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City of hobart

 

 

 

 

AGENDA

City Planning Committee Meeting

 

Open Portion

 

Monday, 1 May 2017

 

at 5.00 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

 

1/5/2017

 

 

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 Battery Point Planning Scheme 1979  7

7.1.1       70 Macquarie Street, Hobart - Public Art (Installation) 7

7.2     Applications under the Hobart Interim Planning Scheme 2015  293

7.2.1       89 Doyle Avenue, Lenah Valley - Demolition.. 293

7.2.2       26 Murray Street, Hobart - Alterations (Awnings) 314

8          Reports. 355

8.1     Delegated Decisions Report (Planning) 355

8.2     City Planning - Advertising List 360

9.        Responses To Questions Without Notice. 366

9.1     Smoke Arising from Hazard Reduction Burns. 367

10.     Questions Without Notice. 369

11.     Closed Portion Of The Meeting.. 370

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 4

 

1/5/2017

 

 

City Planning Committee Meeting (Open Portion) held Monday, 1 May 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, 10 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.

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 6

 

1/5/2017

 

 

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

 

1/5/2017

 

 

7.1     Applications under the Battery Point Planning Scheme 1979

 

7.1.1   70 Macquarie Street, Hobart - Public Art (Installation)

            PLN-17-103 - FILE REF: F17/40627

Address:                         70 Macquarie Street, Hobart

Proposal:                       Public Art (Installation)

Expiry Date:                   17 May 2017

Extension of Time:       Not applicable

Author:                           Elizabeth Wilson

 

 

REcommendation

Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for Public Art (Installation) at 70 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 PLN­17­103 ­ 70 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, THC Application No. 5258 dated 3 April 2017, as attached to the permit.

 

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.

 

TEMPORARY PARKING PERMITS

 

Temporary parking permits for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

 

DIAL BEFORE YOU DIG

 

Click here for dial before you dig information.

.

 

Attachment a:             PLN-17-103 - 70 MACQUARIE STREET HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-17-103 - 70 MACQUARIE STREET HOBART TAS 7000 - CPC Agenda Documents

Attachment c:            PLN-17-103 - 70 MACQUARIE STREET HOBART TAS 7000 - Notice of Heritage Decision - Heritage Tasmania - 03/04/2017   


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7.2     Applications under the Hobart Interim Planning Scheme 2015

 

7.2.1   89 Doyle Avenue, Lenah Valley - Demolition

            pln-17-127 - FILE REF: F17/40897

Address:                         89 Doyle Avenue, Lenah Valley

Proposal:                       Demolition

Expiry Date:                   19 May 2017

Extension of Time:       Not applicable

Author:                           Tristan Widdowson

 

 

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition at 89 Doyle Avenue, Lenah Valley 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 PLN­17­127 ­ 89 DOYLE AVENUE LENAH VALLEY TAS 7008 ­ Final Planning Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

 

ENG 12

 

A construction waste management plan must be implemented throughout construction.

 

A construction waste management plan must be submitted and approved, prior to commencement of work on the site. The construction waste management plan must include:

 

·              Provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

 

All work required by this condition must be undertaken in accordance with the approved construction waste management plan.

 

Advice: Once the construction waste management plan has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill. Further information can also be found on the Council’s website.

 

Reason for condition

 

To ensure that solid waste management from the site meets the Council’s requirements and standards.

 

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 re­vegetated.

 

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

 

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 2016. Click here for more information.

 

PLUMBING PERMIT

 

Plumbing permit in accordance with the Tasmanian Plumbing Regulations 2014.

Click here for more information.

 

WASTE DISPOSAL

 

Click here for information regarding waste disposal.

 

Attachment a:             PLN-17-127 - 89 DOYLE AVENUE LENAH VALLEY TAS 7008 - Planning Committee or Delegated Report

Attachment b:             PLN-17-127 - 89 DOYLE AVENUE LENAH VALLEY TAS 7008 - Agenda Documents   


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7.2.2   26 Murray Street, Hobart - Alterations (Awnings)

            PLN-16-00441-01 - FILE REF: F17/41113

Address:                         26 Murray Street, Hobart

Proposal:                       Alterations (Awnings)

Expiry Date:                   4 June 2017

Extension of Time:       Not applicable

Author:                           Ben Ikin

 

 

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for Alterations (Awnings) at 26 Murray Street, Hobart for the following reasons:

 

 

1          The proposal fails to result in development of a sympathetic, subservient and complementary manner and therefore detracts from the special cultural characteristics of this Heritage Listed Place, and to those of the wider townscape qualities of the Heritage Precinct H1 contrary to clauses E.13.7.2 P1 and P2, and E.13.8.2 P1 and P2 of the Hobart Interim Planning Scheme 2015.

 

 

 

Attachment a:             PLN-16-00441-01 - 26 MURRAY STREET HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-16-00441-01 - 26 Murray Street - HOBART - CPC Agenda Documents

Attachment c:            PLN-16-00441-01 - 26 MURRAY STREET HOBART TAS 7000 - Cultural Heritage Officer Report

Attachment d:            PLN-16-00441-01 - 26 Murray Street - HOBART - Tasmanian Heritage Council Decision   


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8        Reports

 

8.1    Delegated Decisions Report (Planning)

          File Ref: F17/40753; 16/117

Memorandum of the Director City Planning of 24 April 2017 and attachment.

Delegation:     Committee


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Memorandum: City Planning Committee

 

Delegated Decisions Report (Planning)

 

Attached is the delegated planning decisions report for the period 3 April until 23 April 2017.

 

REcommendation

That 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:                            24 April 2017

File Reference:          F17/40753; 16/117

 

 

Attachment a:             Delegated Decisions Report (Planning)   


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8.2    City Planning - Advertising List

          File Ref: F17/40778; 16/117

Memorandum of the Director City Planning of 24 April 2017 and attachments.

Delegation:     Committee


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Memorandum: City Planning Committee

 

City Planning - Advertising List

 

Attached is the advertising list for the period 1 April until 23 April 2017.

 

REcommendation

That 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:                            24 April 2017

File Reference:          F17/40778; 16/117

 

 

Attachment a:             City Planning - Advertising List   


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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    Smoke Arising from Hazard Reduction Burns

          File Ref: F17/38751;  13-1-10

Memorandum of the Director Parks and City Amenity of 26 April 2017.

 

Delegation:      Committee

 

That the information be received and noted.

 

 

 


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Memorandum:          Lord Mayor

Deputy Lord Mayor

Aldermen

 

 

Response to Question Without Notice

 

Smoke Arising from Hazard Reduction Burns

 

Meeting: City Planning Committee

 

Meeting date: 1 May 2017

 

Raised by: Alderman Burnet

 

Question:

 

In the interests of public health, what are the steps being taken to reduce the impact on residents from smoke from burn off?

 

Can there be a ban in burn offs over the entire Easter weekend?

 

The Director City Planning took the question on notice.

 

Response:

 

Smoke management is a major component in hazard reduction burn planning. This includes detailed prescriptions aimed at minimising the impact of smoke on the community.

 

The City also participates in a coordinated smoke management strategy administered by the Forest Practices Authority. The strategy aims to reduce the negative impact of smoke on the community by coordinating planned burns to minimise the risk of high concentration of smoke in individual air-sheds and to reduce the risk of smoke pollution within population centres.

 

Officers have received confirmations from the Tasmania Fire Service and Parks and Wildlife Service that they do not intend to undertake burns over the Easter long weekend.

 

The City also has no plans to undertaken burns over this period.

 

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.

 

Glenn Doyle

Director Parks and City Amenity

 

 

Date:                            26 April 2017

File Reference:          F17/38751;  13-1-10

 

 

   


 

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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 332

 

1/5/2017

 

 

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