Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 5

16/1/2017

City Planning Committee Meeting (Open Portion) held Monday, 16 January 2017 at 5.00 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Briscoe (Chairman)

Ruzicka

Burnet

Denison

APOLOGIES:

LEAVE OF ABSENCE:

ALDERMEN

Lord Mayor Hickey

Deputy Lord Mayor Christie

Zucco

Sexton

Cocker

Thomas

Reynolds

Harvey

1. Co-Option of a Committee Member in the event of a vacancy

2. Confirmation of Minutes

The minutes of the Open Portion of the City Planning Committee meeting held on Monday 12 December 2016,and a Special City Planning Committee meeting held on Monday 19 December 2016, are submitted for confirming as an accurate record.

3. Consideration of Supplementary Items

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

Recommendation

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.

4. 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 conflict 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.

5. Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

A committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

6. Planning Authority Items - Consideration of Items With Deputations

In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the General Manager is to arrange the agenda so that the planning authority items are sequential.

In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.

Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.

RECOMMENDATION

That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.

Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 53

16/1/2017

7.1.2 Salamanca Place, Battery Point - Road Works

PLN-16-1170 - FILE REF: F17/1469

Address: Salamanca Place, Battery Point

Proposal: Road Works

Expiry Date: 27 January 2017

Extension of Time: Not applicable

Author: Liz Wilson

REcommendation

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for Road Works at Salamanca Place, Battery Point for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN161170 Salamanca Place Battery Point TAS 7004 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2016/01659HCC dated 17 November 2016 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

HER s1

Any unexpected archaeological finds must be assessed by an historical archaeologist for significance and managed in accordance with the Tasmanian Heritage Council's Practice Note 2.

Reason for condition

To ensure archaeological material is identified and assessed within an area of archaeological sensitivity.

HER s2

Any excavations which exceed 500mm in depth in the orange area shown on page 34 of the Praxis Environment report must be monitored by an historical archaeologist, assessed for significance and managed in accordance with the Tasmanian Heritage Council's Practice Note 2.

Reason for condition

To ensure archaeological material is identified, assessed and managed within an area of archaeological sensitivity.

ADVICE

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

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

BUILDING PERMIT

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

PLUMBING PERMIT

Plumbing permit under the Tasmanian Plumbing Regulations 2014; http://www.hobartcity.com.au/Development/Plumbing

OCCUPATION OF THE PUBLIC HIGHWAY

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

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

Occupational licence for use of Hobart City Council highway reservation.

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

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

TEMPORARY PARKING PERMITS

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

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

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

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

Attachment a: PLN-16-1170 - SALAMANCA PLACE BATTERY POINT TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-16-1170 - SALAMANCA PLACE BATTERY POINT TAS 7004 - CPC Agenda Documents ⇩

Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 124

16/1/2017

REPORT TITLE: Hobart interim planning scheme 2015 - planning scheme amendment 7/2016 and s43A permit application - 4 lefroy street, north hobart - Consideration of representations

REPORT PROVIDED BY: Manager Planning Policy and Heritage

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to discuss the merits of a representation received during the public exhibition of Hobart Interim Planning Scheme 2015 amendment 7/2016 and associated S43A permit at 4 Lefroy Street, North Hobart (Attachment C).

1.2. The proposed amendment is to rezone the rear portion of the site from Light Industrial to Inner Residential (Attachment A), and the permit is for ‘partial demolition, alterations, change of use to (multiple dwelling) and four multiple dwellings’ (Attachment B).

1.3. Recommendations to the Tasmanian Planning Commission (TPC) regarding the need for any modifications to the amendment or S43A permit as a result of the representation received are considered.

1.4. The proposal benefits the community by ensuring that land is appropriately zoned, that development is undertaken in a fair and orderly manner, and that public consultation has been considered.

2. Report Summary

2.1. The purpose of the report is to consider a representation received in relation to the exhibition of a planning scheme amendment and concurrent S43A permit for a partial rezoning and multiple dwelling development.

2.2. The representation raised concerns relating to the public consultation process, the density of dwelling units and their impact on traffic and amenity, and construction and noise issues.

2.3. Each concern is responded to in detail, and it is concluded that changes to the amendment or permit are not considered justified in response to the representation.

2.4. It is proposed that Council recommend to the TPC that the planning scheme amendment and S43A permit are approved as certified.

3. Recommendation

That:

1. Pursuant to Section 39(2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council endorse this report as the formal statement of its opinion as to the merit of the representation received during the exhibition of the draft 7/2016 amendment and S43A permit.

2. Pursuant to Section 39 (2) of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that the 7/2016 Amendment to the Hobart Interim Planning Scheme 2015 and combined S43A permit be approved as certified.

4. Background

4.1. At its meeting of 24 October 2016, Council considered an application under the Land Use Planning and Approvals Act 1993 (LUPAA), from All Urban Planning on behalf of Young & Co property and owner Barbetrac Pty Ltd to amend the Hobart Interim Planning Scheme 2015 (HIPS 2015) by rezoning part of the property at 4 Lefroy Street from Light Industrial to Inner Residential.

4.2. Pursuant to S43A of the former provisions of LUPAA, the planning scheme amendment application was combined with a planning permit application for ‘partial demolition, alterations, change of use to (multiple dwelling) and four multiple dwellings’ (PLN-16-00670).

4.3. The planning permit was granted and the amendment certified, and both were placed on public exhibition on 3 November 2016. The exhibition period was for 28 days, ending on 1 December 2016.

4.4. The exhibition process resulted in one representation being received within the statutory period. A copy of the representation is provided in Attachment C.

5. Proposal and Implementation

5.1. The proposal is to consider a statutory representation made in relation to planning scheme amendment 7/2016 and S43A permit PLN-16-00670.

5.2. The representation raises the following concerns:

Public consultation

5.2.1. We would like to know why there was not public consultation about the proposed dwelling development. We do not recall any correspondence as adjoining dwelling owners. It has been a complete surprise that approval has been given and permit issued without input from the public;

Dwelling density

5.2.2. We believe that the number of proposed residential dwellings (5 in total) is far too dense, in particular the resultant pressure on traffic and parking. This end of Lefroy Street already experiences congested traffic conditions due to the pressures of restaurant / shopping access in North Hobart. This is in addition to the very well attended Church which is adjacent to the proposed development. We often experience a blocked driveway due to this ever increasing pressure;

5.2.3. We believe the dense nature of the proposed development will also impact on quality of life and living for all concerned. The increased ingress, egress and daily living activities of this development will impact adversely. Noise and space pressures must be a consideration in a development such as this;

Construction issues

5.2.4. If the development proceeds, we have major concerns about the impact on the structural integrity of our dwelling (until recently, heritage listed c1880 cottage). As our dwelling is next to the proposed site development and physically joined to the existing street front dwelling proposed for alterations, we wish to know what engineering considerations have been proposed to protect our dwelling’s structure through the construction phase. Due to the age of the dwelling – it will be prone to movement and damage should construction vibration be severe. Is there prior building integrity assessment planned for our dwelling? What recourse do we have should we identify signs of damage during the construction phase?

5.2.5. Finally, will there be noise restrictions during the construction phase limited to business hours? As an adjoining residence, the restriction of noise activity will assist quality of living next door to the build.

5.3. Detailed responses to the concerns raised are as follows:

Public consultation

5.3.1. As the planning permit was combined with an application for a planning scheme amendment under S43A of the former provisions of LUPAA, the process is different to the usual discretionary development application process.

5.3.2. Whether or not to approve the permit was decided by Council prior to the exhibition period for the proposal, but the S43A permit does not in fact take effect until finally determined by the TPC.

5.3.3. The exhibition period from 3 November to 1 December (which resulted in the representation) was for the purpose of inviting feedback on both parts of the proposal (the rezoning and the permit for multiple dwellings).

5.3.4. The purpose of this report is to consider the results of the public exhibition process, including any comments on the planning permit, and to recommend to the TPC whether any changes to the rezoning amendment or to the permit should be made in response to representations.

5.3.5. The exhibition of the amendment and S43A application was conducted in accordance with LUPAA requirements.

5.3.6. In making their final decision, the TPC will consider any representations and will likely conduct a hearing, which the representor will be invited to attend.

Dwelling density

5.3.7. The representor’s concerns regarding the density of development are relevant to both the planning scheme amendment and the specific development application.

5.3.8. The amendment to partially rezone the site facilitates a multiple dwelling development by applying a zone where such a development is encouraged, whereas the previous Light Industrial zoning prohibited all residential development (other than caretakers dwelling, home based business or extension to an existing dwelling).

5.3.9. It is considered appropriate that the site be zoned Inner Residential for the following reasons:

5.3.9.1. The previous split zoning of the lot was a result of historical land use but does not represent a good strategic outcome given the increased potential for land use conflict on the site;

5.3.9.2. Consolidating the subject site as a single zone provides the opportunity to more efficiently develop the site in an integrated manner;

5.3.9.3. The Inner Residential Zone encourages residential densification in appropriately sited areas. The site is well located for higher density residential development given its accessibility and proximity to services;

5.3.9.4. The rezoning supports the policies of the Southern Tasmania Regional Land Use Strategy (STRLUS) to increase dwelling density within close proximity of Integrated Transit Corridors (Elizabeth Street), and to use infill development as a significant means to achieve dwelling density targets.

5.3.10. It is accepted that increased density of residential development can introduce greater potential for amenity impacts. However, an increase in residential density is necessary to accommodate future population growth without encouraging urban sprawl.

5.3.11. The subject site is strongly supported as an example of a highly desirable site for concentration of residential growth under the STRLUS, as it will represent an infill development opportunity in a well-serviced and well-located area.

5.3.12. A proposal for a lower concentration of dwellings could in fact be seen to underutilise the site and result in inefficient development and a less desirable outcome in a strategic sense. The Inner Residential Zone contains a maximum as well as minimum density standard to specifically encourage efficient utilisation of land in the zone.

5.3.13. It is also relevant to note that the current Light Industrial zoning of the rear of the site allows for a number of uses which would be reasonably expected to have much greater impacts on the residential amenity of the adjoining residential site. Permitted uses include equipment and machinery sales and hire, manufacturing and processing and service industry, and discretionary uses include food services and vehicle fuel sales and service.

5.3.14. If it is accepted that the proposed zoning is appropriate for the site, the specific density of the multiple dwelling proposal must be assessed against the provisions of the Inner Residential Zone. The proposal meets the permitted density requirements of the zone which is a site area per dwelling of not less than 200m² and not more than 400m².

5.3.15. The proposal also meets the relevant standards for the Parking and Access Code, including that the development provides the required number of onsite car parking spaces.

5.3.16. The expected additional impact on Lefroy Street by the traffic generated from the proposed development is marginal, with the submitted Traffic Impact Assessment suggesting that it will contribute to less than a 1% increase in the daily vehicle movements. That figure is also not taking into account the existing potential traffic generated by the child care office use which exceeds that of the proposed use.

5.3.17. Any noise issues generated from the residential use will be controlled under the Environmental and Pollution Control Act 1994 (EMPCA).

Construction issues

5.3.18. Issues relating to the construction phase are not planning considerations.

5.3.19. The effect of construction works on adjacent properties are covered under the Building Act 2016 and if ultimately damage does occur then recompense for such damage is a civil matter. The representor should be advised to seek legal advice if desired, and consider keeping a photographic record of the current condition of their dwelling.

5.3.20. Noise issues are dealt with by the Environmental Management and Pollution Control (Noise) Regulations 2016, which specifies hours of operation for machinery in residential areas. The operation of most machinery in a residential setting is restricted to before 6pm, and after 7, 9 or 10 am depending on the day.

5.4. As evidenced by the responses above, it is considered that the rezoning proposal is a positive planning outcome, and that the specific development application meets the provisions of the scheme.

5.5. As such, it is considered that the issues raised in the representation do not justify rejection or modification of the amendment and it is recommended that Council recommend to the TPC that the 7/2016 amendment and associated S43A permit are approved as certified.

6. Strategic Planning and Policy Considerations

6.1. The proposal is consistent with the objectives of the Capital City Strategic Plan 2015-2025 in regard to Strategic Objective 2.3 – ‘City and regional planning ensures quality design, meets community needs and maintains residential amenity’.

7. Financial Implications

7.1. The proposal should not result in any additional significant Council expenditure.

8. Legal, Risk and Legislative Considerations

8.1. The proposed planning scheme amendment, including the reporting process on representations which is the subject of this report, will be subject to the usual amendment process under LUPAA.

9. Community and Stakeholder Engagement

9.1. This report considers the results of a 28 day public consultation process. The single representation would indicate a low level of community concern about the proposed amendment and permit. This report gives Council the opportunity to recommend to the TPC modifications or refusal of the permit or amendment in response to community feedback.

10. Delegation

10.1. Delegation rests with the Council.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

James McIlhenny Signature

James McIlhenny

Manager Planning Policy and Heritage

Date: 9 January 2017

File Reference: F16/135470

Attachment a: Attachment A - Amendment Document ⇩

Attachment b: Attachment B - S43A Planning Permit ⇩

Attachment c: Attachment C - Representation ⇩

Item No. 7.2.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 143

16/1/2017

7.2.2 362 Liverpool Street, West Hobart Adjacent Road Reserve - dwelling

pln-16-1123 - FILE REF: F17/1159

Address: 362 Liverpool Street, West Hobart Adjacent
Road Reserve

Proposal: Dwelling

Expiry Date: 26 January 2017

Extension of Time: Not applicable

Author: Deanne Lang

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a dwelling at 362 Liverpool Street and adjacent Road Reservation, West Hobart for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN161123 362 Liverpool Street West Hobart TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2016/01586HCC dated 28 October 2016 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 1

Prior to first occupation, screening with no more than 25% transparency must be installed and maintained along the eastern edges of the lower and upper level decks (adjacent to the side boundary with 360 Liverpool Street) to a height of 1.7m above the finished floor level of each deck.

Reason for condition

To provide reasonable opportunity for privacy for dwellings.

ENG sw4

The new stormwater connection must be constructed by Council at the owner's expense and any proposed abandoned stormwater connections sealed by Council at the owner’s expense, prior to first occupation.

Detailed engineering design drawings must be submitted and approved by Council, prior to commencement of work. The design drawings must:

1. Include the location of the proposed stormwater connection;

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

3. Include the material of the proposed stormwater connection;

4. Identify the interface between Council and private stormwater infrastructure; and

5. Show the location of Taswater Water Mains and the clearance between stormwater connection and water mains.

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

Advice:

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

Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Unit to initiate an application for service connection.

Reason for condition

To ensure the site is drained adequately.

ENG 2

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

A certified vehicle crash barrier design, prepared by a suitably qualified Engineer, to satisfy the above requirements, must be submitted and approved by Council prior to the issuing of any permit under the Building Act 2000. All works, required by this condition must be undertaken in accordance with certified design.

Prior to the issuing of any Completion Certificate under the Building Act 2000, barriers must be inspected by a qualified engineer and a certification submitted to the Council, confirming that the installed barriers comply with the above requirement.

Advice:

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

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

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

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

Reason for condition

To ensure 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 14

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

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

The driveway access design must:

· Be prepared and certified by a suitably qualified engineer that the design is in accordance with the Australian Standard AS/NZS 2890.1:2004 (including the requirement for retaining walls, and vehicular safety barriers), or that the design provides for a safe and efficient access.

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

· Detail how the driveway access will transition into the road pavement Demonstrate that a B85 vehicle (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

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

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

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

Reason for condition

To ensure that 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 r1

The excavation, retaining walls and construction of the driveway and steps within the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings and structural certificates of the retaining walls for the driveway and details of the construction of the steps within Liverpool Street highway reservation must be submitted and approved, prior to the commencement of work and must:

· Be prepared and certified by a suitable qualified person and experienced engineer;

· Not undermine the stability of the highway reservation;

· Take into account and reference accordingly any Geotechnical findings;

· Detail the design and location of the steps in accordance with TSDR34v1; and

· The structure certificated should note accordingly the above.

All work required by this condition must be undertaken in accordance with the approved select design drawing and structural certificates.

Advice: Once the design 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 stability and integrity of the Council’s highway reservation is not compromised by the development.

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 be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008).

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

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

Reason for condition

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

OPS s1

The applicant must bear all costs associated with the removal and replacement of the tree located in the road reserve marked for removal on Plan A0000.

Advice:

The removal and replacement of the tree will facilitated by Council's Program Leader Arboriculture and Nursery. Contact the Parks and City Amenity Division on (03) 6238 2886 prior to commencement of development works. The TasNetworks power lines located in close proximity to the tree will need to be disconnected during the works to remove the tree. There is a minimum 12 week waiting period with TasNetworks for line disconnections .The applicant will be issued with an invoice at the completion of works.

Reason for condition

To clarify the scope of the permit.

ADVICE

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 here.

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

An occupational licence for the use of the Hobart City Council highway reservation as detailed in the development proposal plan for the steps within the Liverpool Street highway reservation, in accordance with conditions established by the Council is required. The occupation licence must be obtained and maintained for occupancy of the area of highway reservation as detailed in the development plans.

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

Permit to Open Up and Temporarily Occupy a Highway (for work in the highway reservation)

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

WORK WITHIN THE HIGHWAY RESERVATION

Work within the Highway Reservation please note development must be in accordance with the Hobart City Council’s Highways By law and Acts

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

STORM WATER / ROADS / ACCESS

Infrastructure to be designed and constructed in accordance with the (IPWEA) LGAT– Tasmanian Standard Drawings. (TSD)
http://www.hobartcity.com.au/Development/Engineering_Standards_and_Guidelines

FEES AND CHARGES

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

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 Hobart City Council's City Planning Division on 62382715 for assistance.

Attachment a: PLN-16-1123 - 362 LIVERPOOL STREET WEST HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-16-1123 - 362 LIVERPOOL STREET WEST HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-16-1123 - 362 LIVERPOOL STREET WEST HOBART TAS 7000 - CPC Supporting Documents (Supporting information) ⇨

Item No. 7.2.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 185

16/1/2017

7.2.3 1 Carriage Drive, Hobart - Partial Demolition, Alterations and Extensions

PLN-16-1229 - FILE REF: F17/1513

Address: 1 Carriage Drive, Hobart

Proposal: Partial Demolition, Alterations and Extensions

Expiry Date: 20 February 2017

Extension of Time: Not applicable

Author: Deanne Lang

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extensions at 1 Carriage Drive, Hobart for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN161229 1 Carriage Drive Hobart TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 1

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

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

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

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.

WASTE DISPOSAL

Click here for information regarding waste disposal.

FEES AND CHARGES

Click here for information on the Council's fees and charges.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

ELECTRONIC ACCESS

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

Hobart City Council's City Planning Division on 62382715 for assistance.

Attachment a: PLN-16-1229 - 1 CARRIAGE DRIVE HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-16-1229 - 1 CARRIAGE DRIVE HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-16-1229 - 1 CARRIAGE DRIVE HOBART TAS 7000 - CPC Supporting Documents (Supporting information) ⇨

Item No. 9.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 226

16/1/2017

Memorandum: Lord Mayor

Deputy Lord Mayor

Aldermen

Response to Question Without Notice

Notification of Affected Parties regarding Development Application - 337 Churchill Avenue, Sandy Bay

Meeting: City Planning Committee

Meeting date: 14 November 2016

Raised by: Alderman Burnet

Question:

The development application 337 Churchill Avenue is adjacent to the Lipscombe Rivulet. Consequently residents of Plaister Court - immediately across the rivulet - were not notified, as they weren't directly adjoining the property. These residents, whilst not directly adjacent to the development, are likely to be most affected by the development, and therefore it could be argued that they should have been notified.

Is there any way to strengthen the level of notification of parties likely to be affected who are so close to a development such as the above example, in relation to any development that occurs in Hobart under the Sullivans Cove Planning Scheme 1997, and the Hobart Interim Planning Scheme 2015, and into the future?

Response:

The Council has an obligation to notify discretionary planning applications in accordance with section 9 of the Land use Planning and Approvals Regulations which sets out as follows the form of the notification.

(a) advertised in a daily newspaper circulating generally in the area relevant to the application; and

(b) displayed at the planning authority's office; and

(c) given to the owners and occupiers of all properties adjoining the land that is the subject of the application; and

(d) displayed on the land that is the subject of the application –

(i) in a size not less than A4; and

(ii) as near as possible to each public boundary.

Council as a matter of practice exceeds these minimum standards by including all advertised applications on its web site and displays a notice on each public boundary of A3 size. Further exceeding the notification requirements as outlined above is a policy matter for the Council and while a worthy intent a number of points need to be considered before amending the current practice.

Firstly, notwithstanding that the residents in Plaister Court were not directly notified, it did not stop residents from being made aware of the planning application and the fact that it was on public advertising. In fact the notification of this development over two separate occasions resulted in 8 representations from owner/occupiers of Plaister Court properties.

Secondly if Council were to expand its direct notification beyond the statutory requirements on what criteria do we extend it? Is it the scale of the development being proposed and or within a certain distance and what scale and distance should be adopted? Alternatively is it left to the Council officers to make a judgement on widening the direct notification of planning applications? Either approach would be arbitrary and based on the experience of 377 Churchill Avenue not likely to elicit additional areas of concerns that could be considered under the planning scheme.

Finally any expansion on direct notification would also come at a financial cost through direct postage and administrative handling costs.

Neil Noye

Director City Planning

Date: 5 January 2017

File Reference: F17/507; 13-1-10

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