Minutes (Open Portion)

Council Meeting

Page 2

7/11/2016

Minutes (Open Portion)

Council Meeting

Page 4

7/11/2016

That the Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 24 October 2016, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

DEPUTY LORD MAYOR

Ruzicka                                                                     That the minutes be signed.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

Ruzicka

DEPUTY LORD MAYOR CHRISTIE                                                                        

That supplementary item 7 from the closed portion of the meeting, be transferred to the open portion and taken as item 19.

MOTION CARRIED

VOTING RECORD

The Lord Mayor conveyed the Council’s deepest symphony at the unexpected passing of Peter MacDonald on 26 October.

Peter was an employee of the City of Hobart for almost twenty years, most recently as the Fabrication Workshop Supervisor.  Peter was a highly regarded colleague and friend to many and will be very dearly missed.

The Lord Mayor offered the Council’s sincerest condolences to Peter’s family, his wife Kaye and sons Tom and Max.

Ruzicka

Burnet                                                                                                                       

That the passing of Peter MacDonald be noted by the Council and a condolence letter be sent to his family.

MOTION CARRIED

VOTING RECORD

RECOMMENDATION

That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.

Ruzicka

Thomas                                                    That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.1      268 Lenah Valley Road, 269 Lenah Valley Road, Lenah Valley - Partial Demolition, New Buildings (Public Toilets and Bus Shelter) and Landscaping

Ref:    Open CPC 7.1.1, 31/10/2016

Application Expiry Date: 14 November 2016

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, new buildings (public toilets and bus shelter) and landscaping at 268 and 269 Lenah Valley Road, Lenah Valley for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 31 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 PLN­16­944 ­ 268 Lenah Valley Road, 269 Lenah Valley Road ­ Final Planning Documents except where modified below.

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. 5117 dated 10 October 2016 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw4

The new stormwater connection must be constructed and existing abandoned 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:

1.     the location of the proposed connection; and

2.     the size of the connection appropriate to satisfy the needs of the development.

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

Advice: Once the engineered 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 Unit to initiate an application for service connection.

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.

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 s3

The bus shelter is to be designed and constructed to resist all likely forces and erosion associated with a flood event.

Detailed design drawings of the bus shelter must be submitted and approved prior to the issue of consent under Building Act for the relevant stage. The design drawings must include certification from an accredited and qualified structural engineer that all proposed structures within the flood zone are designed to resist erosion, undermining and likely forces from a flood event.

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

Upon completion, certification from a suitably qualified and accredited engineer that the installation has been constructed in accordance with the approved certified design must be provided to Hobart City Council.

Reason for condition

To ensure that the risks associated with inundation are adequately managed.

ENV 2

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 soil and water management plan (SWMP) must be submitted and approved, prior to the commencement of work. The SWMP must:

a.      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_and_Guideline.
All work required by this condition must be undertaken in accordance with the approved soil and water management plan (SWMP).

Advice: Once the soil and water management plan (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.

HERs1

The Applicant must ensure a photographic record of the existing toilet is provided to the Council before any works are undertaken.

Reason for condition

To ensure an accurate historical record is maintained regarding the site.

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

OCCUPATION OF THE PUBLIC HIGHWAY

Permit for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc)

http://www.hobartcity.com.au/Transport/Permits/Construction_Activities_Special_Even ts_in_the_Road_Reservation

Road closure permits for construction or special event.

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

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

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

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.

Briscoe

Harvey                                                    That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      337 Churchill Avenue, Sandy Bay - Demolition and Ten Multiple Dwellings

Ref:    Open CPC 7.1.2, 31/10/2016

Application Expiry Date: 9 November 2016

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a demolition and 10 multiple dwellings (readvertised ­ amended design) at 337 Churchill Avenue, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 31 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 PLN­16­00019­01 ­ 337 Churchill Ave SANDY BAY ­ Final Planning Documents (amended) 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 2016/00043­ HCC dated 3/10/16 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENGsw2

The Council’s stormwater infrastructure adjacent to and within the subject site must be protected from damage during the construction of the development.

Digital copies of a pre construction work CCTV video and associated report(s) of any Council stormwater main within two metres of the works (which will not be replaced as part of the works) must be submitted to Council prior to issue of any consent under the Building Act 2000.

Digital copies of a post construction work CCTV video and associated report(s) of any Council stormwater main within two metres of the works must be submitted to Council after completion of all work but prior to the issue of any Certificate of Completion. However should the main still be within the 12 month maintenance period, this post work CCTV may instead be submitted at the end of the maintenance period (i.e. a single CCTV to satisfy both maintenance period and post works).

The pre and post construction work CCTVs will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction.

In the event that the owner fails to provide to the Council a pre construction works 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.

Reason for condition

To ensure the protection of Council’s hydraulic infrastructure.

ENGsw3

The proposed works (including footings and overhangs) must be designed to ensure the long term protection of and access to any of Council’s new, existing or diverted stormwater infrastructure.

A detailed design for all works within two metres of public stormwater infrastructure certified by a suitably qualified engineer must be submitted and approved prior to issue of any consent under the Building Act 2000. The detailed design must:

•     Demonstrate how the design will ensure the protection of and provide access to Council’s stormwater mains;

•     Demonstrate that the works do not impose any loads on the stormwater mains and the structures are entirely independent of the mains and their trenching, including certification by a suitably qualified engineer; and

•     Include (but not be limited to) cross­sections, minimum separation, adequate cover.

The entire section of stormwater main where access will be compromised by the development must be renewed at the Developer’s cost.

Prior to construction of any footings within two metres of public stormwater infrastructure, the stormwater pipe must be accurately located by the developer, and the clearance must be inspected and confirmed by the Council's Project and Development Inspector to ensure the minimum separation is achieved.

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.

Prior to issue of any certificate of completion for the relevant stage a suitably qualified engineer must confirm the installation of the works within two metres of Council’s stormwater main is in accordance with the approved drawings and complies with this condition. Should any remediation works be required, these must be carried out at the developer’s cost.

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

Advice: Once the detailed design drawings have 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.

Council may wish to coordinate replacement of other sections of stormwater main in conjunction with the proposed works.

Reason for condition

To ensure the protection of Council’s hydraulic infrastructure.

ENGsw4

The site must be drained to Council infrastructure. The new stormwater connection(s) must be constructed, and existing redundant connections must be removed at the owner’s expense, prior to issue of a certificate of completion.

Detailed design drawings showing the proposed connections must be submitted and approved, prior to issue of any consent under the Building Act 2000. The detailed design drawings must:

•     Show the location of the proposed connections and any existing connections;

•     Demonstrate the size and design of the connection(s) such that they are appropriate to safely service the development and ensure protection of the receiving waterway, including:

·    Erosion and scour protection, including maintenance of 3 month flows for the fully developed site;

·    Minimal hydraulic intrusion into the Rivulet;

•     Include long­sections and cross­sections of the proposed connection(s) clearly showing any nearby services, cover, size, material, delineation of public and private infrastructure; and

•     Be checked and certified by a qualified and experienced engineer.

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

Advice: Once the detailed design drawings have 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.

Reason for condition

To ensure the site is drained adequately.

ENGsw5

All new, renewed or upgraded public stormwater infrastructure must be constructed prior to issue of a completion certificate.

Engineering design drawings must be submitted and approved, prior to issue of any consent under the Building Act 2000. The engineering drawings must:

•      be certified by a qualified and experienced engineer;

•      show in both plan and long­section any proposed stormwater mains, including but not limited to: lot connections (proposed or existing for benefitting properties); clearances (e.g to buildings, structures, private pipework, other services, etc), cover, extent of fill, gradients, sizing, material, pipe class, adequate working platforms around manholes, connections to existing Council infrastructure, easements, inspection openings, property boundaries, and erosion control;

•      include a construction management plan which details how services to third­party land will be maintained during the pipe replacement process;

•  clearly distinguish between public and private infrastructure; and

•  be substantially in accordance with the LGAT drawings.

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

Advice: Once the engineering drawings have 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 Road and Environmental Engineering Unit to obtain a Permit to Construct Public Infrastructure. All new public infrastructure will be subject to a 12 month maintenance period before being taken over by Council (subject to satisfactory final inspection including CCTV) and will require payment of a maintenance bond. Note that the engineering drawings for public infrastructure are separate from and do not form part of any plumbing permit documentation.

Reason for condition

To ensure Council’s hydraulic infrastructure meets acceptable standards.

ENGsw7

Stormwater pre­treatment and detention 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 2000. 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 detailed design and supporting calculations of detention, sized such that there is no increase in flows from the developed site up to the 5% AEP storm event; and

d)      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; and 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).

Reason for condition

To protect natural watercourses, to comply with relevant State Legislation.

ENG 2

Vehicle crash barriers compliant with the Australian/New Zealand Standard AS / NZS 1170.1 must be installed prior to the first occupation if deemed necessary after review by a suitably qualified engineer.

If barriers are required, 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.

Alternatively, if barriers are not required, this must be confirmed to Council in writing by a suitably qualified Engineer 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 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 1

The cost of repair of any damage or alterations 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.

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.

ENGR 3

The proposed driveway crossover on the Churchill Ave highway reservation must be designed and constructed in accordance with:

•     Urban ­ TSD­R09­v1 – Urban Roads Driveways and TSD R14­v1 Type KC vehicular crossing

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

Reason for condition

To ensure that works will comply with the Council’s standard requirements.

ENG s1

The proposed driveway, turning area, retaining walls, and Unit pole footings must be designed and constructed to resist all likely forces and erosion associated with proximity to Lipscombe Rivulet, including flood.

Detailed design drawings of all works within the riparian zone must be submitted and approved prior to the issue of consent under the Building Act. The design drawings must include:

•     Certification from an accredited and qualified structural engineer that all proposed structures are designed to resist creek meander, erosion, undermining, and likely forces from a flood event; and

•     Cross­sections showing the works and property boundaries.

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

Reason for condition

To ensure that the risks associated with proximity to a watercourse are adequately managed.

ENG s2

All structures within the flood zone including buildings and flood mitigation

measures must be inspected by a suitably qualified and accredited engineer.

Certification from a suitably qualified and accredited engineer that the installation has been constructed in accordance with the approved certified design must be provided to Hobart City Council prior issue of a completion certificate.

Reason for condition

To ensure that the risks associated with proximity to a watercourse are adequately managed.

ENG s3

The capacity of Lipscombe Rivulet and the flood impact on neighbouring properties must not be detrimentally affected by the works.

The willow tree in the creek must be removed (Scenario 3 of inundation modelling) as shown on concept drawing from JSA Engineers C14 Rev G prior to issue of a Certificate of Completion.

Reason for condition

To ensure that the risk of flooding to adjacent properties is not increased.

ENV 8

All recommended risk mitigation measures in the "Conclusions" section of the landslide risk management report by Geo­Environmental Solutions dated June 2016 must be implemented and must be maintained for the life of the use/development.

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by landslides.

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 soil and water management plan (SWMP) must be submitted and approved, prior to the commencement of work. The SWMP must:

a.      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_and_Guideline All work required by this condition must be undertaken in accordance with the approved soil and water management plan (SWMP).

Advice: Once the soil and water management plan (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.

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_endorsement

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

ACCESS

Designed in accordance with LGAT­ IPWEA – Tasmanian standard drawings http://www.hobartcity.com.au/Development/Engineering_Standards_and_Guidelines
CROSSOVER 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_Cleaning/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
COUNCIL RESERVES

All work carried out in close proximity to the Council reserves must be in accordance with the Council’s Parks, recreation and natural areas by ­laws http://www.hobartcity.com.au/Council/Legislation

You are subject to the Council’s Parks, recreation and natural areas by –laws in respect to any work carried out in close proximity to the Council reserve.