflicted with estimates provided by transport planning expert Jonathan Busch, who costed it at $1,886,627, but Mr Grueber said that figure was not reflective of the council’s proposal, assuming a bridge width of 4.3m rather than the 2.5m and contingency costs of 20 per cent.
“[Mr Busch] provided a further estimate of $1,002,429 based on two Tasmanian projects that was speculative and used a methodology so lacking in rigour as to carry little weight as evidence,” Mr Grueber said.
“The only evidence of estimated cost with any foundation of substance is that provided by Mr Stanford.
“The total contribution required by the condition is an apparently arbitrary amount. No reasonable foundation for that sum was provided in the planner’s report to the council.”
The tribunal also questioned whether Mr Busch was an impartial witness.
Mr Grueber concluded the proposed subdivision would not create a need for the bridge, but that it would benefit from it.
The council’s lack of a timeline for the proposed bridge was also criticised.
“There is no certainty, or even an expression of reasonable assurance, that the bridge will be built,” Mr Grueber said.
He agreed the condition was so unreasonable that no reasonable planning authority could have imposed it and ruled the condition should be removed from the permit.
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Originally published as Sorell Council’s $900k subdivision condition overturned
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