Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 4

10/4/2017

City Planning Committee Meeting (Open Portion) held Monday, 10 April 2017 at 5.00 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Briscoe (Chairman)

Ruzicka

Burnet

Denison

ALDERMEN

Lord Mayor Hickey

Deputy Lord Mayor Christie

Zucco

Sexton

Cocker

Thomas

Reynolds

Harvey

Apologies: Nil

Leave of Absence:

Alderman Briscoe

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 March 2017, and the Special City Planning Committee meeting held on Monday, 3 April 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.

Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

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10/4/2017

7.1 Applications under the Hobart Interim Planning Scheme 2015

7.1.1 15 Marieville Esplanade, Sandy Bay - Partial Demolition, Alterations and Extension to Storage Lockers

PLN-16-1199 - FILE REF: F17/33455

Address: 15 Marieville Esplanade, Sandy Bay

Proposal: Partial Demolition, Alterations and Extension to Storage Lockers

Expiry Date: 29 May 2017

Extension of Time: Not applicable

Author: Helen Ayers

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extension to storage lockers at 15 Marieville Esplanade, 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 PLN161199 15 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 1

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

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

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

Reason for condition

To ensure that any of the Council infrastructure and/or 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 and maintained until such time as all disturbed area have been stabilised and/restored.

A soil and water management plan (SWMP) must be submitted and approved prior to the commencement of work. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008) and

All work must be undertaken in accordance with this condition and the approved soil and water management plan (SWMP).

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

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

Reason for condition

To avoid the 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

Recommendations in the report 'Environmental Site Assessment, Royal Yacht Club of Tasmania, 15 Maryville Esplanade Sandy Bay, February 2017' and the associated 'Contamination Management Plan, Royal Yacht Club of Tasmania, Sandy Bay, February 2017' prepared by GeoEnvironmental Solutions P/L, 86 Queen St, Sandy Bay) must be implemented.

Reason for condition

To ensure that the risk to future occupants of the building remain low and acceptable.

ADVICE

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

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

BUILDING PERMIT

Building permit in accordance with the Building Act 2000;

http://www.hobartcity.com.au/Development/Building

PLUMBING PERMIT

Plumbing permit under the Tasmanian Plumbing Regulations 2014;

http://www.hobartcity.com.au/Development/Plumbing

Attachment a: PLN-16-1199 - 15 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-16-1199 - 15 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 - CPC Agenda Documents ⇩

Item No. 7.1.1

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City Planning Committee Meeting - 10/4/2017

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ATTACHMENT b

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Item No. 7.1.1

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Item No. 7.1.2

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City Planning Committee Meeting

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7.1.2 8 Hamilton Street, West Hobart - Partial Demolition, Extension and Alterations

PLN-17-57 - FILE REF: F17/33624

Address: 8 Hamilton Street, West Hobart

Proposal: Partial Demolition, Extension and Alterations

Expiry Date: 25 April 2017

Extension of Time: Not applicable

Author: Cameron Sherriff

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for Partial Demolition, Extension and Alterations at 8 Hamilton Street, West Hobart for the following reason:

1. The proposed extensions, by reason of the degree to which they would build over the rear garden space and the subsequent removal of the gap between buildings provided by the garden space would have a detrimental impact upon those features which contribute to the historic cultural significance of the Inner West Hobart Heritage Precinct (WH2) as set out in table E.13.2 of the Hobart Interim Planning Scheme 2015, contrary to E13.8 Development Standards for Heritage Precincts, in particular E13.8.2 – ‘Buildings and Works other than Demolition’.

Attachment a: PLN-17-57 - 8 HAMILTON STREET WEST HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-17-57 - 8 HAMILTON STREET WEST HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-17-57 - 8 HAMILTON STREET WEST HOBART TAS 7000 - Heritage Referral Officer Report ⇩

Item No. 7.1.2

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City Planning Committee Meeting - 10/4/2017

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ATTACHMENT a

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Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

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10/4/2017

REPORT TITLE: Smoke Free Intercity Shared Pathway

REPORT PROVIDED BY: Director City Planning

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to seek endorsement from the Council to support the Glenorchy City Council in lobbying the State Government to declare the Intercity Shared Pathway (ISP) as a smoke free public area.

2. Report Summary

2.1. The Glenorchy City Council has agreed to lobby the State Government to include the ISP as a smoke free public area under the provisions of the Public Health Act 1997.

2.2. The ISP has been identified as a potential public health concern for users specifically from smokers also using the facility.

2.3. The Glenorchy City Council intends to approach a number of key stakeholders to support their proposal and therefore also seeks the Council’s support for the proposal.

2.4. This approach provides for the declaration of City of Hobart and Glenorchy City Council sections of the ISP as being smoke free and adopts a consistent application for a shared jurisdictional facility.

3. Recommendation

That the Council issue a formal letter of support to the Glenorchy City Council for lobbying the State Government to declare the Intercity Shared Pathway as a smoke free public area.

4. Background

4.1. In July 2016 the State 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 range of actions to target smoking behaviour in the state including the consideration for declaring more public areas as being smoke free.

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

5. Proposal and Implementation

5.1. It is proposed that the State Government be lobbied to declare the Glenorchy City Council and City of Hobart sections of the ISP as a smoke free area.

5.2. The Glenorchy City Council has requested that the City of Hobart provide a letter supporting the proposal to lobby the State Government accordingly.

5.3. The Glenorchy City Council intends to approach a range of other key stakeholders in support of the proposal including the Department of State Growth, the Tobacco Coalition and other groups.

6. Strategic Planning and Policy Considerations

6.1. Support for this proposal is in line with Capital City Strategic Plan 2015–2025: Goal 4 – strong, Safe and Healthy Communities.

7. Financial Implications

7.1. Councils will not be required to provide resources and funding to undertake monitoring and enforcement roles unless they choose to do so.

7.2. It is possible, however, that there may be some future cost sharing considerations between the councils and the State Government to provide the necessary No Smoking public signage along the ISP together with implementing a community information awareness campaign.

8. Legal, Risk and Legislative Considerations

8.1. If the State Government declares the ISP as a smoke free public area then councils will have no obligation to police or enforce the smoking ban although there will be a clear public expectation to do so.

9. Social and Customer Considerations

9.1. Public areas designated for exercise and recreation purposes, such as the ISP, should be smoke free to encourage greater use of these facilities by more sections of the community and to maximise the health benefits of the use of these facilities.

10. Delegation

10.1. This matter is delegated to 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.

Neil Noye Signature

Neil Noye

Director City Planning

Date: 5 April 2017

File Reference: F17/23619

Item No. 8.2

Agenda (Open Portion)

City Planning Committee Meeting

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10/4/2017

Memorandum: City Planning Committee

Delegated Decisions Report (Planning)

Attached is the delegated planning decisions report for the period 21 March 2017 until 2 April 2017.

REcommendation

That:

1. The information be received and noted.

Neil Noye

Director City Planning

Date: 5 April 2017

File Reference: F17/33472; 16/117

Attachment a: Delegated Decisions Report (Planning) ⇩

Item No. 8.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 180

10/4/2017

Memorandum: City Planning Committee

City Planning - Advertising List

Attached is the advertising list for the period 18 March until 31 March 2017.

REcommendation

That:

1. That the information be received and noted.

Neil Noye

Director City Planning

Date: 3 April 2017

File Reference: F17/33790; 16/117

Attachment a: City Planning Advertising List ⇩

Item No. 9.1

Agenda (Open Portion)

City Planning Committee Meeting

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10/4/2017

9. Responses To Questions Without Notice

Regulation 29(3) Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10

The General Manager reports:-

“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.

The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”

9.1 UTAS Accommodation Subletting Arrangements

File Ref: F17/29302; 13-1-10

Report of the Director City Planning of 10 April 2017.

9.2 Light Aircraft Safety

File Ref: F17/23035

Report of the Director City Planning of 10 April 2017.

Delegation: Committee

That the information be received and noted.

Item No. 9.1

Agenda (Open Portion)

City Planning Committee Meeting

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10/4/2017

Memorandum: Lord Mayor

Deputy Lord Mayor

Aldermen

Response to Question Without Notice

UTAS Accommodation Subletting Arrangements

Meeting: City Planning Committee

Meeting date: 14 March 2017

Raised by: Alderman Burnet

Question:

Regarding the UTAS accommodation 157 Elizabeth Street - does the Director know of any subletting arrangements that have been put in place?

Response:

I have made enquires with the relevant officer of the University of Tasmania and I have been assured that there is no subletting of the residential accommodation. I am further advised that subletting would be contrary to the terms of the National Rental Affordability Scheme.

Neil Noye

Director City Planning

Date: 5 April 2017

File Reference: F17/29302; 13-1-10

Item No. 9.2

Agenda (Open Portion)

City Planning Committee Meeting

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10/4/2017

Memorandum: Lord Mayor

Deputy Lord Mayor

Aldermen

Response to Question Without Notice

Light Aircraft Safety

Meeting: City Planning Committee

Meeting date: 27 February 2017

Raised by: Alderman Burnet

Question:

Further to the fatal light plane crash near Essendon airport, could the Director City Planning please advise if there is a level of risk with stunt aircraft flying over the residential areas of Hobart?

Response:

A Civil Aviation Safety Authority (CASA) 2007 Publication stated that fatal accidents associated with aerobatics have been occurring, on average, about once every two years in Australia.

While such accidents are not frequent, the rate is significant given the relatively limited amount of aerobatic flying that occurs in this country. In comparison between 2005 and 2014 there was an average of 37 deaths per annum for all civil aviation incidents.

CASA has in place regulations and minimal qualifications for aerobatic flying to minimise the risk. Clearly there is inevitably some risk in these activities, however, the risk is managed and flying generally continues to be one of the safest form of transport available.

Neil Noye

Director City Planning

Date: 5 April 2017

File Reference: F17/23035

Agenda (Open Portion)

City Planning Committee Meeting

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10/4/2017

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

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10/4/2017

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 City Acting as Planning Authority

Item No. 6 Responses to Questions Without Notice

Item No. 6.1 Civic Square

LG(MP)R 15(2)(f)

Item No. 7 Reports

Item No. 7.1 Planning Notices Issued Under Land Use Planning and Approvals Act 1993

LG(MP)R 15(2)(i)

Item No. 8 Questions without notice – File Ref: 13-1-10

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