Agenda of City Planning Committee Meeting

Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 9

30/1/2017

7.1 Applications under the Sullivans Cove Planning Scheme 1997

7.1.1 50 Macquarie Street, Hobart - Lighting

PLN-16-1105 - FILE REF: F17/5588

Address: 50 Macquarie Street, Hobart

Proposal: Lighting

Expiry Date: 16 February 2017

Extension of Time: Not applicable

Author: Cameron Sherriff

REcommendation

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for Lighting at 50 Macquarie Street, 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 PLN161105 50 Macquarie Street, Hobart TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, Works Application No. 5168 dated 23 December 2016, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

HER 6

All onsite excavation and disturbance must be monitored. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

1. All excavation and/or disturbance must stop immediately; and

2. A qualified archaeologist must be engaged to attend the site and provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

3. All and any recommendations made by the archaeologist engaged in accordance with (2) above must be complied with in full; and

4. All features and/or deposits discovered must be reported to the Council within 1 day of the discovery; and

5. A copy of the archaeologists advice, assessment and recommendations obtained in accordance with paragraph (b) above must be provided to Council within 90 days of receipt of the advice, assessment and recommendations.

6. Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

Reason for condition

To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence.

HER 3

All fittings and enclosures must be affixed to masonry by a qualified stonemason, using nonferrous fixings.

Reason for condition

To ensure the size, design and siting of new lighting complements and does not impact on the cultural heritage significance of select relevant places or precincts, listed in the Historic Heritage code.

HER 4

The light units and shielding sign must be set back at least 75mm from the edge of the stone string course. Amended drawings showing the location shall be submitted prior to commencement of work.

Reason for condition

To ensure the size, design and siting of lights complements and does not impact on the cultural heritage significance of a listed place.

HER 17

The final selection of material and colour must reflect the existing masonry. Plans must be submitted and approved prior to the commencement of work.

The plans must show the material and colour of fittings 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 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.

HER s2

The proposed roofmounted lights are not approved.

Prior to the commencement of work amended plans showing deletion of the roofmounted lights must be submitted and approved.

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

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

Reason for condition

To protect the heritage values 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 the Council's website 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 2016. Click here for more information.

Attachment a: PLN-16-1105 - 50 MACQUARIE STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-16-1105 50 MACQUARIE STREET HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-16-1105 50 MACQUARIE STREET HOBART TAS 7000 - CPC Supporting Documents (THC Notice of Heritage Decision) (Supporting information)

Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 46

30/1/2017

REPORT TITLE: Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment 6/2016 and S43A permit application - 191 & 199 New Town Road, New Town - Consideration of Representations

REPORT PROVIDED BY: Manager Planning Policy and Heritage

Director City Planning

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to discuss the merits of two representations received during the public exhibition of Hobart Interim Planning Scheme 2015 amendment 6/2016 and associated S43A permit at 191 & 199 New Town Road, New Town (Attachment C).

1.2. The proposed amendment is to rezone the title at 199 New Town Road from Inner Residential to Urban Mixed Use (Attachment A), and the permit is for ‘partial demolition, new building for hotel industry (bottle shop), signage, alterations and extensions to carparking and access and consolidation of titles’ (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 representations 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 two representations received in relation to the exhibition of a planning scheme amendment and concurrent S43A permit for rezoning and a bottle shop development.

2.2. The representations raised concerns relating to the rezoning itself, the physical development associated with the bottle shop, noise and hours of operation issues and traffic and access issues.

2.3. Each concern is responded to in detail, and it is concluded that while no changes to the rezoning are considered justified, amendments to the S43A permit to address some of the concerns of representors would result in an improved outcome.

2.4. It is proposed that Council recommend to the TPC that the planning scheme amendment is approved as certified, and that the S43A permit be amended to include one additional condition and two additional advice clauses.

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 representations received during the exhibition of the draft 6/2016 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 6/2016 Amendment to the Hobart Interim Planning Scheme 2015 be approved as certified.

3. Pursuant to Section 39(2) of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that the S43A permit (PLN-16-00655-01) be amended by including the following condition and advice:

Condition

PLNs1

Noise generated by the operation of the bottle shop, use of the delivery bay and lockable trolley cages must not cause environmental harm when measured at the north-eastern boundary of the site.

Measures to reduce the potential for noise emanating from the delivery bay and trolley cage area at the north-eastern corner of the site towards adjacent properties to the north/north-east must be incorporated into the overall development. Such measures may incorporate acoustic screens or similar to achieve a reduced noise impact, particularly for deliveries occurring during the evening or early morning.

Design drawings and/or details of the chosen method of reducing noise impact, supported by evidence from a suitably qualified person, must be submitted and approved prior to the issue of building consent for the development, with all works required to be implemented prior to the first use of the new development.

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

Advice: Once the 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 noise emissions do not cause environmental harm and do not have an unreasonable impact on residential amenity.

Advice

AMENITY IMPACT

Noise, dust, odour or other pollutants emitted from any activities associated with the development 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.

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. If the proposed development requires alteration in order to meet this requirement, any such change should be discussed and if necessary approved by Council prior to the submission of any plans for building consent.

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.

4. Background

4.1. At its meeting of 7 November 2016, Council considered an application under the Land Use Planning and Approvals Act 1993 (LUPAA), from Pitt & Sherry on behalf of Findella Pty Ltd/Mantzis Holdings Pty Ltd, to amend the Hobart Interim Planning Scheme 2015 (HIPS 2015) by rezoning the property at 199 New Town Road from Inner Residential to Urban Mixed Use.

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, new building for hotel industry (bottle shop), signage, alterations and extensions to carparking and access and consolidation of titles’ (PLN-16-00655).

4.3. The planning permit was granted and the amendment certified, and both were placed on public exhibition on 17 November 2016 until 15 December 2016.

4.4. The exhibition process resulted in two representations being received within the statutory period. Copies of the representations are provided in Attachment C.

5. Proposal and Implementation

5.1. The proposal is to consider two statutory representations made in relation to planning scheme amendment 6/2016 and S43A permit PLN-16-00655).

5.2. The concerns raised in the representations can be summarised into four categories as follows:

Rezoning

5.2.1. The rezoning of 191 and 199 New Town Road expands the commercial footprint of the area by approximately 28%;

5.2.2. The expansion of the commercial element is contrary to the Inner Residential Zone Purpose Statements;

5.2.3. The rezoning of 199 New Town Road to Urban Mixed Use would adversely affect the amenity of the area;

5.2.4. The rezoning provides additional uses, less restrictive use standards for commercial uses and reduced consideration of residential scale and amenity through the development standards;

5.2.5. The purposes of the existing Inner Residential Zone are largely related to encouraging residential use and restricting commercial uses whereas the proposed zone, while providing for a mixture of uses, is focussed on commercial development;

5.2.6. The Inner Residential Zone only provides for commercial uses where they do not displace residential uses, whereas the Urban Mixed Use Zone provides permitted status for uses such as ‘Business and professional services’ and ‘Food services’ and discretionary status to a wide range of other non-residential uses;

5.2.7. While the proposed rezoning does not introduce a new zone into the area it will increase the number of residential properties that share a boundary with the commercial site;

5.2.8. Given all three titles are in common ownership, the increase in area of the Urban Mixed Use Zone provides for a scale of development which would not have been possible without the additional land being rezoned;

5.2.9. Although the current proposal for the rezoned area of land (199 New Town Road) is only for car parking, signage and landscaping, there is no limitation proposed in the amendment which prevents alternate proposals once the land is rezoned;

5.2.10. The scale of the site and the rezoned area encourages a scale of development which is contrary to the zone statements in the UMUZ to ‘encourage the retention of existing residential uses and the greater use of underutilised sites as well as the reuse and adaptation of existing buildings for uses with a scale appropriate to the site and area’.

Bottle shop development

5.2.11. The development of a large bottle shop building and associated facilities near a boundary will affect the amenity of both the residential and professional aspects of neighbouring properties;

5.2.12. The development does not demonstrate integration or harmony with surrounding buildings;

5.2.13. The substantial development on the boundary does not adequately demonstrate integration with neighbouring residential uses in accordance with the purpose of the zone to ‘provide for integration of residential, retail, community services and commercial activities in urban locations’;

5.2.14. The proposed development substantially expands the intensification of the ‘Hotel Industry’ to a proportion that is not consistent with the zone or with the surrounding areas;

5.2.15. The claim that the building is more than 10m from a residential zone is untrue, and therefore the development does not meet the acceptable solution for building height within 10m of a residential zone, and also does not meet the performance criteria requiring development to be compatible with the height of existing buildings and reduce visual impact when viewed from adjoining lots;

5.2.16. The adjoining residential dwelling at 8/12 Risdon Road is located within the Urban Mixed Use Zone, however a significant part of the property is within the Inner Residential zone and therefore the property is still considered to be a residential property in a residential zone;

The large wall proposed very close to the shared boundary with this dwelling is of substantial height given its minimal setback in close proximity to an existing dwelling. The area of the dwelling most affected is a habitable living room with 3 highlight windows providing afternoon sunlight and mountain views across the development site;

5.2.17. The token narrow strip of lawn dividing the development from the closest boundary will be an area that will be difficult to maintain. If unable to be maintained, this would impact on neighbouring residential amenity;

5.2.18. Should the ‘bizarrely out-of-proportion development’ be allowed to proceed, the warehouse/bottle shop and associated facilities should be located as far from the boundaries of adjacent properties as possible to demonstrate natural justice towards ratepayers who have for many years ‘striven to enhance the residential amenity, rather than to destroy it’;

5.2.19. There has been no consideration of the impact on adjacent properties and Council should reject the proposal.

Noise and hours of operation

5.2.20. The loading bay and lockable trolley cage are in close proximity to the neighbouring dwelling where noise and other impacts have the potential to substantially impact on amenity;

5.2.21. While the proposed development claims it meets the noise emissions acceptable solution as the operation is not noisy and delivery trucks will operate within the permitted standard, there was not a noise report which details potential noise from the site;

5.2.22. Given commercial vehicles can start from 7am and the hours of operation hours until 10pm will presumably include use of the trolley cage, it appears unlikely the noise provision will be met, particularly outside daytime hours where the potential impact on residential amenity is greater;

5.2.23. The layout of the development, particularly the location of the potentially impacting elements, have not adequately considered or addressed the noise standard.

Traffic and access

5.2.24. 19m semi-trailer trucks operating outside of normal operating hours, including performing reversing manoeuvres across all lanes of Risdon Road, will impact on residential amenity;

5.2.25. It appears the application includes car parking and retaining wall structures that encroach on a right-of-way benefiting 8/12 Risdon Road.

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

Rezoning

5.3.1. The rezoning does extend the area of land within the Urban Mixed Use Zone (UMUZ), which allows for a greater range of uses than the Inner Residential Zone (IRZ).

5.3.2. However, given the site constraints of the parcel to be rezoned (the high voltage transition tower and wayleave easement over the majority of the site), the actual development potential of this area is very limited, even under the UMUZ.

5.3.3. Very little built development could occur on the rezoned area of land. The rezoning essentially accommodates only car parking and access related to the development of the adjacent land in common ownership, which is already in the UMUZ. Without the rezoning, carparking and access for a commercial use would be prohibited on 199 New Town Road and would have to be contained within 191 New Town Road.

5.3.4. It is considered that allowing for the consolidation of access and parking over the rezoned area allows for improved access outcomes for an existing commercial site, which is a reasonable outcome. This is particularly the case given the current Inner Residential zoning of 199 New Town Road effectively sterilises the site of development potential.

5.3.5. It is accepted that the rezoning does increase the ability for the site to be utilised, and this has more potential to affect amenity compared to a vacant site. It is reasonable, however, to allow for a well-located parcel of land that is currently unusable to be utilised in some form.

5.3.6. One representation raises concerns that the expansion of the ‘commercial footprint’ of the area ‘runs contra to the existing uses’ as outlined by the IRZ purpose statement 11.1.1.6, which limits displacement of existing residential uses and considers amenity.

Given the proposal is to rezone the site to the UMUZ, however, the IRZ purpose statements are not a relevant consideration.

5.3.7. Concerns are also raised that the IRZ largely relates to encouraging residential use and restricting commercial uses, whereas the Urban Mixed Use Zone focuses on commercial development.

This is not considered to be the case, as the Zone Purpose Statements of the UMUZ include encouraging the retention of existing residential uses and maintaining an appropriate level of residential amenity (without unreasonable restriction or restraint to commercial activities). The zone is considered to have a true ‘mixed use’ focus, although this does mean it is less residentially focussed than the IRZ.

5.3.8. It is accepted that the UMUZ provides for additional uses and more relaxed use and development standards compared to the IRZ. However, given the proximity of the rezoned site to existing Urban Mixed Use land and the significant restrictions on the site for any built development, this is not seen to be an unreasonable outcome for neighbouring properties.

5.3.9. Concerns are raised that while the rezoning does not introduce a new zone to the area, it will increase the number of residential properties that share a boundary with the zone, and that given all three titles are in common ownership the increase in the UMUZ area provides for a scale of development that would otherwise not be possible without the rezoning.

The rezoning does increase the number of residential titles that share a boundary with the UMUZ. However, the UMUZ contains provisions specifically relating to building height, setbacks and landscaping in close proximity to residential zones. In addition, the wayleave easement will continue to preclude built development on 199 New Town Road in any instance, which will provide an open space ‘buffer’ between residential properties to the north-west and new buildings within the UMUZ.

5.3.10. The presence of the easement also disputes the claim by one representor that that although the current proposal for the rezoned area is for car parking, signage and landscaping, there is ‘no limitation proposed in the amendment which prevents alternate proposals once the land is rezoned’, and that the scale of the site encourages a scale of development inappropriate to the site and area.

In practical terms, due to the existing site constraints of 199 New Town Road, there are very few alternative uses for the site other than what is proposed in the S43A development application.

5.3.11. Without the rezoning component, the development could still have been submitted in a very similar form, but with reduced car parking and less efficient access, which could in fact have resulted in greater amenity impacts to neighbouring properties.

5.3.12. Overall, it is not considered that the rezoning of 199 New Town Road itself introduces the opportunity for an unreasonable increase in amenity impacts on neighbouring properties.

Bottle shop development

5.3.13. The current proposal has been assessed as acceptable in terms of setbacks from adjoining properties and in terms of impact upon residential amenity, the protection of which is limited given applicable development standards and the immediately adjacent zones and uses. The proposal is consistent with the purpose of the Urban Mixed Use Zone given the existing character and mix of uses in the surrounding area.

5.3.14. As proposed, the development demonstrates compliance with Zone standards for setbacks and height where abutting adjoining properties, some of which are within residential zones. A setback discretion occurs in terms of the development’s distance from front boundaries on New Town and Risdon Roads. As the site of the proposed building exhibits some cross-slope and is lower than the surrounding street levels and in parts lower than adjacent properties, the overall scale of the proposed building in terms of height would be reduced relative to existing buildings on adjacent properties.

5.3.15. Whilst there is no doubt that the proposed building is located within 10m of a residential zone, the scheme simply limits the height of buildings within 10m of a residential zone. The proposed building demonstrates compliance with the acceptable height limit of 8.5m where within 10m of a residential zone, and as such is not subject to assessment against the corresponding performance criteria.

5.3.16. The adjacent dwelling on the 8/12 Risdon Road strata lot is a residential use within the Urban Mixed Use Zoned portion of 12 Risdon Road. The remainder of 12 Risdon Road is zoned Inner Residential, however no part 12 Risdon Road within the Inner Residential Zone abuts the subject site. As such development standards applicable to adjacent residential zones do not apply to 8/12 Risdon Road. There are no relevant standards controlling setbacks to another property within the same zone.

5.3.17. The maintenance of any landscaping around the site as well as the associated car park would be the responsibility of the landowner.

5.3.18. Any relocation of the proposed building on the site would warrant a new planning application.

Noise and hours of operation

5.3.19. The proposal incorporates a new Hotel Industry use upon a site with a long history of commercial use within a defined commercial hub. There are minimal adjacent residential properties and in an overall sense, residential amenity in the area would to some extent be already secondary to the operation of existing commercial uses. As an example, the existing Kmart opposite on Risdon Road has a 24 hour operation. The Maypole hotel on the same site would reasonably operate to at least the hours proposed for the operation of the bottle shop.

5.3.20. The proposed development essentially backs onto adjoining properties given the corner nature of the subject site and the positioning of the existing Maypole Hotel and carpark. Although introducing what is likely to become a busier operation to the site, the positioning of the new building would act to provide a shield to the closest residential properties. The proposed use is not considered a particularly noisy one. In this case the main noise of the operation of the site would be focused towards the middle of the subject site and would mostly be linked to vehicle movements, which outside of normal business hours would likely be reduced.

5.3.21. Opening until 10pm seven days per week is not atypical of other bottle shops throughout the state.

5.3.22. The proposal originally stated that the acceptable noise limit standards for non-residential use in the Urban Mixed Use Zone would be met by the development, particularly with regard to commercial vehicle movements which would be limited to the specified acceptable times.

Nevertheless as a result of the assessment of traffic movements through the site by large delivery vehicles by the Council’s Manager Traffic Engineering, a condition was included that requires delivery vehicles greater than 12.5m in length to make deliveries outside of operating hours between closing time each day and 7.30am the following morning. This requirement was included to address conflicts between large trucks passing through the site impacting on potentially occupied parking spaces during operating hours, and to ensure that impacts on traffic flows on Risdon Road were limited to less busy periods. Larger vehicles were shown in vehicle movement information to need to encroach out onto the roadway whilst manoeuvring into the loading bay of the proposed building.

Complying with this condition means that the development could not fully meet the relevant acceptable solutions as originally claimed.

5.3.23. It should be noted however that the submitted Traffic Impact Assessment states that during normal trading periods 12.5m fixed axle trucks will be used for all deliveries, so the abovementioned condition does not restrict their use during normal trading hours.

Given deliveries by such vehicles will be the most regularly occurring, it is expected the majority of deliveries to the site will occur during or either side of normal operating hours, and the application’s statement that the proposal will comply with the scheme requirements for noise and commercial vehicle movements is therefore for the most part likely to be accurate. The submitted TIA also states that 19m semi-trailers would only be used during peak periods only (i.e Christmas, sporting finals etc.) and would not be at the site on normal day to day operations. As such, potential amenity and traffic impacts caused by larger delivery vehicles would be minimised.

5.3.24. The delivery bay, and also the trolley cage for the proposed development are located clear of any adjacent residential use, closer to Risdon Road along the north-eastern side boundary of the site, where there is also a landscaped grass area atop a retaining wall.

5.3.25. The ground level inside the development site, particularly where closest to the delivery bay door would be lower than the properties immediately adjacent to the north-east. Given the confined area proposed for deliveries in one corner of the site close to Risdon Road, and not immediately adjacent to any residential dwelling, it is not expected that noise produced by out of hours deliveries would unreasonably impact any existing residential amenity in the area.

Nevertheless, given the proposal to include retained grassed areas between the delivery area and the north-eastern property boundary, there is additional scope to include noise reducing structures or even screen planting if deemed necessary and effective.

Taking all of the above into account, and in order to reduce the potential for noise impacts towards adjacent properties and assist in reducing the concerns of representors, it is recommended that a condition be placed on the permit to require an acoustic screen or similar to be installed between the loading bay of the proposed building and the adjacent lockable trolley cage and the north-eastern side boundary of the subject site, in the area detailed for landscaping with low maintenance grass.

The screen would need to be demonstrated to assist in reducing the extent of noise emanating from the loading bay and trolley cage area, with final details to be submitted to the Council’s satisfaction prior to the issue of building consent for the development. The screens would need to be installed prior to the first use of the building.

The following condition is considered appropriate:

Noise generated by the operation of the bottle shop, use of the delivery bay and lockable trolley cages must not cause environmental harm when measured at the north-eastern boundary of the site.

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

Advice: Once the 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 noise emissions do not cause environmental harm and do not have an unreasonable impact on residential amenity.

5.3.26. Additional general advice should also be added on the permit regarding noise impact:

Traffic and access

5.3.27. As mentioned previously, the use of 19m semi-trailer trucks for deliveries to the site would not be a regular occurrence. The impact of the use of such delivery vehicles upon the surrounding road network and traffic flows has been considered in detail by the Council’s Manager Traffic Engineering. A condition has previously been included which limits the time of day such delivery vehicles can visit the site in order to reduce the potential for disruption of traffic flows and the operation of the site. With this condition, and others suggested above to manage noise impacts, overall amenity impacts should not be unreasonable.

5.3.28. The proposed carparking under the wayleave easement across 199 New Town Road does appear to encroach part-way into an existing 3.0m wide private right-of-way from New Town Road benefitting the adjacent property at 8/12 Risdon Road. This was not previously identified in the assessment of the proposal.

Ideally a matter such as this could have been addressed prior to the advertising and determining of an application, however the standard approach is to apply advice to any permit granted to highlight the responsibilities of landowners with regard to right-of-ways. Access over such a right-of-way cannot legally be prevented by the owner of the land. Ultimately it is a matter for the landowner to address.

It may be that adjustments to the parking arrangement will need to be made in order to preserve this right-of-way. Given the proposal is well in excess of required parking numbers some loss of parking through parking layout adjustment could be absorbed into any approval granted for the development. The acceptability of any such change will be at the discretion of Council.

5.3.29. The following advice should be added to the previously compiled and endorsed permit:

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.

5.4. Given the reasons stated above, it is not considered that the concerns raised in the two representations received are sufficient to warrant changes to the amendment component of the proposal. In terms of the S43A permit component, it is recommended that one additional condition be added to the permit relating to acoustic screening on the north-eastern boundary, and two advice clauses be added relating to environmental nuisance and not impeding the right of way over 199 New Town Road.

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. Environmental Considerations

9.1. There are no additional environmental considerations relating to this report.

10. Social and Customer Considerations

10.1. The proposal is not considered to have any negative impact on social inclusion.

11. Marketing and Media

11.1. There are no marketing or branding implications of this proposal.

12. Community and Stakeholder Engagement

12.1. This report considers the results of a 28 day public consultation process. The two representations would indicate a reasonably 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.

13. Delegation

13.1. 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

Neil Noye Signature

Neil Noye

Director City Planning

Date: 25 January 2017

File Reference: F16/140711

Attachment a: Attachment A - Amendment Document ⇩

Attachment b: Attachment B - S43A Permit ⇩

Attachment c: Attachment C - Representations ⇩

Item No. 7.2.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 87

30/1/2017

7.2.2 1 Knopwood Street (also known as 40-44 Montpelier Retreat), Battery Point - Alterations and Extension for New Basement Swimming Pool

PLN-16-1241 - FILE REF: F17/4580

Address: 1 Knopwood Street (Also known as 40-44 Montpelier Retreat, Battery Point

Proposal: Alterations and Extension for New Basement Swimming Pool

Expiry Date: 27 February 2017

Extension of Time: Not applicable

Author: Ian Stanley

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations and extension for new basement swimming pool at 1 Knopwood Street (also known as 4044 Montpelier Retreat), 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 PLN161241 1 KNOPWOOD STREET (ALSO KNOWN AS 4044 MONTPELIER RETREAT) 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 2016/01859HCC dated 12/12/2016 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

This permit is subject to and conditional upon substantial commencement of the development approved by planning permit PLN150097101.

Reason for condition

To clarify the scope of the permit.

ENG 1

The cost of repair of any damage to the Council infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.

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

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

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 1

The development works must be undertaken in accordance with the report "Construction Environmental Management Plan" by GES GeoEnvironmental Solutions dated July 2015.

Reason for condition

To ensure that the risk to workers conducting excavation remains low and acceptable.

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

Attachment a: PLN-16-1241 - 1 KNOPWOOD STREET (also known as 40-44 Montpelier Retreat) - Planning Committee or Delegated Report ⇩

Attachment b: PLN-16-1241 - 1 Knopwood Street (also known as 40-44 Montpelier Retreat) - CPC Agenda documents ⇩

Item No. 7.2.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 131

30/1/2017

7.2.3 54 King Street, Sandy Bay - Partial Demolition, Alterations, Extension, Partial Change of Use to Shop, and Signage

PLN-16-1235 - FILE REF: F17/6886

Address: 54 King Street, Sandy Bay

Proposal: Partial Demolition, Alterations, Extension, Partial Change of Use to Shop, and Signage

Expiry Date: 3 March 2017

Extension of Time: Not applicable

Author: Michelle Foale

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, extension, partial change of use to shop, and signage at 54 King Street, Sandy Bay 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 PLN161235 54 King Street, Sandy Bay, TAS 7005 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 2016/01917HCC dated 22 December 2016 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 10

The ground based panel sign (shown as sign D on the submitted plans) must not be flashing or intermittently illuminated.

Reason for condition

To clarity the scope of the permit.

PLN 14

Commercial vehicle movements, including deliveries to the site and removal of garbage, must be limited to within the hours of:

a) 6.00 am to 10.00 pm Mondays to Saturdays inclusive;

b) 7.00 am to 9.00 pm Sundays and public holidays

Reason for the condition

To ensure that commercial vehicle movements do not have unreasonable impact on residential amenity on land within the nearby inner residential zone.

PLN 3

Adequate storage space for rubbish for both the restaurant and shop uses must be provided on the lot either within the building or externally, appropriately screened from public view.

Drawings must be submitted and approved, prior to the commencement of works. The drawings must show the size and location of the storage area and, if external to the building show details of the screening including materials and height 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 the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

To ensure that the rubbish bins do not impact on the amenity of the locality, and to ensure compliance with the outdoor storage standards in the Hobart Interim Planning Scheme 2015.

PLN s2

Walls of the building facing the inner residential zone (ie. the western facade) must be coloured using colours with a light reflectance value not greater than 40 percent, prior to the commencement of use.

Plans submitted for building approval must specify the light reflectance value of the western facade in accordance with this requirement.

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

Advice: Once the plan 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 building design contributes positively to the streetscape, the amenity and safety of the public and adjoining land in a residential zone.

ENG 7

At least one dedicated bicycle parking space (Class 3 facilities to which the bicycle frame and wheels can be locked) is required on the site for the general retail and hire (shop) use. The facility must be publicly accessible at the front of the lot and clearly labelled for customer use prior to the commencement of the use. (Reference: AS2890.31993 Parking facilities Part 3: Bicycle parking facilities in compliance with section 2 “Design of Parking Facilities” and clauses 3.1 “Security” and 3.3 “Ease of Use” of the same Standard.)

Drawings must be submitted and approved, prior to the first occupation. The drawing must:

1. Show the position and design of the bicycle parking to satisfy the above requirement.

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

Advice: Once the 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 safe and efficient parking adequate to provide for the use.

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

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 2

A contamination environmental site assessment report, and any associated contamination management plan recommended by that report, must be submitted and approved prior to the issue of any consent under the Building Act 2016.

The contamination environmental site assessment report must:

1. Be prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM); and

2. Indicate whether the site is suitable for the proposed use/development and whether the development poses a risk to human health or the environment (either with or without implementation of a specific contamination management plan).

If the contamination environmental site assessment report concludes that remediation and/or management is necessary to ensure the site is suitable for the proposed use/development and will not adversely impact upon human health or the environment, a contamination management plan must be submitted and approved prior to the issue of any consent under the Building Act 2016.

Any contamination management plan must:

1. Be prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the NEPM;

2. Include any specific remediation or management measures required to ensure the site is suitable for the proposed use/development and will not adversely impact upon human health or the environment; and

3. Include a statement that, subject to implementation of the requirements of the contamination management plan, the land will be suitable for the approved use and the development will not adversely impact upon human health or the environment.

The use and development must be undertaken in accordance with any contamination management plan.

Reason for condition

To determine the level of site contamination, and to identify any recommended remediation/management practices/safeguards which need to be followed/put in place during any excavations/ground disturbance on, or for use of the site, to provide for a safe living environment.

ENVEH 3

On completion of all works and development on the site, a final report must be submitted and approved which identifies what has been done to ensure that the condition of the site does not pose a risk to human health or the environment, and outlines if there are any remaining contamination related risks associated with potential future use and development on the site.

Reason for condition

To provide for a safe living environment.

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. Click here for more information.

PLUMBING PERMIT

Plumbing permit in accordance with the Tasmanian Plumbing Regulations 2014.

Click here for more information.

PUBLIC HEALTH

Approved/endorsed plans for a food business fit out, in accordance with the National Construction Code Building Code of Australia including Tas Part H102 for food premises which must have regard to the FSANZ Food Safety Standards. Click here for more information.

FOOD BUSINESS REGISTRATION

Food business registration in accordance with the Food Act 2003. Click here for more information.

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). Click here for more information.

Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s Highways By law. Click here for more information.

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas.

WASTE DISPOSAL

Click here for information regarding waste disposal.

FEES AND CHARGES

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

Attachment a: PLN-16-1235 - 54 KING STREET SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-16-1235 54 KING STREET SANDY BAY TAS 7005 - CPC Agenda Documents ⇩

Item No. 7.2.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 223

30/1/2017

7.2.4 533 Nelson Road, Mount Nelson - Extension

PLN-16-1247 - FILE REF: F17/5583

Address: 533 Nelson Road, Mount Nelson

Proposal: Extension

Expiry Date: 6 March 2017

Extension of Time: Not applicable

Author: Michaela Nolan

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for extension at 533 Nelson Road, Mt Nelson 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 PLN161247 533 Nelson Road, Mount Nelson TAS 7007 Final planning documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s1

Plans SK101 revision A and SK301 revision A dated 19 December 2016 are approved. Plans SK101 and SK301 dated 11 October 2016 are not approved.

Advice: Plans SK101 and SK301 dated 11 October 2016 are superseded, but erroneously formed part of the advertised documents.

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

Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

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 2016. Click here for more information.

PLUMBING PERMIT

Plumbing permit in accordance with the Building Act 2016. Click here for more information.

Attachment a: PLN-16-1247 - 533 NELSON ROAD MOUNT NELSON TAS 7007 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-16-1247 - 533 NELSON ROAD MOUNT NELSON TAS 7007 - CPC Agenda Documents ⇩

Item No. 7.2.5

Agenda (Open Portion)

City Planning Committee Meeting

Page 253

30/1/2017

7.2.5 38 Argyle Street, Hobart - Partial Demolition, Temporary Amenities, Extension and Alterations

PLN-16-1273 - FILE REF: F17/5883

Address: 38 Argyle Street, Hobart

Proposal: Partial Demolition, Temporary Amenities, Extension and Alterations

Expiry Date: 10 March 2017

Extension of Time: Not applicable

Author: Michaela Nolan

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, temporary amenities, extension and alterations at 38 Argyle Street, 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 PLN161273 38 Argyle Street, 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 201601952HCC dated 28 December 2016 as attached to the permit.

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

Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

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 6

All onsite excavation and disturbance within the area of medium archaeological potential as defined in the Praxis Environment Report p.5253 must be monitored. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

1. All excavation and/or disturbance must stop immediately; and

2. A qualified archaeologist must be engaged to provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

3. All and any recommendations made by the archaeologist engaged in accordance with (2) above must be complied with in full; and

4. All features and/or deposits discovered must be reported to the Council with 1 day of the discovery; and

5. A copy of the archaeologist’s advice, assessment and recommendations obtained in accordance with paragraph (2) above must be provided to Council within six (6) months of receipt of the advice, assessment and recommendations.

Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

Reason for condition

To ensure that building, works and demolition at a place of archaeological potential is planned and implemented in a manner that seeks to understand, retain, protect and manage significant archaeological evidence.

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 2016. Click here for more information.

PLUMBING PERMIT

Plumbing permit in accordance with the Tasmanian Plumbing Regulations 2014.

Click here for more information.

Attachment a: PLN-16-1273 - 38 ARGYLE STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-16-1273 - 38 ARGYLE STREET HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: CPC Supporting Documents (Supporting information)

Item No. 8.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 298

30/1/2017

REPORT TITLE: Electronic Cigarettes - Sale and Use - Regulatory Impact
Statement

REPORT PROVIDED BY: Manager Environmental Health

Director City Planning

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to seek endorsement from the Council for the General Manager’s response to the Department of Health and Human Services Regulatory Impact Statement (RIS) that proposes the regulation of the sale and use of electronic cigarettes in Tasmania.

2. Report Summary

2.1. Electronic cigarettes (ecigarettes) do contain toxicants and the health effects on people are still as yet unknown.

2.2. The City of Hobart has a history of leading by example in implementing and supporting efforts to reduce tobacco smoking for health, social, environmental and economic reasons.

2.3. The RIS proposes amendments to the Public Health Act 1997 that aims to control the sale of ecigarettes through the existing tobacco licensing system and to ban the use of ecigarettes in existing smoke free public areas.

2.4. The extended deadline for stakeholder response is Monday 6^th February 2017 and in order for the Council to provide a response within the timeframe the General Manager has advised DHHS of the officer opinion of support for the changes. The General Manager also advised that the formal Council’s position would be ratified shortly after this deadline.

3. Recommendation

That:

1. The Council endorse the General Manager’s formal submission on the Regulatory Impact Statement for the sale and use of electronic cigarettes in Tasmania marked as Attachment B to the report.

4. Background

4.1. In July 2016 the Government released its Health Tasmania – Five Year Strategic Plan to support the goal of making Tasmania the healthiest population in Australia by 2025.

4.2. The Plan includes a number of actions to target smoking behaviour in Tasmania including new laws for the sale, supply, advertising, display, reporting on volume of sales and use of ecigarettes.

4.3. Recent surveys of young people in Tasmania show that there is room to strengthen efforts to reduce tobacco smoking for important health, social and economic reasons.

4.4. A number of changes to the Public Health Act 1997 are proposed to prevent the uptake of smoking by young people, discourage uptake by others, prevent re-normalising smoking behaviour and protect people from possible harms from exposure to vapours.

4.5. The RIS proposes to regulate the import and sale of ecigarettes through the existing tobacco licensing system.

4.6. The RIS proposes to ban the use of ecigarettes in smoke free public areas. This includes ecigarettes both with and without nicotine.

5. Proposal and Implementation

5.1. An officer response supporting the proposals outlined in the RIS was submitted on behalf of the Council in order to meet the deadline for submissions (Attachment B). The Council’s support for the officer’s positions is sought.

6. Strategic Planning and Policy Considerations

6.1. Support for the proposals outlined in the RIS is in line with Capital City Strategic Plan 2015 – 2025: Goal 4 – Strong, Safe and Healthy Communities.

7. Financial Implications

7.1.1. There are no identified financial considerations in the implementation of the proposed amendments of the Public Health Act 1997.

8. Legal, Risk and Legislative Considerations

8.1. Council is required to undertake its statutory responsibilities under the Public Health Act 1997 and will be required to enforce the new ecigarette laws if adopted.

9. Environmental Considerations

9.1. Smoke free public areas should continue to remain smoke and vapour free should the new ecigarette laws be adopted.

10. Social and Customer Considerations

10.1. Council support for regulating the sale and use of ecigarettes will help target smoking behaviour in the community.

11. Delegation

11.1. This matter is delegated to the Council.

Mark Dwyer Signature

Mark Dwyer

Manager Environmental Health

Neil Noye Signature

Neil Noye

Director City Planning

Date: 25 January 2017

File Reference: F17/6194

Attachment a: DHHS Document: Electronic Cigarettes - Regulatory Impact Statement ⇩

Attachment b: Letter to LGAT: Electronic Cigarettes and Tobacco Licensing Laws - RIS ⇩

about people	We value people – our community, our customers and colleagues.
professional	We take pride in our work.
enterprising	We look for ways to create value.
responsive	We’re accessible and focused on service.
inclusive	We respect diversity in people and ideas.
making a difference	We recognise that everything we do shapes Hobart’s future.