HCC Coat of Arms.jpg
City of hobart

 

 

 

 

AGENDA

City Planning Committee Meeting

 

Open Portion

 

Tuesday, 14 March 2017

 

at 5.30 pm

Lady Osborne Room, Town Hall


 

 

 

 

THE MISSION

Our mission is to ensure good governance of our capital City.

THE VALUES

The Council is:

 

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.

 

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 3

 

14/3/2017

 

 

ORDER OF BUSINESS

 

Business listed on the agenda is to be conducted in the order in which it is set out, unless the committee by simple majority determines otherwise.

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Co-Option of a Committee Member in the event of a vacancy  4

2.        Confirmation of Minutes. 4

3.        Consideration of Supplementary Items. 4

4.        Indications of Pecuniary and Conflicts of Interest. 4

5.        Transfer of Agenda Items. 5

6.        Planning Authority Items - Consideration of Items With Deputations. 5

7.        Committee Acting as Planning Authority. 6

7.1     Applications under the Sullivans Cove Planning Scheme 1997  7

7.1.1       50 Macquarie Street, Hobart - Alterations (Solar Panels) 7

7.2     Applications under the Hobart Interim Planning Scheme 2015  31

7.2.1       80 Liverpool Street, Hobart - Alterations (New Heat Pump Units) 31

8          Reports. 51

8.1     Delegated Decisions Report (Planning) 51

8.2     City Planning - Advertising List 55

9          Motions of which Notice has been Given. 61

9.1     Illegal Demolition under Planning Scheme. 61

10.     Questions Without Notice. 63

11.     Closed Portion Of The Meeting.. 64

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 4

 

14/3/2017

 

 

City Planning Committee Meeting (Open Portion) held Tuesday, 14 March 2017 at 5.30 pm in the Lady Osborne Room, Town Hall.

 

COMMITTEE MEMBERS

Briscoe (Chairman)

Ruzicka

Burnet

Denison

 

 

APOLOGIES:

 

 

LEAVE OF ABSENCE: NIL

 

 

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, 27 February 2017, the Special City Planning Committee meeting held on Monday, 6 March 2017, 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.

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 6

 

14/3/2017

 

 

7.       Committee Acting as Planning Authority

 

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

 

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

 

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

 


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 7

 

14/3/2017

 

 

7.1     Applications under the Sullivans Cove Planning Scheme 1997

 

7.1.1   50 Macquarie Street, Hobart - Alterations (Solar Panels)

            PLN-17-13 - FILE REF: F17/18653

Address:                         50 Macquarie Street, Hobart

Proposal:                       Alterations (Solar Panels)

Expiry Date:                   28 April 2017

Extension of Time:       Not applicable

Author:                           Helen Ayers

 

 

REcommendation

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for alterations (solar panels) 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 PLN­17­13 ­ 50 Macquarie Street, Hobart, TAS 7000 ­ Final Planning Documents, except where modified below.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

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-17-13 - 50 MACQUARIE STREET HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-17-13 - 50 MACQUARIE STREET HOBART TAS 7000 - CPC Agenda Documents   


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 14/3/2017

Page 9

ATTACHMENT a

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 14/3/2017

Page 16

ATTACHMENT b

 

PDF Creator


 

PDF Creator


 

PDF Creator


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 14/3/2017

Page 20

ATTACHMENT b

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator 


Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 32

 

14/3/2017

 

 

7.2     Applications under the Hobart Interim Planning Scheme 2015

 

7.2.1   80 Liverpool Street, Hobart - Alterations (New Heat Pump Units)

            PLN-16-1019 - FILE REF: F17/20961

Address:                         80 Liverpool Street, Hobart

Proposal:                       Alterations (New Heat Pump Units)

Expiry Date:                   10 April 2017

Extension of Time:       Not applicable

Author:                           Helen Ayers

 

 

REcommendation

 

That:   1.      Pursuant to the Land Use Planning and Approvals Act 1993 and the Hobart Interim Planning Scheme 2015, the Council refuse the application for alterations (new heat pump units) at 80 Liverpool Street, Hobart for the following reasons:

 

(i)    The proposal does not meet the acceptable solution or the performance criterion with respect to clause 22.4.3 of the Hobart Interim Planning Scheme 2015 because the proposed alterations will have an unacceptable impact on the significant visual characteristics of the heritage listed place.

 

(ii)   The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 of the Hobart Interim Planning Scheme 2015 because the proposed alterations will have an unacceptable impact on the significant visual characteristics of the heritage listed place.

 

2.      Pursuant to the Land Use Planning and Approvals Act 1993 and section 39(10) of the Historic Cultural Heritage Act 1995, the Council must refuse the application for alterations (new heat pump units) at 80 Liverpool Street, Hobart for the following reasons provided by the Tasmanian Heritage Council:

 

(i)    The proposed alterations will have an unacceptable impact on the significant visual characteristics of the place.

 

(ii)   The proposed alterations are contrary to the appropriate outcomes for heating and cooling services in section 11 of the Tasmanian Heritage Council’s Works Guidelines for Historic Heritage Places (November 2015).

 

Attachment a:             PLN-16-1019 - 80 LIVERPOOL STREET HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-16-1019 - 80 LIVERPOOL STREET HOBART TAS 7000 - CPC Agenda Documents

Attachment c:            PLN-16-1019 - 80 LIVERPOOL STREET HOBART TAS 7000 - Referral Officer Report (Heritage)

Attachment d:            PLN-16-1019 - 80 LIVERPOOL STREET HOBART TAS 7000 - Attachment D - Tasmanian Heritage Council - Notice of Heritage Decision   


Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting - 14/3/2017

Page 34

ATTACHMENT a

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting - 14/3/2017

Page 43

ATTACHMENT b

 

PDF Creator


 

PDF Creator


Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting - 14/3/2017

Page 46

ATTACHMENT b

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting - 14/3/2017

Page 51

ATTACHMENT c

 

PDF Creator


 

PDF Creator


Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting - 14/3/2017

Page 53

ATTACHMENT d

 

PDF Creator

  


Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 54

 

14/3/2017

 

 

8        Reports

 

8.1    Delegated Decisions Report (Planning)

          File Ref: F17/22506; 16/117

Report of the Director City Planning of 8 March 2017 and attachments.

Delegation:     Committee


Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 55

 

14/3/2017

 

 

 

 

Memorandum: City Planning Committee

 

Delegated Decisions Report (Planning)

 

Attached is the Delegated Decision Report (Planning) for the period 20 February 2017 until 5 March 2017.

 

REcommendation

That:

1.      The information be received and noted.

 

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.

 

Neil Noye

Director City Planning

 

 

Date:                            8 March 2017

File Reference:          F17/22506; 16/117

 

 

Attachment a:             Delegated Decisions Report (Planning) 20.02.17 - 05.03.17   


Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting - 14/3/2017

Page 56

ATTACHMENT a

 

PDF Creator


 

PDF Creator


Item No. 8.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 58

 

14/3/2017

 

 

8.2    City Planning - Advertising List

          File Ref: F17/22773

Report of the Director City Planning of 8 March 2017 and attachments.

Delegation:     Committee


Item No. 8.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 59

 

14/3/2017

 

 

 

 

Memorandum: City Planning Committee

 

City Planning - Advertising List

 

Attached is the advertising period for the period 17 February 2017 – 2 March 2017.

 

REcommendation

That:

1.      The information be received and noted.

 

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.

 

Neil Noye

Director City Planning

 

 

Date:                            8 March 2017

File Reference:          F17/22773

 

 

Attachment a:             City Planning - Advertising List   


Item No. 8.2

Agenda (Open Portion)

City Planning Committee Meeting - 14/3/2017

Page 60

ATTACHMENT a

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Item No. 9.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 65

 

14/3/2017

 

 

9        Motions of which Notice has been Given

 

9.1      Illegal Demolition under Planning Scheme

       FILE REF: F17/24004;  13-1-10

 

Alderman Zucco

 

Motion

“That:

 

1.   An urgent report be prepared to review the proposed new Tasmanian planning scheme as it relates to demolition works - and in particular illegal demolition.

 

2.   The report also provide the current status as to what penalties are able to be enforced for illegal demolition works, and what the new legislation will impose.

 

3.   The report also consider a minimum range of penalties as per an example in the rationale.

 

4.   The report also consider options to lobby the government to impose criminal penalties when illegal demolitions occur that may endanger lives.”

 

Rationale:

 

The reason for this Notice of Motion is the recent unauthorised demolition of the property at 55 Mt Stuart Road, and specifically to ensure that the new legislation does not allow any developer to undertake demolition works without the required approvals.

 

The seriousness of what has occurred, involving the failure to disconnect live power, uncontrolled disturbance of asbestos and the failure to make the site safe placed local residents and the general community in a life threatening situation.

 

The Council should consider imposing a minimum of a 15 year ban on any development of the site and or reinstatement (subject to a heritage evaluation) including monetary fine for such actions.

 

The Council should review the situation, in particular looking to include criminal penalties for this type of behaviour.

 

 

The General Manager reports:

 

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as the Notice relates to legislative controls around illegal demolition works, which is part of the City’s role as the local planning and environmental authority.”

 

 

    


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 67

 

14/3/2017

 

 

10.     Questions Without Notice

Section 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

 

An Alderman may ask a question without notice of the Chairman, another Alderman, the General Manager or the General Manager’s representative, in line with the following procedures:

1.         The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.

2.         In putting a question without notice, an Alderman must not:

(i)    offer an argument or opinion; or

(ii)   draw any inferences or make any imputations – except so far as may be necessary to explain the question.

3.         The Chairman must not permit any debate of a question without notice or its answer.

4.         The Chairman, Aldermen, General Manager or General Manager’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.

5.         The Chairman may require a question to be put in writing.

6.         Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.

7.         Where a response is not able to be provided at the meeting, the question will be taken on notice and

(i)    the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.

(ii)   a written response will be provided to all Aldermen, at the appropriate time.

(iii)  upon the answer to the question being circulated to Aldermen, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 68

 

14/3/2017

 

 

11.     Closed Portion Of The Meeting

 

The following items were discussed: -

 

Item No. 1          Minutes of the last meeting of the Closed Portion of the Council Meeting

Item No. 2          Consideration of supplementary items to the agenda

Item No. 3          Indications of pecuniary and conflicts of interest

Item No. 4          Planning Authority Items – Consideration of Items with Deputations

Item No. 5          Questions without notice – File Ref: 13-1-10