Agenda (Open Portion)

Council Meeting

Page 3

10/10/2016

Agenda (Open Portion)

Council Meeting

Page 5

10/10/2016

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 19 September 2016 and the minutes of the Open Portion of the Special Council meeting held on Monday, 26 September 2016, finds them to be true records and recommends that they be taken as read and signed as correct records.

Agenda (Open Portion)

Council Meeting

Page 7

10/10/2016

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for partial change of use to market at 70 Macquarie Street, Hobart for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 3 October 2016, and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­16­744 ­ 6­8 MARKET PLACE HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit www.hobartcity.com.au for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council:

LICENCE AGREEMENT

A licence agreement with the Hobart City Council to occupy Council land for the purposes of a night market.

PUBLIC HEALTH AND FOOD BUSINESS REGISTRATION

Place of assembly licence in accordance with the Public Health Act 1997.

http://www.hobartcity.com.au/Environment/Public_and_Environmental_Health/Place_of_Assembly

COUNCIL RESERVES

You are subject to the Council’s Parks, recreation and natural areas by–laws. http://www.hobartcity.com.au/Council/Legislation

If you do not have access to the Council’s electronic web page, please phone the

Council (City Planning) on 6238 2715 for assistance.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a partial demolition, alterations and extensions, two additional multiple dwellings and fencing at 58­60 Adelaide Street, South Hobart for the reasons outlined in the officer’s report attached to item 7.2.1 of the Open City Planning Committee agenda of 3 October 2016,  and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­16­00532­01 ­ 58­60 Adelaide Street ­ SOUTH HOBART ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2016/00695­HCC dated 31/05/2016 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, Works Application No. 5049 dated 14 September 2016, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG 4

The driveway and car parking area approved by this permit must be constructed to a sealed standard and surface drained prior to the first occupation.

Reason for condition

To ensure safe access is provided for the use.

ENG 3

The driveway, car parking and manoeuvring areas must be constructed in accordance with certified driveway design drawings, prior to the first occupation.

Upon completion of the driveway, car parking and manoeuvring areas, documents signed by a suitably qualified engineer, certifying the driveway has been constructed in accordance with the certified design drawings must be lodged with the Council.

Reason for condition

To ensure that the safety of users of the driveway/parking.

ENG 1

The cost of repair of any damage to the Council infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.

A photographic record of the Council infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENG 10

The front fencing and vehicle access gate at 58­60 Adelaide Street must allow adequate sight distance between user vehicles, cyclists and pedestrians.

The vehicle entrance must have a clear opening width of at least 3.0m.

Amended drawings must be submitted and approved, prior to the

commencement of work, demonstrating compliance with the requirements of

this condition.

All work required by this condition must be undertaken in accordance with the approved drawings.

Advice: Once the amended drawing has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

To ensure the safety of vehicles entering and leaving the development and of pedestrians and traffic in the vicinity.

ENV2

Sediment and erosion control measures, in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted and approved, prior to the commencement of work. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program,

2008): http://www.hobartcity.com.au/Development/Engineering_Standards_an d_Guideline.

All work required by this condition must be undertaken in accordance with the approved SWMP.

Advice: Once the SWMP has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

To avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

HER 17

The palette of exterior colours and materials must reflect the palette of materials within the local streetscape and precinct.

Plans must be submitted and approved prior to the commencement of work. The plans must show all colours and finishes of the exterior to satisfy the above requirement.

All work required by this condition must be undertaken in accordance with the approved plans.

Advice: Once the plans has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

To ensure that development at a heritage place and precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 18

The tree on the adjacent heritage listed property at 62 Adelaide Street must be protected throughout excavation and construction works.

A report must be submitted for approval prior to the commencement of work. The report must;

·    Be prepared by a suitably qualified person;

·    Show all tree protection zones and relevant measures specified under Section 3

·    Determining the Protection Zones of the Selected Trees, Section 4 Tree Protection Measures and Section 5 Monitoring and Certification of AS4970­2009 Protection of Trees on Development Sites.

All work required by this condition must be undertaken in accordance with the report.

Advice: Once the report has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

To ensure that the adjacent significant tree is not unnecessarily impacted on and its health and appearance is maintained.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit www.hobartcity.com.au for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

CONDITION ENDORSEMENT

As a condition endorsement is required by a planning condition above, please forward documentation required to satisfy the condition to rfi­information@hobartcity.com.au, clearly identifying the planning permit number, address and the condition to which the documentation relates.

Once approved, the Council will respond to you via email that the condition(s) has been endorsed (satisfied). Detailed instructions can be found at: www.hobartcity.com.au/Development/Planning/How_to_obtain_a_condition_endors ement

BUILDING PERMIT

Building permit in accordance with the Building Act 2000; http://www.hobartcity.com.au/Development/Building
PLUMBING PERMIT

Plumbing permit under the Tasmanian Plumbing Regulations 2014;

http://www.hobartcity.com.au/Development/Plumbing

STORMWATER

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services By law;

http://www.hobartcity.com.au/Council/Legislation

STORM WATER / ROADS / ACCESS

Services to be designed and constructed in accordance with the (IPWEA) LGAT­ –

standard drawings; http://www.hobartcity.com.au/Development/Engineering_Standards_and_Guidelines
NOISE REGULATIONS

The following link provides information with respect to noise nuisances in residential areas;

http://www.hobartcity.com.au/Environment/Environmental_Health/Environmental_Mana gement_and_Pollution_Control

WASTE DISPOSAL ­ TOP TEN TIPS

http://www.hobartcity.com.au/Environment/Recycling_and_Waste 
FEES AND CHARGES http://www.hobartcity.com.au/Council/Fees_and_Charges

DIAL BEFORE YOU DIG

www.dialbeforeyoudig.com.au

If you do not have access to the Council’s electronic web page, please phone the Council (City Planning) on 6238 2715 for assistance.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a boundary adjustment at 1 McDevitt Avenue, Dynnyrne and Council's Road Reservation (CT 101/166929) for the reasons outlined in the officer’s report attached to item 7.2.2 of the Open City Planning Committee agenda of 3 October 2016, and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­16­692 ­ 1 MCDEVITT AVENUE DYNNYRNE TAS 7005 ­ CPC Agenda Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

SURV 1

The applicant is to submit to the Council a copy of the Surveyor’s survey notes at the time of lodging the final plan.

Reason for condition

To enable the Council to accurately update cadastral layers on the corporate

Geographic Information System.

SURV 2

The final plan and schedule of easements must be submitted for approval by the Council in accordance with section 89 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

Reason for condition

To ensure that the subdivision/boundary adjustment is carried out in accordance with the Councils requirements under the provisions of Part 3 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

SURV 9

Lot 1 is to be added to CT 166929/17.

The final plan must include notations in accordance with section 111 of the Local Government (Building and Miscellaneous Provisions) Act 1993, to the effect that Lot 1 is to be added to CT166929/17, to satisfy the above requirement.

Reason for condition

To ensure compliance with statutory provisions.

SUB sp1

Lot 1 is to be closed as a public highway under the provisions of the Local

Government (Highways) Act 1982 prior to the sealing of the Final Plan.

Reason for condition

To extinguish all public rights of access and enable the lot to be transferred to private ownership.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit www.hobartcity.com.au for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

SUBDIVISION

http://www.hobartcity.com.au/Development/Engineering_Standards_and_Guidelines

All conditions imposed by this permit are in accordance with the Local Government Building & Miscellaneous Provisions) Act 1993 and the Conveyancing and Law of Property Act 1884 http://www.thelaw.tas.gov.au.

FEES AND CHARGES

http://www.hobartcity.com.au/Council/Fees_and_Charges

DIAL BEFORE YOU DIG

www.dialbeforeyoudig.com.au

If you do not have access to the Council’s electronic web page, please phone the

Council (City Planning) on 62382 715 for assistance.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for alterations at 82­84 Liverpool Street, Hobart for the following reasons:

1.      The proposal will have an unacceptable impact on the significant visual characteristics of this Heritage Listed Place contrary to the policies contained within the Hobart Interim Planning Scheme 2015, in particular clauses E.13.7.2 P1 and P2.

2.      The proposal is contrary to clause 22.4.3 P1 of the Hobart Interim Planning Scheme 2015 in that it does not ensure that the visual impact of the mechanical plant is insignificant when viewed from the street.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, extension and alterations at 10 Birngana Avenue, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.2.4 of the Open City Planning Committee agenda of 3 October 2016, and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­16­00045­01 ­ 10 Birngana Avenue ­ SANDY BAY ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 1

Screening to a height of 1.7m above the first floor deck floor level, with no more than 25% transparency must be installed and maintained along the South­Eastern edge of the extended first floor deck prior to its first use.

Reason for condition

To provide reasonable opportunity for privacy for dwellings.

ENGsw2

Digital copies of pre and post work CCTV videos and associated reports of the Council stormwater main within the site must be undertaken and submitted to Council prior to the commencement of work and on completion of all work.

The post construction CCTV will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council pre construction CCTV video of the Council’s infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

Advice: Due to the diameter of the main, a tractor camera will be required to obtain adequately clear footage.

Reason for condition

To ensure that any of the Council infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENGsw3

The proposed works must be designed and installed to ensure the protection and access to the Council’s storm water main.

A detailed design must be submitted and approved prior to construction. The detailed design must:

a)         Demonstrate how the design will ensure the protection of and provide access to the Council’s stormwater main.

The Council stormwater main must be carefully and accurately located onsite. Prior to construction of any footings within two metres of the main, the stormwater pipe and clearances must be inspected and confirmed by the Council's Project and Development Inspector to ensure the minimum separation is achieved.

All work required by this condition must be undertaken in accordance with the approved design.

Advice: Once the detailed design drawings has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

The Council's Project and Development Inspector, must be contacted on phone (03) 6238 2967 at least 24 hours prior to the commencement of any works.

Reason for condition

To ensure the protection of the Council’s hydraulic infrastructure.

ENGsw4

The development must be drained to Council's stormwater infrastructure. Any new storm water connection required must be constructed, and existing redundant connections sealed, by Council at the owner’s expense prior to the first occupation.

Detailed engineering drawings must be submitted and approved, prior to commencement of work. The detailed engineering drawings must include:

a)         the location of the proposed connection and all existing connections; and

b)         the size of the connection appropriate to satisfy the needs of the development; and

c)         long­sections of the proposed connection clearly showing any nearby services, cover, size, material and delineation of public and private infrastructure.

All work required by this condition must be undertaken in accordance with the approved drawings.

Advice: Once the engineering drawing has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Division to initiate an application for service connection. The Plumbing Regulations require a single connection per Lot.

Reason for condition

To ensure the site is drained adequately.

ENG 1

The cost of repair of any damage to the Council infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council. Any damage must be reported immediately to Council.

A photographic record of the Council infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails

to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council infrastructure found on completion of works will be deemed to be the responsibility of the owner.

ADVICE: Note that both the Birngana Avenue and Niree Lane frontages should be photographed.

Reason for condition

To ensure that any of the Council infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENG s1

The cost of any alterations to the Council’s or third­party infrastructure, including the site’s service connection points, incurred as a result of the proposed development works must be met by the owner.

Reason for condition

To ensure that any of the Council infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site. Sediment controls must be maintained until all areas of disturbance have been stabilized or re vegetated.

Advice: For further guidance in preparing a Soil and Water Management Plan (SWMP) – in accordance with Fact sheet 3 Derwent Estuary Program go to www.hobartcity.com.au development engineering standards and guidelines.

Reason for condition

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit www.hobartcity.com.au for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

CONDITION ENDORSEMENT

If a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition, via the Condition Endorsement Submission on Council's online e­service portal.

Once approved, the Council will respond to you via email that the condition(s) has been endorsed (satisfied). Detailed instructions can be found at: http://www.hobartcity.com.au/Development/Planning/How_to_obtain_a_condition_e ndorsement

BUILDING PERMIT

Building permit in accordance with the Building Act 2000; http://www.hobartcity.com.au/Development/Building PLUMBING PERMIT

Plumbing permit under the Tasmanian Plumbing Regulations 2014;

http://www.hobartcity.com.au/Development/Plumbing

NIREE LANE

Niree Lane must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times during the construction period.

WASTE DISPOSAL ­ TOP TEN TIPS

http://www.hobartcity.com.au/Environment/Recycling_and_Waste
FEES AND CHARGES http://www.hobartcity.com.au/Council/Fees_and_Charges

DIAL BEFORE YOU DIG

www.dialbeforeyoudig.com.au

If you do not have access to the Council’s electronic web page, please phone the

Council (City Planning) on 6238 2715 for assistance.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for three multiple dwellings and fencing at 47 Fisher Avenue, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.2.5 of the Open City Planning Committee agenda of 3 October 2016, and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­16­00658­01 ­ 47 Fisher Avenue ­ Sandy Bay ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No.TWDA 2016/00846­HCC dated 20 June 2016 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN3

A separate waste storage area that:

(i)          Is for the exclusive use of each dwelling; and

(ii)         Is not located in the area in front of each dwelling

must be provided for each of the three dwellings in accordance with Part D 10.4.8 A1(a) of the Hobart Interim Planning Scheme 2015.

Reason for Condition

To ensure that rubbish and recycling bins do not impact upon the amenity of the locality and to ensure compliance with the waste storage for multiple dwelling provisions of the Hobart interim Planning Scheme 2015.

ENG 2

Vehicle crash barriers compliant with the Australian/New Zealand

Standard AS / NZS 1170.1 must be installed prior to the first occupation.

A certified design/ report prepared by a suitably qualified Engineer, to satisfy the above requirements, must be provided to the Council prior to the issuing of any permit under the Building Act 2000.

All works, required by this condition must be undertaken in accordance with certified design/report. Upon completion the barriers must be inspected by a qualified engineer and a certification submitted to the Council, confirming that the installed barriers comply with the above requirement.

Reason for condition

To ensure that the safety of users of the driveway/parking and compliance with the standard.

ENG 4

The driveway and car parking area approved by this permit must be constructed to a sealed standard and surface drained prior to the first occupation.

Reason for condition

To ensure safe access is provided for the use.

ENG 11

The proposed crossover on the Fisher Avenue highway reservation must be designed and constructed in general accordance with Urban ­ TSD­R09­v1 – Urban Roads Driveways and TSD R14­v1 Type KC vehicular crossing prior to the commencement of the use (see advice).

Reason for condition

In the interests of vehicle user safety and the amenity of the development.

ENG 3

The driveway, car parking and manoeuvring areas must be constructed in accordance with certified driveway design drawings, prior to the first occupation.

The driveway, car parking and manoeuvring areas design must be submitted to the Council, prior to the issuing of any permit under the Building Act 2000.

The driveway, car parking and manoeuvring areas design must be prepared and certified by a suitably qualified engineer that the design is in accordance with the Australian standards AS/NZS 2890.1 or that the design provides for a safe and efficient access.

Upon completion of the driveway car parking and manoeuvring areas, documents signed by a suitably qualified engineer, certifying the driveway has been constructed in accordance with the certified design drawings must be lodged with the Council.

Reason for condition

To ensure that the safety of users of the driveway/parking.

ENG 14

Parking, access and turning areas must be generally designed and constructed in accordance with the Australian Standard Parking facilities, Part 1: Off­Street Carparking, AS 2890.1 – 2004, prior to the first occupation.

Design drawings must be submitted and approved, prior to commencement of work. The amended design drawing must:

(i)      Show dimensions, levels and gradients, transitions and other details as necessary to satisfy the above requirement;

(ii)     Show a long section up the centreline of the proposed driveway, from Fisher Ave up to the garage of unit 2;

(iii)    Show dimensions of carpark space 7 and width of garage doors;

(iv)    Demonstrate that onsite turning for B85 vehicles is possible for each of the 3 units so vehicles can leave the site in a forward directions;

(v)     Show that vehicles can enter and exit the garages with another vehicle in the garage; and

(vi)    Show location of any vehicle safety barriers that may be required.

All work required by this condition must be undertaken in accordance with the approved design drawings.

Advice: Once the design drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

To ensure that the access and parking layout for the development is to accepted standards.

ENG 1

The cost of repair of any damage to the Council infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.