Agenda (Open Portion)

Council Meeting

Page 3

5/12/2016

Agenda (Open Portion)

Council Meeting

Page 5

5/12/2016

ALDERMEN:

Lord Mayor  Hickey

Deputy Lord Mayor  Christie

Alderman  Zucco

Alderman  Briscoe

Alderman  Ruzicka

Alderman  Sexton

Alderman  Burnet

Alderman  Cocker

Alderman  Thomas

Alderman  Reynolds

Alderman  Denison

Alderman  Harvey

APOLOGIES:

LEAVE OF ABSENCE:

Alderman Cocker

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 21 November 2016 and the Annual General Meeting held on Monday 21 November 2016, finds them to be true records and recommends that they be taken as read and signed as correct records.

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.

Agenda (Open Portion)

Council Meeting

Page 7

5/12/2016

That the matter be referred to the Council for determination, without a recommendation from the committee.

Attachment A – Attachment to item 9.1

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations and partial change of use to general retail and hire at 40 Elizabeth Street, Hobart for the reasons outlined in the officer’s report attached to item 7.2.2 of the Open City Planning Committee agenda of 28 November 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 PLN­16­1039 ­ 40 ELIZABETH STREET HOBART TAS 7000 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

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.

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.

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

Occupational license for use of Hobart City Council highway reservation (select if required as detailed in the development proposal plan), in accordance with conditions to be established by the Council.

http://www.hobartcity.com.au/Environment/Occupational_Licence

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_Cleaning/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

PERMIT FOR VEHICLE ACCESS TO ELIZABETH STREET MALL

Permit for vehicle access to the Elizabeth Street mall. Please contact the Council’s Customer Services and Parking operations.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations and partial change of use to workshop, food services and tourist operation at 38­40 Napoleon Street, Battery Point for the reasons outlined in the officer’s report attached to item 7.2.3 of the Open City Planning Committee agenda of 28 November 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 PLN­16­863 ­ 38­40 NAPOLEON STREET BATTERY POINT TAS 7004 ­ 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 2016/01427­HCC dated 4 September 2016 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

This approval is for use of buildings 1 and 2 in Figure 1 of the E3 Planning Report as food services, tourist operation and business and professional services. Use of the buildings for manufacturing and processing will require further planning approval.

Reason for condition

To provide clarification of the uses approved under this planning permit.

ENG 8

The disabled dropoff/pickup area must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavements markers in accordance to AS/NZS 2890.1 and AS/NZS 2890.6, prior to the commencement of the use.

Reason for condition

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

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.

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, by​laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit Error! Hyperlink reference not valid.

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.

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

PUBLIC HEALTH AND FOOD BUSINESS REGISTRATION

Approved/endorsed plans for a food business fit out, under the Building Code of Australia National Construction Code Tas Part H102 for food premises which must have regard to the FSANZ Food Safety Standards;

http://www.hobartcity.com.au/Environment/Public_Health_and_Food/Food
Food business registration in accordance with the Food Act 2003; http://www.hobartcity.com.au/Environment/Public_Health_and_Food/Food
Public Health Risk Activities Licence

http://www.hobartcity.com.au/Environment/Public_Health_and_Food/Public_Health_Ri sk_Activites_­_Tattooing_and_Piercing

INUNDATION PRONE AREAS

Please be aware that while the current proposal is exempt from the Inundation Prone Areas Code of the Hobart Interim Planning Scheme 2015, part of the site is located within a Coastal Inundation Hazard Area.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for multiple dwellings at 5 Baker Street, New Town for the reasons outlined in the officer’s report attached to item 7.2.4 of the Open City Planning Committee agenda of 28 November 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 PLN­16­989 5 BAKER STREET NEW TOWN TAS 7008 ­ 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 2016/01352­HCC dated 22/09/2016 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw4

The new stormwater connection(s) must be constructed by Council at the owner’s expense and any proposed abandoned stormwater connections sealed by Council at the owner’s expense, prior to commencement of use.

Detailed engineering design drawings must be submitted and approved by

Council, prior to commencement of work.

The design drawings must:

·     Include the location of the proposed stormwater connection;

·     Include the size of the proposed stormwater connection appropriate to satisfy the needs of the development;

·     Include the material of the proposed stormwater connection;

·     Identify the interface between Council and private stormwater infrastructure; and

·     Identify if the stormwater connection for 3 Baker Street  will be impacted by the construction of the crossover for 5 Baker Street and if so, the design drawings must include the relocation of 3 Baker Street stormwater connection and abandonment of old connection.

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

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.

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.

BUILDING PERMIT

Building permit in accordance with the Building Act 2000; h;ttp://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

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

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

The footpath material must match the existing footpath. Any coloured or textured surface construction must not extend beyond the property boundary unless agreement from Council’s Manager Roads and Environmental Engineering. 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.

STORM WATER / ROADS / ACCESS

Infrastructure is to be designed and constructed in accordance with the (IPWEA) LGAT­ – standard drawings.

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

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a single dwelling at 40A Nicholas Drive & 38A Nicholas Drive, 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 28 November 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 PLN­16­930 40A NICHOLAS DRIVE SANDY BAY TAS 7005 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 2016/01560­HCC dated 25/10/2016 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw2

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

Digital copies of a pre and 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:

a.   prior to issue of any consent under the Building Act 2000 or the commencement of work (whichever occurs first), and

b.   after completion of all work but prior to the first occupation.

The 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.

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.

ENG sw3

The proposed works (eg driveway, steps and retaining wall, including foundations) must be designed to ensure the long term protection of and access to the Council’s stormwater infrastructure.

Detailed engineering design must be submitted and approved prior to issue of any consent under Building Act 2000 or the commencement of works (whichever occurs first). The detailed design must:

a.        Demonstrate how the design will provide adequate access to the main, provide adequate cover over the main, and that all structures will be fully independent of the mains and their trenching with no loading on the mains;

b.      Include cross­sections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works (including footings), and stating the minimum setbacks from the works to the nearest external surface of the main;

c.        Include a long­section of Council's stormwater main clearly showing proposed cover. If the cover is less than 600mm, plans and full calculations to relevant Australian standards (including construction traffic loading) must be submitted to demonstrate the mains can withstand the likely forces and will be adequately protected. All assumptions must be stated; and

d.      Be certified by a suitably qualified engineer.

Prior to issue of any Certificate of Completion a suitably qualified engineer must confirm the installation of the works within two metres of Council’s stormwater 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).

Reason for condition

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

ENG 2

Vehicle safety barriers where required by Australian Standard AS/NZS2890.1:2004, compliant with AS/NZS1170.1:2002 must be installed prior to the first occupation.

A certified vehicle crash barrier design (including site plan with proposed location(s) of installation), prepared by a suitably qualified Engineer, to satisfy the above requirements, must be submitted and approved by 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.

Prior to the issuing of any Completion Certificate under the Building Act 2000, 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.

Advice:

If vehicle safety barriers are not required due to a drop of less than 600mm, the designers should make this clear on the drawings to help avoid unnecessary delays in building approval.

If wheelstops (i.e kerb 90 to 110mm high) are not required due to a drop of less than 150mm, the designers should make this clear on the drawings to help avoid unnecessary delays in building approval.

Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required: http://www.abcb.gov.au/Resources/NCC.

Council do not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3.

Reason for condition

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

ENG 14

The driveway and access must be constructed in accordance with certified driveway detailed design drawings, prior to the first occupation.

The driveway and access design must be submitted and approved by Council, prior to the issuing of any permit under the Building Act 2000.

The driveway access design must:

·      Be prepared and certified by a suitably qualified engineer that the design is in accordance with the Australian Standard AS/NZS2890.1:2004 (including the requirement for retaining walls, and vehicular safety barriers), or that the design provides for a safe and efficient access.

·      Show dimensions, levels, gradients and transitions, and other details as necessary to satisfy the above requirement.

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

Prior to the issuing of any Completion Certificate under the Building Act 2000, documents signed by a suitably qualified engineer, certifying the driveway and access has been constructed in accordance with the certified design drawings must be lodged with the Council.

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

Reason for condition

To ensure that safety of users of the driveway/parking and compliance with the relevant Australian Standard and the National Construction Code.

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 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 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_Gui deline. 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.

Part 5 1

The owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 with respect to building within one metre of and over Council's stormwater main prior to the commencement of work.

The owner must agree to:

a.         not perform any future works to the structure within one metre of the main, including replacement of footings without written permission from Council; and

b.         dismantle/ replace the works at the owner’s cost, at Council’s request to allow free access to Council’s infrastructure.

All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.

The owner must comply with the Part 5 Agreement which will be placed on the property title.

Note: Further information with respect to the preparation of a Part 5 agreement can be found at: http://www.hobartcity.com.au/Development/Planning/Part_5_agreements

Reason for condition

To ensure that Council's ability to maintain and replace stormwater assets are 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.

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

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.

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

ACCESS

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

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 RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

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.

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

WEED CONTROL