Supplementary Agenda of City Planning Committee Meeting

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 3

14/2/2017

7.1 Applications under the Hobart Interim Planning Scheme 2015

7.1.3 54 King Street, Sandy Bay - Partial Demolition, Alterations, Extension, Partial Change of Use to Shop, and Signage

PLN-16-1235 - FILE REF: F17/13931

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

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 2

A contamination Environmental Site Assessment report 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) as amended 2013 must be submitted to Council prior to the issue of any building consent under the Building Act 2016.

The report must conclude:

· Whether any site contamination presents a risk to workers involved in redevelopment of the site, or future users of the site, as a result of proposed excavation of the site;

· Whether any site contamination presents an environmental risk from excavation conducted during redevelopment of the site;

· Whether any specific remediation and/or protection measures are required to ensure proposed excavation does not adversely impact human health or the environment before excavation commences; Based on the results of the Environmental Site Assessment that the excavation as part of the planned works will not adversely impact on human health or the environment (subject to implementation of any identified remediation and/or protection measures as required).

If the Environmental Site Assessment report concludes that remediation and/or protection measures are necessary to avoid risks to human health or the environment, a proposed remediation and/or management plan must be submitted prior to the issue of any building consent under the Building Act 2016. Any remediation or management plan involving soil disturbance must include a detailed soil and water management plan to prevent offsite transfer of potentiallycontaminated soil or stormwater.

The development must be undertaken in accordance with any remediation and/or management plan required by this condition.

Advice: The condition above is required due to the absence of information enabling assessment of the proposal against the Potentially Contaminated Land Code of the Hobart Interim Planning Scheme 2015. If a site history prepared by a suitably qualified person that confirms potentially contaminating activities do not impact the site is provided to the Council, the development may be exempt from this Code under clause E2.4.3 of that planning scheme. In that scenario, the above condition may be able to be deleted from this planning permit under S.56 of the Land Use Planning and Approvals Act 1993. Please contact the Development Appraisal Planner on 6238 2715 for further information.

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.

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.

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.