Supplementary Agenda of City Planning Committee Meeting

Item No. 7.1.5

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 3

17/10/2016

7.1 Applications under the Hobart Interim Planning Scheme 2015

7.1.5 155 Argyle Street and 148 Campbell Street, Hobart - Multiple Dwelling and Car Storage Facility

PLN-16-00571-01 - FILE REF: F16/119639

Address: 155 Argyle Street and 148 Campbell Street, Hobart

Proposal: Multiple Dwelling and Car Storage Facility

Expiry Date: 1 November 2016

Extension of Time: Not applicable

Author: Ian Stanley

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for multiple dwelling and car storage facility at 155 Argyle Street and 148 Campbell Streets, Hobart for the reasons outlined in the officer’s report 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 PLN160057101 155 Argyle Street and 148 Campbell Street, HOBART Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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 2016/00737HCC dated 30/5/16 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG 12

A construction waste management plan must be implemented throughout construction.

A construction waste management plan must be submitted and approved, prior to commencement of work on the site. The Construction Waste Management Plan must include:

1. Provisions for the handling transport and disposal of demolition material, including any contaminated waste, to satisfy the above requirement.

All work required by this condition must be undertaken in accordance with the approved construction waste management plan

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

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards.

ENG sw2

The cost of any alterations and repairs to the Council’s or thirdparty infrastructure incurred as a result of the proposed development works must be met by the owner.

Advice: Should any thirdparty pipes be found onsite, please notify Council's Senior Plumbing Compliance Officer on 6238 2825.

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 sw4

The development (including hardstand) must be drained to Council infrastructure. The new stormwater connection must be constructed, and all existing connections be abandoned and 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 connections and all existing connections;

b. the size and design of the connection such that they are appropriate to safely service the development;

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

d. all private stormwater contained fully within the boundaries of the Lot serviced.

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

Council notes the existing pit over Council’s stormwater main passing through the site must be retained.

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.

Reason for condition

To ensure the site is drained adequately.

ENG sw7

Stormwater pre treatment for stormwater discharges from the development must be installed prior to issue of a Certificate of Completion.

A stormwater management report and design must be submitted and approved, prior to issue of any consent under the Building Act or commencement of works (whichever occurs first). The stormwater management report and design must:

a. be prepared by a suitably qualified engineer;

b. include detailed design of the proposed treatment train, including final estimations of contaminant removal;

c. Include a Stormwater Management Summary Plan that outlines the obligations for future property owners to stormwater management, including a maintenance plan which outlines the operational and maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.

Advice: Once the stormwater management report and design has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement). Council notes the treatment for vehicular storage and carparking areas should target heavy metals (ie the fine fraction of particles) and hydrocarbons.

Reason for condition

To avoid the possible pollution of drainage systems and natural watercourses, to comply with relevant State legislation, and to ensure the development’s stormwater system takes into account limited receiving capacity of Council’s infrastructure.

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 areas 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 driveway crossover in the Argyle St highway reservation must be designed and constructed in general accordance with the IPWEA/LGAT Municipal Standard Drawings: Commercial Urban TSDR09v1 – Urban Roads Driveways and TSD R16v1 Type KCR & B1 or Type KCRB & B1 prior to the commencement of the use.

Advice: The redundant driveway crossover within the Argyle St highway reservation (on either side of the central access aisle) must be reinstated to footpath, kerb and gutter in accordance with the IPWEA/LGAT Municipal Standard Drawings: TSDR14 v1 and TSDR15v1 type KC and Urban Road Footpaths TSDR11v1 to match existing footpath (concrete or asphalt) prior to the commencement of use.

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 design of these areas must be submitted to the Council, prior to the issuing of any permit under the Building Act 2000.

The design of these areas 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 for the proposed apartments (including the garages, visitor parking spaces and access aisles) 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. Adequate space for onsite turning must be provided so that standard B85 vehicles (as per AS2890) can leave the site in a forward direction.

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

1. show dimensions, levels & gradients, transitions and other details as necessary to satisfy the above requirement;

2. demonstrate that onsite turning is possible for B85 vehicles.

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

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.

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.

ENV 1

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.

SUB sp1

Certificates of Title 217775/1 and 138151/2 are to be adhered in accordance with the provisions of section 110 of the Local Government (Building & Miscellaneous Provisions) Act 1993 to the satisfaction of the Council prior to the issue of any building consent, building permit (including demolition)and / or plumbing permit pursuant to the Building Act 2000 (if applicable), or the commencement of works on site (whichever occurs first).

Reason for condition

To ensure compliance with statutory provisions.

SUB sp5

The proposed pedestrian and vehicle access from Warwick Street to the first floor of the proposed car storage building through the strata titled development at 167 to 191 Argyle Street must be legalised prior to the issue of any Certificate of Completion (Building) for the development under the Building Act 2000.

Reason for condition

To ensure the development has legal access.

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

ROAD OPENING

Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve);

http://www.hobartcity.com.au/Transport/Lighting_Roads_Footpaths_and_Street_Clean ing/Roads_and_Footpaths

TEMPORARY PARKING PERMITS

Temporary parking permits for construction vehicles i.e. residential or meter parking/loading zones.

http://www.hobartcity.com.au/Transport/Permits/Parking_Permits

BUILDING OVER AN EASEMENT

In order to build over the service easement, you will require the consent of Council in accordance with section 161 Building Act 2000 and Regulation 34 Plumbing Regulations 2004.

PLUMBING PERMIT

Plumbing permit under the Tasmanian Plumbing Regulations 2014;

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

STRATA TITLING DEVELOPMENTS

Strata titling of the development to allow for separate strata title lots to be created from the land comprised in Certificates of Title 138151/2 and 217775/1 may not be

possible as the encroachment of the proposed stair structure beyond the northwestern boundary of CT 217775/1 will prevent a registered surveyor signing the strata plan in accordance with section 5 (4) of the Strata Titles Act 1998 unless this encroachment is properly authorised according to law. This may require a boundary adjustment

between the land comprised in CT 217775/1 and the land within the strata titled development at 167 to 191 Argyle Street.

The legal access arrangements for any future strata title lots within the development will need to be given careful consideration.

Encroachment of Proposed Stair Structure

The applicant’s private building surveyor should consider if the encroachment of the proposed stair structure beyond the northwestern boundary of CT 217775/1 will require an adhesion of titles comprising the development site in accordance with the provisions of Section 110 of the Local Government (Building and Miscellaneous Provisions) Act 1993 in order to comply with requirements of the Building Code of

Australia and the Building Act 2000. Council’s fee for a Section 110 Adhesion Order is

$220.

STORM WATER

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

STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN

The design of structures (including footings) must provide protection for the Council’s infrastructure.

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s Highways By law.

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

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s Highways By law

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

Cross over construction

The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design.

http://www.hobartcity.com.au/Transport/Lighting_Roads_Footpaths_and_Street_Clean ing/Roads_and_Footpaths

STORMWATER / 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

TITLE ADHESION

An adhesion of your titles is required because a portion of your development is across one or more title boundaries. Contact your solicitor or a registered land survey to initiate the process.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety (OH&S) measures must be employed during the works to minimise direct human exposure to potentiallycontaminated soil, water, dust and vapours.

http://www.worksafe.tas.gov.au/safety
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 62382715 for assistance.

Attachment a: PLN-16-00571-01 - 155 Argyle Street and 148 Campbell Street HOBART - Planning Committee or Delegated Report ⇩

Attachment b: PLN-16-00571-01 - 155 Argyle Street and 148 Campbell Street HOBART - CPC Agenda Documents ⇩

Item No. 7.1.7

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 284

17/10/2016

Memorandum: City Planning Committee

11 Bay Road, New Town - Partial Demolition, House Extension and Alterations - Extension of Time

Introduction

This memorandum relates to a request to extend the time period for planning application PLN-14-01023-01 for Partial Demolition, House Extension and Alterations at 11 Bay Road, New Town.

Background

On 3 October 2014 planning approval was granted under delegated authority for Partial

Demolition, House Extension and Alterations at 11 Bay Road, New Town.

The development was assessed under the City of Hobart Planning Scheme 1982 and Planning Directive 4. There was one discretion against the building envelope standard as the extension was outside the building envelope in relation to height and wall length within 1.5m of a side boundary. One objection was received.

No appeal against the approval of the development was made and as such, the date the planning permit commenced was the date of approval, 3 October 2014.

The applicant has two years from the date of the permit to substantially commence the development, which is 3 October 2016. There has been no work undertaken to date.

The applicant has requested a two year extension of time (until 3 October 2018) within which to substantially commence the work. The request is made under Section 53(5)(b) of the Land Use Planning and Approvals Act 1993.

Evaluation

Extension of time delegation

Normally, requests for extensions of time to a permit are dealt with at officer level under delegation. However, that delegation can only be exercised at officer level when the ‘strategic intent of the relevant planning scheme has not significantly changed’.

The applicant lodged the development application on 2 September 2014 at which time the City of Hobart Planning Scheme 1982 and Planning Directive 4 were in force. However on 20 May 2015 that changed, with the Hobart Interim Planning Scheme 2015 coming into force. If the provisions of the Hobart Interim Planning Scheme 2015 represent a significant change in the strategic intent to the provisions of the City of Hobart Planning Scheme 1982 insofar as they are applicable to the development, delegation to grant the extension of time to the permit rests with the City Planning Committee.

The strategic intent of the Planning Scheme

When the proposal was assessed under the City of Hobart Planning Scheme 1982 and Planning Directive 4, the property was located within the residential 1 zone, and building envelope was the only discretion.

The property is now located within the inner residential zone under the Hobart Interim Planning Scheme 2015. The development standards for an extension to a single dwelling in the inner residential zone are substantially the same as the Planning Directive 4 provisions. There would be an additional private open space discretion under the Hobart Interim Planning Scheme 2015 as this was not originally a consideration. It is considered that whist the private open space would be to the southeast of the dwelling, it would be of appropriate size and dimensions to meet the requirements of the occupants. Despite this discretion, it is considered that the strategic intent of the scheme in terms of the zone provisions has not changed, and it is considered that the application would comply with the relevant acceptable solutions or performance criteria under the inner residential zone standards in the Hobart Interim Planning Scheme 2015.

There is however a significant change to the heritage status of the dwelling between the two schemes: under the City of Hobart Planning Scheme 1982, the site had no heritage status; under the Hobart Interim Planning Scheme 2015, the site is within Heritage Precinct NT5.

The heritage status is considered to be a significant change to the strategic intent of the scheme, and so delegation to approve the extension of time to the permit request rests with the City Planning Committee.

Heritage assessment

The Council’s Senior Cultural Heritage Officer has reconsidered the proposal against the provisions of the Hobart Interim Planning Scheme 2015. The officer is of the view that the proposal is compliant with the relevant heritage provisions of the planning scheme, and that if it was lodged as a development application under this planning scheme it would be recommended for approval on heritage grounds. The officer has indicated that on that basis, there is no heritage objection to extending the time of the permit.

Conclusion

The strategic intent of the Hobart Interim Planning Scheme 2015 has significantly changed in respect of 11 Bay Road, New Town, as the site is now within a heritage precinct.

The Council’s Senior Cultural Heritage Officer has advised that the development meets the heritage provisions of the Hobart Interim Planning Scheme 2015 and would be recommended for approval if lodged as a development application under this scheme.

If the City Planning Committee grants the extension of time request, the applicant will have until 3 October 2018 to substantially commence the work.

If the Council refuses to grant the extension of time request, the applicant may lodge a new development application which will be assessed under the Hobart Interim Planning Scheme 2015.

There is no provision under the Land Use Planning and Approvals Act 1993 to appeal an extension of time refusal.

Recommendation

That the Council approve the extension of time request lodged under Section 53(5)(b) of the Land Use Planning and Approvals Act 1993 in respect of PLN14-01023-01.