Minutes

Open Portion

Monday, 19 December 2016

AT 5:20 pm

Council Chamber, Town Hall


 

Minutes (Open Portion)

Council Meeting

Page 2

 

19/12/2016

 

 

 ORDER OF BUSINESS

 

PRESENT, APOLOGIES AND LEAVE OF ABSENCE

1.        Confirmation of Minutes. 5

2.        Transfer of Agenda Items. 6

3.        Communication from the Chairman. 6

4.        Notification of Council Worshops. 7

5.        Public Question Time. 7

6.        Petitions. 7

7.        Consideration of Supplementary Items. 8

8.        Indications of Pecuniary and Conflicts of Interest. 8

Reports of Committees. 8

City Planning Committee

9.        Council Acting as Planning Authority. 8

9.1     Franklin Wharf, Hobart - Partial Demolition, Extension, Alterations, Signage and Change of Use to Eating Establishment and Unlisted Use (Bar) 9

9.2     34 Argyle Street, 38 Argyle Street and Adjacent Road Reserve, Hobart - Alterations to previously approved development (PLN-14-00952-01) signage and partial change of use to visitor accommodation (including restaurant, bar and conference facilities) and offices. 10

9.3     Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment 8/2016 and S43A Permit Application - 1 Folder Street and 5 Tew Terrace Rezoning and Boundary Adjustment 25

9.4     107 Lansdowne Crescent, West Hobart - Partial Demolition, Extension and Alterations. 27

9.5     732a Sandy Bay Road, Sandy Bay - Dwelling. 30

9.6     11 Chessington Court, Sandy Bay and Adjacent Road Reserve - Partial Demolition, Alterations, Extensions, Deck, Fencing, Outbuilding, Landscaping and Associated Hydraulic Infrastructure. 36

9.7     15 Marieville Esplanade, Sandy Bay - Demolition and replacement outbuilding  43

9.8     25, 39, 41 and 47-51 Salamanca Place, Hobart - Partial Demolition, Alterations, Extensions and Partial Change of Use to Visitor Accommodation and Signage  44

9.9     85-99 Collins Street, 49-51 Murray Street, Hobart - Partial Demolition, Alterations and Extensions and Partial Change of Use to Business and Professional Services and Signage. 49

9.10  456, 458, 462 Macquarie Street, South Hobart - Partial Demolition, Alterations, Extension and Change of Operating Hours for Service Industry and Partial Change of Use to Business and Professional Services and General Retail Hire  56

9.11  367-375, 379 Elizabeth Street, 29, 31 Strahan Street, North Hobart - Partial Demolition, Alterations and Extensions to Existing Buildings, New Development for Business and Professional Services, General Retail and Hire, Multiple Dwellings, and Community Meeting and Entertainment, Signage, Change of Operating Hours, Changes to Parking and Access, and Works in Road Reserve. 57

10       Infill Development Pilot Project 70

11       Battery Point Advisory Committee - Re-appointment of Expiring Memberships 2016. 71

12       Petition – Traffic Hazard -   47 Fisher Avenue, Sandy Bay - PLN-16-00658-01  72

13       Application to Extend Time - ETA-16-135 - 31 Beddome Street, Sandy Bay - New House and Ancillary Flat 72

14       New Fees Associated with Building Act 2016. 73

15       Heritage Advisory Committee. 74

Community, Culture and Events Committee

16       City of Hobart Art Prize Review Update. 74

17       Urban Art Walls: Iteration 3. 76

Finance Committee

18       Remissions and General Assistance Available to Ratepayers. 77

19       Annual Review of Loan and Investment Portfolios - November 2016. 78

Parks and Recreation Committee

20       Request for Extension of Lease - Telstra Telecommunication Tower - Sandown Park, Sandy Bay. 78

Risk and Audit Panel

21       Annual Report on the Risk and Audit Panel Activities 2016. 79

22.     Closed Portion of the Meeting.. 80

 


 

Minutes (Open Portion)

Council Meeting

Page 5

 

19/12/2016

 

 

PRESENT:

 

The Lord Mayor Alderman S L Hickey,

Aldermen M Zucco, J R Briscoe, E R Ruzicka, P T Sexton, H C Burnet,
P S Cocker, D C Thomas, A M Reynolds, T M Denison and W F Harvey.

 

            Alderman Zucco left the meeting at 6.11 pm after declaring an interest in item 9.1 and returned at 6.24 pm, left the meeting at 7.59 pm after declaring an interest in item 9.11 and returned at 8.07 pm then left again at 8.17 pm during the closed portion of the meeting and was not present for item 22.

 

Alderman Thomas left the meeting at 6.38 pm after declaring an interest in item 9.3 and returned at 6.40 pm.

 

APOLOGIES:

 

The Deputy Lord Mayor Alderman R G Christie.

 

LEAVE OF ABSENCE:

 

Nil

1.       Confirmation of Minutes

 

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 5 December 2016, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

 

Ruzicka

Briscoe                                                                     That the minutes be signed.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

The minutes were signed.

2.       Transfer of Agenda Items

 

Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015?

 

No items were transferred.

3.       Communication from the Chairman

 

3.1      Fujian Symphony Orchestra

The Lord Mayor presented a scroll which was given to the Deputy Lord Mayor, Alderman Ron Christie for the City of Hobart, by the conductor of the Fujian Symphony Orchestra.



3.2      Alderman Eva Ruzicka - PhD

The Lord Mayor congratulated Alderman Eva Ruzicka in obtaining her PhD and recognised her thesis titled A Political History of Local Government in Tasmania:  Seeking Explanations for Decline.

 

Zucco

Briscoe

 

That the Council note the recent achievement of Alderman Ruzicka in obtaining her PhD.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

3.3      Marriage of the Deputy Lord Mayor and Ms Lili Sun

The Lord Mayor congratulated the Deputy Lord Mayor Alderman Ron Christie and Ms Lili Sun on their marriage which took place on Sunday 18 December 2016.

 

Ruzicka

Burnet

 

That the Council offer its congratulations to the Deputy Lord Mayor and Ms Lili Sun on their recent marriage.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

4.       Notification of Council Worshops

 

In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the General Manager reports that no workshops have been conducted since the last ordinary meeting of the Council.

5.       Public Question Time

 

No questions were received.

6.       Petitions

 

No petitions were received.

7.       Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

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.

 

No supplementary items were received.

 

 

8.       Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

 

Aldermen are requested to indicate where they may have any pecuniary or conflicts of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the committee has resolved to deal with.

 

The following interest was indicated:

 

1.    Alderman Zucco - item 9.1.

2.    Alderman Thomas - item 9.3.

 

 Reports of Committees

 

City Planning Committee

 

9.       Council Acting as Planning Authority

 

In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Council to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.

 

In accordance with Regulation 25, the Council will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

 

The Council is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.

 

 

 

 

Alderman Zucco declared an interest in item 9.1 and retired.

 

9.1      Franklin Wharf, Hobart - Partial Demolition, Extension, Alterations, Signage and Change of Use to Eating Establishment and Unlisted Use (Bar)

            PLN-16-800 - File Ref: F16/137461

Ref:    Open CPC Supp. 7.2.1, 12/12/2016

Application Expiry Date: 19 December 2016

Extension of Time: Not applicable

 

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council refuse the application for partial demolition, extension, alterations, signage and change of use to eating establishment and unlisted use (bar) at Franklin Wharf, Hobart for the following reasons:

 

1.           The proposal fails to satisfy objective (e) and its corresponding performance criteria at clause 21.2 of the Sullivans Cove Planning Scheme 1997 because it will not further develop the Activity Area as an attractive, comfortable and interesting place for pedestrians, it will not enhance pedestrian amenity, safety, comfort and movement across the floor of the Cove, and it will not provide additional opportunities for pedestrians to access and view the water's edge.

 

 

2.           The proposal fails to satisfy the Public Urban Space Specific Precinct Guidelines at clause 24.4.8B, the Public Urban Space Function for Franklin Wharf at clause 24.4.10A and the Public Urban Space objectives at clause 24.2 of the Sullivans Cove Planning Scheme 1997 because the extension will compromise the flat fill character of the Cove, does not create a comfortable and aesthetically pleasing pedestrian environment and does not facilitate pedestrian access to the waterfront.

 

 

3.           The proposed awning sign to the northern elevation does not comply with the performance criteria at clause 25.14 and table 25.1 of the Sullivans Cove Planning Scheme 1997 because the size of the lettering exceeds 0.25m.

 

Briscoe

Harvey                                                    That the recommendation be adopted.

 

 

MOTION CARRIED

 

VOTING RECORD

AYES

NOES

Briscoe

Lord Mayor Hickey

Ruzicka

Sexton

Burnet

Denison

Cocker

 

Thomas

 

Reynolds

 

Harvey

 

 

 

9.2      34 Argyle Street, 38 Argyle Street and Adjacent Road Reserve, Hobart - Alterations to previously approved development (PLN-14-00952-01) signage and partial change of use to visitor accommodation (including restaurant, bar and conference facilities) and offices

            PLN-16-1069 - File Ref: F16/135569

Ref:    Open CPC 7.1.1, 12/12/2016

Application Expiry Date: 20 December 2016

Extension of Time: Not applicable

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations to previously approved development (PLN­14­00952­01), signage and partial change of use to visitor accommodation (including restaurant, bar and conference facilities) and offices at 34 and 38 Argyle Street and adjacent road reserve, Hobart, for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 12 December 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 PLN­16­1069 ­ 34 Argyle Street & 38 Argyle Street & Adjacent Road Reserve, Hobart TAS 7000 ­ 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 2016/01598­HCC dated 1 November 2016 as attached to the permit.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

PLN s1

 

 

This permit is subject to and conditional on substantial commencement of the development approved by planning permit PLN­14­00952­01. This permit will lapse if planning permit PLN­14­00952­01 does not take effect.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

PLN s2

 

No signage is approved by this permit. Any proposed signage requiring planning approval must be the subject of a separate planning application, submitted to and approved by the Hobart City Council.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

ENG sw s1

 

 

Any existing stormwater mains to be made redundant as a result of the development must be formally abandoned as Council infrastructure at the developer’s cost, prior to the commencement of work.

 

 

An in­pipe CCTV inspection of any of the Council’s infrastructure to be abandoned must be undertaken by a Council­approved contractor at the developer’s cost, to locate and identify all connections.

 

 

Advice: Once the CCTV and associated report have been approved 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 sw3

 

 

The proposed development must be designed to ensure the long term protection and access to the Council’s storm water infrastructure, including the protection of any infrastructure that is to be temporarily retained and abandoned later.

 

 

A detailed engineering design must be submitted and approved prior to commencement of works. The detailed design must:

 

1.      Demonstrate, including sections, how the design will ensure the protection of and access to Council’s stormwater main(s).

2.      Be certified by a suitably qualified and experienced engineer.

 

 

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).

 

 

Reason for condition

 

 

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

 

 

ENG sw s2

 

 

Safe and efficient drainage of the site and surrounds must be maintained throughout the construction of the development.

 

A Construction Sequence Plan (CSP) must be submitted and approved prior to the commencement of work. The CSP must detail:

 

 

The construction sequence for the works, with any necessary contingency options, including but not limited to:

1.      The existing and future surface levels in Kemp Street.

2.      The abandonment of any existing public infrastructure, or temporary retention (and protection) of any existing public infrastructure.

3.      Reconnection of any private services effected by the development.

 

 

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

 

 

Advice: Once the CSP 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 site and surrounding land is adequately drained.

 

 

ENG sw5

 

 

The proposed alterations to the public stormwater infrastructure must be designed and constructed prior to the commencement of use.

 

 

Engineering drawings must be submitted and approved (along with supporting calculations and catchment analysis), prior to commencement of work. The engineering drawings must:

 

 

1.      Be certified by a qualified and experienced engineer.

2.      Include both plan, long and cross sections of the proposed mains, including the finished surface levels for the right of way, the road reserve in both Kemp and Argyle Street, and hotel floor levels.

3.      Include any existing stormwater mains to be abandoned.

4.      Include all other services and potential clashes.

5.      Include detailed design of the connection into the Hobart Rivulet (including minimisation of hydraulic intrusion and scour protection).

6.      Include details of sizing, cover, grade, pipe material and class, connections, velocities, clearances to structures and services, easements.

7.      Demonstrate how the system will accommodate flows associated with a 1% AEP rainfall event at 2100 (i.e. including a loading for climate change). The system incorporates both the piped system and designated overland flow paths.

8.      Demonstrate that the proposed alterations to the stormwater infrastructure do not adversely impact any third party properties.

9.      Include consideration of the flood levels in the Hobart Rivulet and their impact on receiving drainage capacity.

 

 

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

 

 

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

 

 

Any construction of public infrastructure (which will be taken over by the Council) must be carried out either by the Council or by a Council­approved private contractor with a Permit to Construct Public Infrastructure. A maintenance period of 12 months will apply, and a Maintenance Bond equal to 5% of the contract value of the works must be lodged with the Council in the form of a cash deposit or bank guarantee from an approved financial institution. This bond will be released at the end of the 12 months maintenance period should no maintenance works on public infrastructure be required. This will be demonstrated by a final inspection by the Council, and submission of a recorded CCTV inspection and associated report of all new public stormwater infrastructure taken no more than one month before the end of the maintenance period. Where remedial works are to be undertaken, the bond will not be released until the works are completed to the satisfaction of the Council’s Director Infrastructure Services.

 

 

Reason for condition

 

 

To ensure Council’s hydraulic infrastructure meets acceptable standards.

 

 

ENG sw6

 

All stormwater from the proposed development (including roofed areas and runoff from the right of way) must be discharged via gravity to the Council’s infrastructure prior to first occupation. All costs associated with works required by this condition are to be met by the owner.

 

 

Design drawings (including supporting calculations) of the proposed stormwater drainage and connection(s) to Council infrastructure must be submitted and approved prior to the commencement of work. The design drawings must:

 

 

1.      Be prepared by a suitably qualified person.

2.      Provide a single connection to Council infrastructure for each final lot, separate to each lot, sized to meet the needs of the development.

3.      Clearly distinguish between public and private infrastructure.

4.      Identify any existing connections to be made redundant.

5.      Incorporate consideration of the limited receiving capacity of the downstream system.

6.      Include long section(s), levels, and grades to the point of discharge.

 

 

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

 

 

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 stormwater from the site will be discharged to a suitable Council approved outlet.

 

 

ENG sw s3

 

 

The proposed development and new public infrastructure works must not adversely impact the Hobart Rivulet.

 

A Construction Management Plan (CMP) must be submitted and approved prior to commencement of works. The CMP must:

 

 

·  Detail the methodology for installing the connection into the Hobart Rivulet

 

·  Detail how the Rivulet will be protected, with consideration of (but not limited to):

1.    Likely forces associated with the construction, including vibration, traffic loading, etc.

2.    Extent and duration of excavation next to the rivulet.

3.    Risk treatment plan for all reasonably possible risks, e.g. flood, collapse of Rivulet wall, undermining, environmental damage to the waterway, project delays, unknown Rivulet construction or condition, etc.

4.    Be prepared by a suitably qualified and experienced person.

 

 

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

 

 

Advice: Once the CMP 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 protection of the Council’s hydraulic infrastructure.

 

 

ENG tr2

 

 

A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).

 

 

The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved, prior to commencement work. The construction traffic and parking management plan must:

 

 

1.      Be prepared by a suitably qualified person, by the Council;

2.      Develop a communications plan to advise the wider community of the traffic and parking impacts during construction;

3.      Include a start date and finish dates of various stages of works;

4.      Include times that trucks and other traffic associated with the works will be allowed to operate; and

5.      Nominate a superintendant or like to advise the Council of the progress of works in relation to the traffic and parking management with regular meetings during the works.

 

 

All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.

 

 

Advice: Once the construction traffic and parking 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 the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

 

 

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.

 

 

ENGR 3

 

 

The proposed driveway access within the Argyle Street and Kemp Street highway reservation must be designed and constructed in accordance with the drawings submitted and the Tasmanian Standard Drawings and other relevant standards, guidelines and codes prior to the commencement of the use.

 

 

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

·        Show cross and long section of the driveway access within the highway reservation, into the property and along the footpath.

·        Detail the standard the access, including road pavement, kerbs and footpath will be design and constructed too.

·        Detail the location and level of any services or infrastructure at or near the proposed driveway access.

·        The access to be designed for heavy vehicle loadings.

 

·        Show swept path templates in accordance with AS/NZS 2890.1 2004 (B85 or B99 depending on use).

·        All works should be in accordance with the Tasmanian Standard Drawings.

·        Be prepared and certified by a suitable qualified person, to satisfy the above requirement.

 

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

 

 

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

 

 

Reason for condition

 

 

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

 

 

ENGR s1

 

 

The pavers within the Argyle Street, Collins Street and Kemp Street highway reservation that will be effected by the construction must be removed and replaced with a temporary asphalt seal at the developers cost prior to the commencement of work. The pavers must not be damaged during the process and stored off site. The pavers are to be reinstated at end of the development at the developers cost and to the satisfaction of the Director City Infrastructure.

 

 

Reason for condition

 

 

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

 

 

ENGR s2

 

 

Provide details on the widening of the footpath on Argyle Street, the reinstatement of existing footpath on Argyle Street and new footpath within Kemp Street, prior to the commencement of work.

 

 

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

 

·       Show the location of new and existing footpaths within the highway reservation.

·       Show cross and long section of the new and existing footpaths within the highway reservation Note: that the agreement of the Council’s is required to adjust footpath levels.

·       Detail the standard the footpaths and associated infrastructure such as ramps and kerbs will be design and constructed to.

·       Detail the location and level of any services or infrastructure at or near the proposed and existing footpaths.

·       All works should be in accordance with the Tasmanian Standard Drawings and other relevant standards, guidelines and codes.

·       Be prepared and certified by a suitable qualified person, to satisfy the above requirement.

 

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

 

 

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

 

 

Reason for condition

 

 

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

 

 

ENGR s3

 

 

The traffic signal box and street bin on Argyle Street are to be relocated to the back of the footpath along the building line or removed/placed underground at the developers cost, prior to first occupation.

 

 

Reason for condition

 

 

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

 

 

ENGR s4

 

 

A street lighting design for roads, footways and driveway access which the City has an interest in, surrounding the development site must be submitted and approved prior to the commencement of work. The street lighting design must be:

 

 

·     in accordance with AS/NZS 1158 series to the requirements of Tas Network and Council.

 

·     include Tas Networks standard supplied poles and energy­efficient road light fittings if lighting in the highway reservation be certified by a qualified person.

 

All work required by this condition must be undertaken in accordance with the approved street lighting design. The on­going maintenance of the lighting of the driveway access will be at the owners cost.

 

 

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

 

 

Reason for condition

 

 

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

 

 

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 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 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.

 

 

SURV 8

 

 

The applicant, at no cost to the Council shall have prepared, entered into, and have registered at the Land Titles Office, a deed pursuant to Section 75CA of the Conveyancing and Law of Property Act 1884 for any building encroachments over the Argyle and Kemp Street highway, prior to the issue of a certificate of occupancy.

 

 

Advice: A Section 75CA Conveyancing & Law of Property Act 1884 certificate for the occupation of a Highway requires that the encroachment is a minimum 2.40 metres above the footpath or 4.25 metres above the road carriageway. A 600mm set back from the back of kerb may also be required.

 

 

The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing & Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated $220 Council application fee and the Land Titles Office registration fee, to the Council for execution and subsequent registration within the Land Titles Office.

 

 

Reason for condition

 

 

To ensure that the proposed building encroachments over Argyle and Kemp Streets are formalised in accordance with statutory provisions.

 

 

SUB s1

 

 

A Right of Way, service easement and floodway easement in favour of the Hobart City Council over the driveway and footpath from Argyle through to Kemp Street must be provided to the satisfaction of the Council’s Director City Infrastructure and Director City Planning prior to the issue of any certificate of occupancy for the development. The Right of Way, service easement and floodway easement are to be created by Transfer of Easements under section 58 of the Land Titles Act 1980. All costs associated with the creation of these easements are to be paid by the applicant.

 

 

Reason for condition

 

 

To ensure that there is no impediment to public access from Argyle Street to Kemp Street, to enable maintenance of Council’s infrastructure and ensure that overland flow path through the site remains unobstructed at all times.

 

 

SUB s2

 

 

Road widening must be provided along Kemp and Argyle Streets within land currently comprised in certificates of title 164485/1 and 164485/0 as shown on the Hobart City Council’s plan S­194­41 Revision A dated 23/11/2016 or otherwise determined. The extent of the road widening must be to the satisfaction of the Council’s Director City Infrastructure. The road widening must be dedicated as road on the final plan of survey associated with PLN­14­00952­01 and transferred to the Hobart City Council. Please refer to the Final Plan of Survey advice clause.

 

 

Reason for condition

 

 

To ensure that the title to the road lots issue in the Hobart City Council.

 

 

SUB s3

 

 

An amendment to strata plan 164485 must be submitted concurrently with the final plan of survey associated with PLN­14­00952­01 for the boundary adjustment and approved by the Council in accordance with the requirements of Sections 19 and 31 of the Strata Titles Act 1998 prior to the sealing of the final plan for the boundary adjustment associated with PLN­14­00952­01. The amendment to strata plan 164485 is to reflect the proposed boundary adjustment and the road widening required along Kemp and Argyle Streets.

 

 

Reason for condition

 

 

To ensure compliance with statutory provisions.

 

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
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_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_Cleaning/Roads_and_Footpaths

 

 

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.

 

 

FINAL PLAN OF SURVEY

 

The applicant will need to prepare and arrange for the execution of a Land Titles Office transfer and partial discharge of mortgage (if required) for the road lots, attend to the assessment and payment of Stamp Duty with the Commissioner of Taxes and forward the stamped instruments together with the associated Land Titles Office registration fees (cheque made payable to the Recorder of Titles for $200.43 (transfer) and $162.18 (partial discharge of mortgage) and a completed notice of sale, to the Council’s Manager Surveying Services prior to the sealing of the final plan of survey.

 

HERITAGE

 

 

Should any brick or sandstone material be excavated during the installation of the stormwater pipe into the Hobart Rivulet, work is to cease and Council's Cultural Heritage Officer is to be notified. Please contact Sarah Waight on 6238 2175.

 

 

CONSISTENCY WITH PLANNING APPROVAL PLN­14­00952­01

 

 

The applicant is encouraged to contact the Council to discuss amending the original approval for the site to remove any conditions on the 2014 permit that are superseded by or in conflict with the conditions imposed by this permit. Please contact the Council's Senior Statutory Planner in the first instance on 6238 2715 to initiate this discussion.

 

Briscoe

Burnet                                                    That the recommendation be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

Reynolds

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Denison

 

Harvey

 

 

 

Alderman Thomas declared an interest in item 9.3 and retired.

 

9.3      Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment 8/2016 and S43A Permit Application - 1 Folder Street and 5 Tew Terrace Rezoning and Boundary Adjustment

            File Ref: F16/99289

Ref:    Open CPC 7.1.2, 12/12/2016

Application Expiry Date:  28 January 2017

Extension of Time:  Not applicable

 

That:   1.      Pursuant to Section 34(1) (b) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council resolve to initiate amendments to the Hobart Interim Planning Scheme 2015 to:

(i)    rezone part of the property at 1 Folder Street to Environmental Management and part of the property at 5 Tew Terrace, Sandy Bay to Low Density Residential, as indicated on the plans, marked as Attachment A to item 7.1.2 of the Open City Planning Committee agenda of 12 December 2016;

(ii)   add the area rezoned to Environmental Management to the Biodiversity Protection Area Overlay and remove the area rezoned to Low Density Residential from the Biodiversity Protection Area Overlay, as indicated on the plans, marked as Attachment A to item 7.1.2 of the Open City Planning Committee agenda of 12 December 2016;

(iii)  remove the Certificate of Title number reference from the heritage listing for 1 Folder Street under Table E13.1 of the Historic Heritage Code (listing reference number 1159).

2.      Pursuant to Section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council certify that the 8/2016 Amendment to the Hobart Interim Planning Scheme 2015 meets the requirements of Section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the General Manager and the Deputy General Manager to sign the Instrument of Certification marked Attachment C to item 7.1.2 of the Open City Planning Committee agenda of 12 December 2016.

3.      Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place the 8/2016 Amendment to the Hobart Interim Planning Scheme 2015 on public exhibition for a 28 day period following certification.

4.      Pursuant to Section 43A of the former provisions of the Land Use Planning and Approvals Act 1993, the Council grant a permit for Subdivision (Boundary Adjustment) at 1 Folder Street and 5 Tew Terrace, Sandy Bay for the reasons outlined in the officers report marked Attachment B to item 7.1.2 of the Open City Planning Committee agenda of 12 December 2016, and a permit containing the conditions specified in Attachment B to that report, be issued.

 

Briscoe

Denison                                                   That the recommendation be adopted.

 

 

MOTION CARRIED

 

 

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Reynolds

 

Denison

 

Harvey

 

 

 

9.4      107 Lansdowne Crescent, West Hobart - Partial Demolition, Extension and Alterations

            PLN-16-00285-01 - File Ref: F16/135061

Ref:    Open CPC Supp. 7.1.3, 12/12/2016

Application Expiry Date: 10 January 2017

Extension of Time: Not applicable

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for the partial demolition, extension and alterations at 107 Lansdowne Crescent, West Hobart for the reason that it complies with the Hobart Interim Planning Scheme 2015, and a permit containing the following conditions be issued:

 

GENERAL

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-16-00285-01 - 107 Lansdowne Crescent – 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 site-related 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: http://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.

 

HER 7

 

Archival quality annotated photographs and drawings of the building and features to be demolished must be recorded.

 

The photographs and drawings must be submitted and approved, prior to the commencement of work.

 

The photographs and drawings must include:

•        Each elevation of the building;

•        The interior of the building;

•        Architectural design detailing of the building;

•        Both electronic and hard copy colour images;

•        Photographs of any detail that may be of historical or architectural interest; and

•        Cross referencing of all photographs to “as existing” plans showing the location and orientation of the camera.

Advice: Once the annotated photographs and 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 recognition of the historic cultural heritage significance of the place.

 

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 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

 

 

Briscoe

Thomas                                                    That the recommendation be adopted.

 

 

MOTION CARRIED

 

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

9.5      732a Sandy Bay Road, Sandy Bay - Dwelling

            PLN-16-762 - File Ref: F16/137101

Ref:    Open CPC Supp. 7.1.4, 12/12/2016

Application Expiry Date: 30 December 2016

Extension of Time: Not applicable

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a dwelling at 732a Sandy Bay Road, Sandy Bay for the reasons outlined in the officer’s report attached to supplementary item 7.1.4 of the Open City Planning Committee agenda of 12 December 2016, and a permit containing the following conditions be issued:

 

 

GEN

 

 

The use and development must be substantially in accordance with the documents and drawings that comprise PLN­16­762 for a dwelling at 732A Sandy Bay Road, Sandy Bay ­ Final Planning Documents except where modified below.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

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 crossover on the Sandy Bay Road highway reservation must be designed and constructed in general accordance with the following Municipal Standard Drawings, to the satisfaction of the Council's Director City Infrastructure, prior to the commencement of the use:

 

 

1.       Urban ­ TSD­R09­v1 Urban Roads Driveways and TSD R14­v1 Type KC vehicular crossing, or

 

 

2.       Non­standard K&C­ a concrete plinth to Councils standards shall be constructed at the gutter, contact Council’s Road Services Engineer for details.

 

 

Advice: It appears that a non­standard crossover is required at this location. Designer should consult Council’s Road Services Engineer for further advice.

 

 

Reason for condition

 

 

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

 

 

ENG 3

 

 

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

 

 

The design of these areas must:

 

 

1.       Be prepared by a suitably qualified engineer, who must also certify 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 & garage, 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 drawings must:

 

 

1.       show dimensions, levels and gradients, 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.

 

 

Advice: The designers should ensure that adequate maneuvering space will be provided so that all B85 vehicles can turn around onsite and exit in a forward direction. 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 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.

 

 

ENG 10

 

 

The front fencing and gate at 732A Sandy Bay Road must allow adequate sight distance between user vehicles, cyclists and pedestrians.

 

 

Amended drawings must be submitted and approved, prior to the commencement of work. The amended drawing must demonstrate how the fence/wall either side of the driveway entry provides for adequate sight distance between user vehicles, cyclists and pedestrians by one of the following methods:

 

 

1.       Compliance with Australian/NZ Standard, Parking facilities Part 1: Off­street car parking AS/NZS 2890.1: 2004 Fig 3.3;

2.       Increasing the gate width of the driveway to ensure that it has a minimum clear opening width of 5.0m;

3.       Increasing the transparency of fencing for at least 1m on each side of driveway/s so that those sections of fencing are largely transparent; or

4.       Setting driveway(s) gates back 1m from front fence line to achieve increased sight lines.

 

 

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

 

 

Advice: The designers can contact the Council's Development Engineer on
62382858 for further advice on this matter. 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.

 

 

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 Plans (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_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

 

 

NOISE REGULATIONS

 

 

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

 

 

http://www.hobartcity.com.au/Environment/Environmental_Health/Environmental_Management_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 62382715 for assistance.

 

 

Briscoe

Denison                                                   That the recommendation be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

Ruzicka

Zucco

Cocker

Briscoe

Thomas

Sexton

Reynolds

Burnet

 

Denison

 

Harvey

 

 

 

9.6      11 Chessington Court, Sandy Bay and Adjacent Road Reserve - Partial Demolition, Alterations, Extensions, Deck, Fencing, Outbuilding, Landscaping and Associated Hydraulic Infrastructure

            PLN-16-861 - File Ref: F16/137341

Ref:    Open CPC Supp. 7.1.5, 12/12/2016

Application Expiry Date: 30 December 2016

Extension of Time: Not applicable

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, extensions, deck, fencing, outbuilding, landscaping and associated hydraulic infrastructure at 11 Chessington Court, Sandy Bay and adjacent road reserve for the reasons outlined in the officer’s report attached to supplementary item 7.1.5 of the Open City Planning Committee agenda of 12 December 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 PLN­16­861 ­ 11 CHESSINGTON COURT 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 2016/01186­HCC dated 17 November 2016 as attached to the permit.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

ENG sw3

 

 

The proposed works must be designed and constructed to ensure the protection of and access to the Council’s stormwater infrastructure.

 

 

A detailed engineering design must be submitted and approved prior to commencement of works. The detailed design must:

 

 

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

b.   Include cross­sections which clearly indicate the relationship between the works (including footings and relocated sewer main) and the main, stating minimum proposed setbacks from the outside edge of the main.

 

 

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). Council requires access for activities such as CCTV or jetting the main – a manhole is not necessary.

 

 

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 commencement of use.

 

 

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 Council, confirming that the installed barriers comply with the above requirement.

 

 

Advice:

 

 

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.

 

The drop from the proposed driveway to the below courtyard should be considered when assessing vehicular barrier requirements.

 

 

Reason for condition

 

To ensure the safety of users of the driveway / parking / highway reservation / adjacent properties and compliance with the relevant Australian Standard and the National Construction Code.

 

 

ENG 11

 

 

Any alterations to crossover Chessington Court highway reservation must be designed and constructed in general accordance with:

 

 

1.    LGAT Standard Drawing ­ Urban ­ TSD­R09­v1 Urban Roads Driveways and TSD R14­v1 Type KC vehicular crossing; and

2.    LGAT Standard Drawing ­ Footpath ­ TSD­R11­v1 ­ Urban Roads Footpaths;

 

prior to the commencement of the use.

 

 

Advice: Local Government Association Tasmania (LGAT) Standard Drawings can be viewed electronically via the LGAT website at: www.lgat.tas.gov.au  

 

 

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, 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

 

 

OCCUPATION OF THE PUBLIC HIGHWAY

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_Cleaning/Roads_and_Footpaths

 

 

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

 

 

The gate for the swimming pool must not encroach onto the Chessington Court highway reservation as per Section 52 of the Local Government (Highways) Act 1982 and most open entirely within the property.

 

 

Landscaping within the Chessington Court highway reservation is not approved.

 

 

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

WASTE DISPOSAL ­ TOP TEN TIPS http://www.hobartcity.com.au/Environment/Recycling_and_Waste

FEE
S AND CHARGES
http://www.hobartcity.com.au/Council/Fees_and_Charges


DIA
L 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

Denison                                                   That the recommendation be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

9.7      15 Marieville Esplanade, Sandy Bay - Demolition and Replacement Outbuilding

            PLN-16-1047 - File Ref: F16/137651

Ref:    Open CPC Supp. 7.1.6, 12/12/2016

Application Expiry Date: 4 January 2017

Extension of Time: Not applicable

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and replacement outbuilding at 15 Marieville Esplanade, Sandy Bay for the reasons outlined in the officer’s report attached to supplementary item 7.1.6 of the Open City Planning Committee agenda of 12 December 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 PLN­16­1047 ­ 15 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 ­ Final Planning Documents, except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

 

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

 

 

Briscoe

Thomas                                                    That the recommendation be adopted.

 

 

MOTION CARRIED

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

9.8      25, 39, 41 and 47-51 Salamanca Place, Hobart - Partial Demolition, Alterations, Extensions and Partial Change of Use to Visitor Accommodation and Signage

            PLN-16-1023 - File Ref: F16/138353

Ref:    Special Open CPC 2.1.1, 19/12/2016

Application Expiry Date: 23 January 2017

Extension of Time: Not applicable

 

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for partial demolition, alterations, extensions and partial change of use to visitor accommodation and signage, at three sites at Salamanca Place, being 25 Salamanca Place, 39­41 Salamanca Place, and 47­51 Salamanca Place, Hobart  for the reasons outlined in the officer’s report attached to item 2.1.1 of the Special Open City Planning Committee agenda of 19 December 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 PLN­16­1023 ­ 25, 39­41, 47­51 Salamanca Place 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 2016/01408­HCC dated 11/10/2016 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. 5147 dated 7/12/2016, as attached to the permit.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

PLN 10

 

The wall sign to 39­41 Salamanca Place must not exceed 0.5 m in height.

 

 

Reason for condition

 

 

To clarity the scope of the permit and to ensure compliance with the Signs Schedule of the Sullivans Cove Planning Scheme 1997.

 

 

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.

 

ENVHE 4

 

A construction management plan must be implemented throughout the construction works.

 

A construction management plan must be submitted and approved prior to the issuing of any building permit under the Building Act 2000.

 

The plan must include, but is not limited to, the following:

  1. Identification and disposal of any potentially contaminated waste and asbestos;
  2. Proposed hours of work (including volume and timing of heavy vehicles entering and leaving the site, and works undertaken on site);
  3. Proposed hours of construction;
  4. Identification of potentially noisy construction phases, such as operation of rock-breakers, explosives or pile drivers, and proposed means to minimise impact on the amenity of neighbouring buildings;
  5. Control of dust and emissions during work hours;
  6. Proposed screening of the site and vehicular access points during work; and
  7. Procedures for washing down vehicles, to prevent soli and debris being carried onto the street.

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

 

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

 

The applicant is encouraged to discuss the scheduling of construction and the maintenance of access to nearby properties with the owners and occupiers of those properties.

 

Reason for condition

 

To ensure minimal impact on the amenity of adjoining properties and members of the public during the construction period.

 

 

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

 

 

TITLE ADVICE

 

The applicant is advised that the part the rear of the property at 25 Salamanca Place under certificate of title 41654 vol 1, is subject of a right of way burdening easement. Part of the proposed extension to the rear of 25 Salamanca Place extends over the land the subject of the right of way burdening easement, and is likely to require modification accordingly.

 

 

ENVIRONMENTAL HEALTH ADVICE

 

Noise, dust, odour or other pollutants emitted from any activities associated with this development, including construction works, must not unreasonably cause any disturbance, annoyance or nuisance to owners/occupiers in the vicinity and shall comply with the Environmental Management and Pollution Control Act 1994 and subsequent regulations.

 

Reasonable noise attenuation measures should be incorporated in the design and construction of the accommodation units to ensure occupants are not adversely impacted by the emission of noise from existing noise generating uses in the area.

 

Briscoe

Harvey                                                    That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

Ruzicka

Burnet                                                                                                                       

 

That items 10 to 18 inclusive be taken.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

Item 10 was then taken.

 

9.9      85-99 Collins Street, 49-51 Murray Street, Hobart - Partial Demolition, Alterations and Extensions and Partial Change of Use to Business and Professional Services and Signage

            PLN-16-839 - File Ref: F16/138351

Ref:    Special Open CPC 2.2.1, 19/12/2016

Application Expiry Date: 4 January 2018

Extension of Time: Not applicable

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extensions and partial change of use to business and professional services, and signage (amended proposal) at 85­89 Collins Street and 49­51 Murray Street, Hobart for the reasons outlined in the officer’s report attached to item 2.2.1 of the Special Open City Planning Committee agenda and a permit containing the following conditions be issued:

 

GEN

 

 

The use and development must be substantially in accordance with the documents and drawings that comprise PLN­16­839 ­ 85­99 Collins Street and 49­51 Murray Street Hobart TAS 7000 ­ 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 2016/01111­HCC response dated 19/8/2016 as attached to the permit.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

ENG sw6

 

 

All stormwater from the proposed development (including roofed areas, ag drains, retaining wall ag drains and impervious surfaces ­ driveways etc) must be discharged to the Council’s infrastructure with sufficient receiving capacity prior to commencement of use.

 

 

All costs associated with works required by this condition are to be met by the owner.

 

 

Detailed engineering design drawings and calculations of the proposed stormwater drainage and connections to Council infrastructure must be submitted and approved by Council prior to issuing of any permit under the Building Act 2000. The design drawing must be prepared by a suitably qualified person.

 

 

Pumped private stormwater system(s) must be designed with a duty and standby pump design, and demonstrate compliance with the Hobart City Council's Guidelines for Property Owners and Developers "Private Stormwater Pumping Stations".

 

 

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

 

 

Reason for condition

 

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

 

 

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.

 

 

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 Plans (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.

 

 

HER 11

 

 

The existing original external window framing and the straight section of the internal first floor balcony closest to the building facade must be retained.

 

 

Plans must be submitted and approved prior to the commencement of work on the site. The plans must show the retention of the external window framing and the straight section of the internal first floor balcony closest to the building façade (modified as proposed), to satisfy the above requirement.

 

 

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

 

 

Advice: Once the plans 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 development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

 

HERs1

 

Interpretation of the internal stairway to be demolished must be installed and maintained within the building.

 

Plans demonstrating compliance with this condition to the satisfaction of the Council’s Director City Planning must be submitted and approved prior to the issuing of any building permit.

 

 

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

 

 

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

 

Reason for condition

 

In recognition of the heritage attributes of the internal stairway to be demolished.

 

HERs2

 

The internal stairway to be demolished must be stored on site for potential future reuse.

 

Reason for condition

 

In recognition of the heritage attributes of the internal stairway to be demolished.

 

HER 7

Archival quality annotated photographs and drawings of the internal stairway to be demolished must be recorded prior to commencement of work.

The photographs and drawings must be submitted and approved, prior to the commencement of work. The photographs and drawings must include:

1.      Each elevation of the stairway;

2.      Architectural design detailing of the stairway;

3.      Both electronic and hard copy colour images;

4.      Photographs of any detail that may be of historical or architectural interest; and

5.      Cross referencing of all photographs to “as existing” plan showing the location and orientation of the camera.

Advice: Once the annotated photographs and 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 recognition of the historic cultural heritage significance of the place.

 

 

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.

 

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

 

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_Events_in_the_Road_Reservation

 

 

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

 

 

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

 

 

NOISE REGULATIONS

 

 

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

 

 

http://www.hobartcity.com.au/Environment/Environmental_Health/Environmental_Management_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

 

 

DIGITAL ACCESS

 

 

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

 

 

Briscoe

Thomas                                                    That the recommendation be adopted.

 

 

MOTION CARRIED

 

 

 

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

Ruzicka

Zucco

Burnet

Briscoe

Reynolds

Sexton

Harvey

Cocker

 

Thomas

 

Denison

 

 

 

 

9.10    456, 458, 462 Macquarie Street, South Hobart - Partial Demolition, Alterations, Extension and Change of Operating Hours for Service Industry and Partial Change of Use to Business and Professional Services and General Retail Hire

            PLN-16-00357-01 - File Ref: F16/138991

Ref:    Special Open CPC 2.2.2, 19/12/2016

Application Expiry Date: 20 December 2016

Extension of Time: Not applicable

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations, extension and change of operating hours for service industry and partial change of use to business and professional services, and general retail and hire at 456, 458, 462 Macquarie Street, South Hobart for the following reasons:

1.    The proposal is inconsistent with the non-conforming use provisions within clause 9.1, the use standards relating to hours of operation, noise, and external lighting within clause 11.3.1, and the zone purpose statement within clause 11.1.1.

 

2.    The proposal is inconsistent with performance criteria 11.4.2 P3 relating to building set back and bulk.

 

3.    The proposal is inconsistent with performance criteria E 13.7.2 P1 due to its impact upon the characteristics of the South Hobart/Macquarie Street/Cascade Road Heritage Precinct.

 

Briscoe

Burnet                                                    That the recommendation be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Briscoe

Lord Mayor Hickey

Ruzicka

Zucco

Sexton

Denison

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Harvey

 

 

 

 

Alderman Zucco declared an interest in item 9.11 and retired.

 

9.11    367-375, 379 Elizabeth Street, 29, 31 Strahan Street, North Hobart - Partial Demolition, Alterations and Extensions to Existing Buildings, New Development for Business and Professional Services, General Retail and Hire, Multiple Dwellings, and Community Meeting and Entertainment, Signage, Change of Operating Hours, Changes to Parking and Access, and Works in Road Reserve

            PLN-16-768 - File Ref: F16/138355

Ref:    Special Open CPC 2.2.3, 19/12/2016

Application Expiry Date: 19 December 2016

Extension of Time: Not applicable

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extensions to existing buildings, new development for business and professional services, general retail and hire, multiple dwellings, and community meeting and entertainment, signage, change of operating hours, changes to parking and access, and works in the road reserve at 379 Elizabeth Street, 367-375 Elizabeth Street, 29 Strahan Street, 31 Strahan Street, North Hobart, and adjacent Road Reserve for the reasons outlined in the officer’s report attached to item 2.2.3 of the Special City Planning Committee agenda of 19 December 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 PLN-16-768 367-375 Elizabeth Street, 379 Elizabeth street, and 29 Strahan Street, North Hobart TAS 7000 - 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 2016/01002-HCC dated 19/09/2016 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.5067 dated 7 December 2016, as attached to the permit.

 

Reason for condition

 

To clarify the scope of the permit

 

PLN 14

 

The noise generated by the uses on this site must not cause environmental harm when measured at the boundary of the residential zone.

 

Reason for the condition

 

To ensure noise emissions do not cause environmental harm and do not have an unreasonable impact on residential amenity.

 

PLN 17

 

Parking and vehicle circulation roadways and pedestrian paths used outside daylight hours must be provided with lighting to an adequate standard.

 

Prior to the issue of any building consent under the Building Act 2000, a car park lighting plan must be provided, which satisfies all of the following:

 

(a)     enables easy and efficient use of the area;

(b)     minimises potential for conflicts involving pedestrians, cyclists and vehicles;

(c)     reduces opportunities for crime or anti-social behaviour by supporting passive surveillance and clear sight lines and treating the risk from concealment or entrapment points;

(d)     prevents unreasonable impact on the amenity of adjoining users through light overspill, including protecting the amenity of existing adjacent residential use;

(e)     is appropriate to the hours of operation of the use; and

(f)      complies with Australian Standard AS4282- Control of the obtrusive effects of outdoor lighting.

 

Advice: Parking and vehicle circulation roadways and pedestrian paths serving 5 or more car parking spaces, used outside daylight hours, should be provided with lighting in accordance with clause 3.1 “Basis of Design” and clause 3.6 “Car Parks” in AS/NZS 1158.3.1:2005 Lighting for roads and public spaces Part 3.1: Pedestrian area (Category P) lighting.

 

Reason for condition

 

To ensure that the non-residential use does not unreasonably impact residential amenity.

 

PLN s1

 

The uses on the site must not be open to the public outside of the following hours: 9:00 am to 11:30 pm daily.

 

Reason for condition

 

To clarify the scope of the permit and in accordance with submitted application documentation.

 

PLN s2

 

The glazed front elevation of 'building 2' must be redesigned to show the void (opening) to solid (wall) ratio more consistent with void to solid ratio prevailing in the streetscape at first floor level.

 

Design drawings must be submitted and approved, prior to the issuing of any permit under the Building Act 2000.  The amended drawings must include details of how this increased solidity will be achieved, to satisfy the above requirement. All work required by this condition must be undertaken in accordance with the approved drawing.

 

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 that the development satisfies the North Hobart Specific Area Plan building form standard objective to reinforce characteristic solid to void ratio.

 

PLN s3

 

Commercial vehicle movements to and from the site must be within the following times:

 

Monday to Saturday: 6am to 10pm.

Sunday and Public Holidays: 7am to 9pm

 

Reason for condition:

 

In the interests of residential amenity.

 

PLN s4

 

The height of the 'tower' element of building 1 must be reduced to be no higher than the batten screen on building 3.

 

Design drawings must be submitted and approved prior to the issuing of any consent under the Building Act 2000. The design drawings must include amended building height to satisfy the above requirement.

 

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

 

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

 

Reason for condition

 

To satisfy the standard for a development to be designed to be subservient to the historic cultural heritage values of the place and responsive to its dominant characteristics as required by the Historic Heritage Code.

 

ENGsw4

 

The development (including hardstand) must be drained to Council infrastructure. All new stormwater connections required, including those for any third-party stormwater affected by the development, must be constructed, and any existing abandoned 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 connections such that they are appropriate to safely service the development;

c.    long-sections of any proposed connections clearly showing clearances from any nearby services and street trees, cover, size, material and delineation of public and private infrastructure

d.    ownership of all stormwater pipes. New stormwater pipes must be separate to each Lot and contained entirely within 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). No additional shared private services will be approved.

 

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.

 

ENGsw6

 

All stormwater from the proposed development (including roofed areas, ag drains, retaining wall ag drains and impervious surfaces - driveways etc) must be discharged to the Council’s infrastructure with sufficient receiving capacity prior to commencement of use.

 

All costs associated with works required by this condition are to be met by the owner.

 

Detailed engineering design drawings of the proposed stormwater drainage and connections to Council infrastructure must be submitted and approved by Council prior to commencement of work. The design drawing must be prepared by a suitably qualified person.

 

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

 

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 stormwater from the site will be discharged to a suitable Council approved outlet.

 

ENG 4

 

The driveway and car parking area approved by this permit must be constructed to a sealed standard (paved, concrete, bitumen or equivalent Council approved) and surface drained prior to the commencement of use.

 

Reason for condition:

 

To ensure safe access is provided for the use.

 

ENG 14

 

The vehicular access, circulation roadways, aisles and parking spaces must be constructed in accordance with certified detailed design drawings, prior to the commencement of use. Car parking spaces 25 - 28 are not approved (due to right of way access issues requiring resolution).

 

The vehicular access, circulation roadways, aisles and parking space detailed design must be submitted and approved by Council, prior to the commencement of work.

 

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 (and AS/NZS2890.2: 2002 or AS/NZS2890.6:2009 where relevant) , or that the design provides for a safe and efficient access.

·     Show dimensions and locations for all car, bicycle and motorcycle parking spaces, aisle widths, circulation roadway widths, vehicular access widths, and other details as necessary to satisfy the above requirement.

·     The car parking plan must also show a dedicated commercial vehicle facility for loading, unloading or manoeuvring on-site in accordance with Australian Standard for Off-street Parking, Part 2 : Commercial. Vehicle Facilities AS 2890.2:2002.

·     Show car parking spaces 25 - 28 deleted. 

 

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 vehicular access, circulation roadways, aisles and parking spaces have 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 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 site-related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

 

ENGR 3

 

The proposed driveway crossover (existing and new) in the Strahan Street highway reservation must be designed and constructed in general accordance with TSD-R09-v1 and TSD-R14-v1 and the redundant driveway crossovers in the Elizabeth Street highway reservation reinstated to footpath (paved), kerb and channel in accordance with TSD-R11-v1, TSD-R14-v1 and TSD-R15-v15 Type KC, prior to the commencement of the use (see advice).

 

Design drawing must be submitted and approved prior to the commencement of work. The design drawing for the driveway crossover in Strahan Street must:

 

1.  Show the cross and long section of the driveway crossover within the highway reservation and onto the property;

2.  Detail if the existing crossover and extension can be constructed in general accordance with TSD-R09-v1 and TSD-R14-v1;

3.  Grated wedge, asphalt wedge and the standard open wedge driveway crossover are not permitted. To gain access a concrete plinth to Councils standards may be constructed at the gutter. A drawing of a standard concrete plinth can be obtained from Councils Road Services Engineer. If the concrete plinth is unable to be utilised then the existing slabs maybe able to extended;

4.  If the design deviates from the requirements of the TSD then the drawings must demonstrate that a B85 vehicle or B99 depending on use (AS/NZS 2890.1 2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the cars underside;

5.  Detail how the redundant driveway crossovers in the Elizabeth Street highway reservation will be reinstated to footpath (paved to match existing) and kerb and channel;

6.  Be prepared and certified by a suitable qualified person, to satisfy the above requirement.

 

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

 

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

 

Reason for condition

 

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

 

ENV2

 

Sediment and erosion control measures sufficient to prevent sediment from leaving the site and 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_and_Guidelines.

 

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 of the State Cinema and Soundy's building complex.

 

Plans must be submitted and approved prior to the commencement of work. The plans must show the colour finish and exterior cladding of all new buildings 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 (select relevant) heritage place/precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

 

SURV 8

 

The applicant, at no cost to the Council shall have prepared, entered into, and have registered at the Land Titles Office, a deed pursuant to Section 75CA of the Conveyancing and Law of Property Act 1884 for the awning encroachments over Elizabeth Street, prior to the issue of a completion certificate.

 

Advice: A Section 75CA Conveyancing & Law of Property Act 1884 certificate for the occupation of a Highway requires that the encroachment is a minimum 2.40 metres above the footpath or 4.25 metres above the road carriageway. A 600mm set back from the back of kerb may also be required.

 

The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing & Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated $220 Council application fee and the Land Titles Office registration fee, to the Council for execution and subsequent registration within the Land Titles Office.

 

Reason for Condition

 

To ensure that the proposed or existing building encroachment over Elizabeth Street is formalised in accordance with statutory provisions.

 

SUB s1

 

A Right of carriageway over the portion of the car park access driveway located within the land comprised in Certificate of Title 147682/1 benefitting Certificate of Title 162909/2 is to be registered on both Titles to the satisfaction of the Council's Director of Infrastructure Services prior to the issue of any certificate of occupancy for the development.

 

Reason for condition

 

To ensure that there is no impediment to the provision of access for 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, by-laws, 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 e-service 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

 

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

 

OCCUPATION OF THE PUBLIC HIGHWAY

 

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_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

 

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 RESERVE

 

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.

 

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.

 

WEED CONTROL

 

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website at http://dpipwe.tas.gov.au/invasive-species/weeds/weed-hygiene/washdown-guidelines

 

WORKPLACE HEALTH AND SAFETY

 

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

 

http://www.worksafe.tas.gov.au/safety

 

ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994

 

http://www.hobartcity.com.au/Environment/Environmental_Health/Environmental_Management_and_Pollution_Control

 

NOISE REGULATIONS

 

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

 

http://www.hobartcity.com.au/Environment/Environmental_Health/Environmental_Management_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

 

PART 5 AGREEMENT

 

The Part 5 Agreement registered on Certificates of Title 162909/2 and 163809/1 means that the portions of the driveway and car park within these titles shown as Lots 1 and 2 on the Plan of Survey annexed to the Part 5 agreement may only be used for the provision of car parking for the land within CT 163809/1 that is the Adjacent lot as defined in the Part 5 agreement (shown as QALT on the annexure plan), unless the prior written consent has been obtained from the Hobart City Council.

 

Written consent must be obtained from the Hobart City Council prior to the issue of any certificate of occupancy for the development to allow the utilisation for car parking of the portions of the land comprised within Certificates of Title 162909/1 and 163809/1 and defined as Lots 1 and 2 in the Part 5 agreement registered on these titles by other than for the benefit of the Adjacent lot as defined in the Part 5 agreement.

 

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

 

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_Cleaning/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

 

DIAL BEFORE YOU DIG

 

www.dialbeforeyoudig.com.au

 

ELECTRONIC ACCESS

 

If you do not have access to the Council’s electronic web page, please phone the Council (City Planning) on 62382715 for assistance.

 

Briscoe

Ruzicka                                                   That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

 

Ruzicka

Burnet

 

That item 19 be taken.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

Item 19 was then taken.

 

10.      Infill Development Pilot Project

            File Ref: F16/134516; S32-013-04

Ref:    Open CPC 8.1, 12/12/2016

 

That the Council note the outcomes of the Infill Development Pilot Project and endorse the release of the project reports prepared by Emma Riley and Associates Pty Ltd, marked as Attachments B and C to item 8.1 of the Open City Planning Committee agenda of 12 December 2016, to the landowners of the three priority sites identified in Hobart:

(i)      27-35 Tasma Street, North Hobart;

(ii)     66 Burnett Street, North Hobart; and

(iii)    143-145 new Town Road, New Town.

 

 

Briscoe

Burnet                                                    That the recommendation be adopted.

 

 

MOTION CARRIED

 

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

11.      Battery Point Advisory Committee - Re-appointment of Expiring Memberships 2016

            File Ref: F16/128862; 32-2-5

Ref:    Open CPC 8.2, 12/12/2016

 

That:   1.      The following members of the Battery Point Advisory Committee, whose terms are due to expire on 31 December 2016, be re-appointed for a further two year period, or until such time as the Battery Point Planning Scheme 1979 ceases to exist, whichever occurs first:

(i)      Mr Warwick Oakman, being a nominee of the National Trust of Australia (Tas) Inc; and

(ii)     Mr Bruce Churchill, being a person with expertise in town planning or architecture or landscape planning or urban history or related fields.

2.      The Council note the vacancy of the position held by Mr Brendan Connolly, being a resident of that part of the “District” south of Quayle Street, as of 1 January 2017.

3.      The Council note that upon the determination of the last of the validly received applications under the Battery Point Planning Scheme 1979, the Battery Point Advisory Committee will cease to exist.

 

Briscoe

Burnet                                  &n