Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 5

13/6/2017

City Planning Committee Meeting (Open Portion) held Tuesday, 13 June 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: Nil.

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, 29 May 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. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 27

13/6/2017

7.2 Applications under the Hobart Interim Planning Scheme 2015

7.2.1 188 Strickland Avenue and Adjacent Road Reserve, South Hobart - Multiple Dwellings and Vegetation Clearance

PLN-16-1112 - FILE REF: F17/57210

Address: 188 Strickland Avenue and Adjacent Road Reserve, South Hobart

Proposal: Multiple Dwellings and Vegetation Clearance

Expiry Date: 10 July 2017

Extension of Time: Not applicable

Author: Elizabeth Wilson

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for Multiple Dwellings and Vegetation Clearance at 188 Strickland Avenue and Adjacent Road Reserve, South 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 PLN161112 188 Strickland Avenue, South Hobart 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 2016/01565HCC dated 24 March 2017 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw4

The development (all impervious areas including roofs, driveways, parking

and maneuvering areas) must be drained to the Council stormwater infrastructure. New stormwater connections must be constructed at the owner’s expense and any proposed abandoned stormwater connections sealed by the Council at the owner’s expense, prior to first occupation.

Detailed engineering design drawings must be submitted and approved by the Council's Director City Infrastructure, prior to obtaining any plumbing Certificate of Likely Compliance under the Building Act 2016.

The design drawing for the proposed stormwater connection to Strickland

Avenue Table Drain must:

· Include the location of the proposed stormwater connection;

· Include the size of the proposed stormwater connection appropriate to satisfy the needs of the development

· Include the material of the proposed stormwater connection the Council and private stormwater infrastructure

· Ensure that stormwater flows exiting the outfall are dissipated and contained within the table drain

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

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

Please note that once the condition endorsement has been issued you will need to contact the Council’s City Infrastructure Unit to initiate an application for service connection.

Reason for condition

To ensure the site is drained adequately.

ENG sw7

Stormwater pretreatment and detention tanks for storm water discharges from the development must be installed prior to first occupation.

A stormwater management design must be submitted and approved by Council's Director City Infrastructure, prior to obtaining any plumbing Certificate of Likely Compliance under the Building Act 2016. The stormwater management design must:

· Be prepared by a suitably qualified person

· Provide detailed design of the detention tank showing the:

· Layout of the inlet and outlet diameter/invert level

· Details of the overflow mechanism and invert level

· Including supporting calculations showing the emptying times for the specified detention tank and outlet size

· Provide detailed design of the stormwater pretreatment showing compliance with the required stormwater quality targets

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

Advice:

· Once the design has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement)

· It is advised that documentation for condition endorsement is lodged well before a Building Permit is required, as failure to address design requirements until Building Application stage may result in unexpected delays

Reason for condition

To avoid the possible pollution of drainage systems and natural watercourses, and to comply with relevant State legislation.

ENG 2

Vehicle safety barriers where required by Australian Standard AS/NZS2890.1:2004, compliant with AS/NZS1170.1:2002 must be installed prior to the first occupation.

If barriers are not required by AS/NZS2890.1:2004; a report, prepared by a suitably qualified person, demonstrating that barriers are not required must be submitted and approved by Council prior to the issuing of any Certificate of Likely Compliance under the Building Act 2016.

If vehicle safety barriers are required, a certified vehicle crash barrier design (including site plan with proposed location(s) of installation), prepared by a suitably qualified Engineer, to satisfy the above requirements, must be submitted and approved by Council prior to the issuing of any Certificate of Likely Compliance under the Building Act 2016. All works, required by this condition must be undertaken in accordance with certified design.

Prior to the issuing of any Occupancy or Completion Certificate under the Building Act 2016, barriers must be inspected by a qualified engineer and certification submitted to Council, confirming that the installed barriers comply with the above requirement.

Advice:

· If vehicle safety barriers are not required due to a drop of less than 600mm, the designers should make this clear on the drawings to help avoid unnecessary delays in building approval

· If wheelstops (i.e kerb 90 to 110mm high) are not required due to a drop of less than 150mm, the designers should make this clear on the drawings to help avoid unnecessary delays in building approval

· Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required: http://www.abcb.gov.au/Resources/NCC. Council do not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3

· Once the design drawing has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement)

Reason for condition

To ensure that the safety of users of the driveway/parking and compliance with the standard.

ENG 14

Prior to the issuing of any Completion or Occupancy Certificate under the Building Act 2016, documents signed by a suitably qualified engineer, certifying the driveway / parking area / manoeuvring area / access / crossover has been constructed in accordance with the planning permit design drawings, must be lodged with the Council.

Reason for condition

To ensure that the access and parking layout for the development is constructed to accepted standards.

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.

ENG s1

A revised detailed engineering design drawing of the driveway (Drawing 0195 Sheet 3 and 5 of 6) must be submitted and approved, prior to obtaining any Certificate of Likely Compliance under the Building Act 2016.

The revised detailed engineering design drawings must include:

1. Traffic management device (speed hump) including deliniation in accordance with AS/NZ2890.1 Section 4.9 Type 2 hump at the property boundary.

2. Mountable kerb in accordance with (IPWEA) LGAT – standard drawing TSDR14v1 kerb type KCM2 along the entire north western side of the driveway adjacent to 186b Strickland Avenue boundary.

3. Passing bay between the driveway access to 186b Strickland Avenue and the lot proper.

Advice: It is recommended that long sections of the adjacent property driveway works (to match existing driveways for adjacent properties which share the access off Strickland Avenue) are undertaken prior to construction to ensure the works

complies with AS/NZ2890.1 and planning application drawing 0195R1 Sheet 3 of 6 note 6. Failure to comply with these requirements may result in an additional planning permit being required.

Reason for condition

To ensure exiting vehicle speeds are checked prior to driveway confluence with adjacent driveways sharing the access to Strickland Avenue and to ensure access to 186b Strickland Avenue via the Right of Way over 188 Strickland Avenue is maintained along the entire Right of Way.

ENV 9

All trees must be retained other than the trees identified for removal on the Tree Removal Plan by Henry Design and Consulting dated October 2016 (drawing number H16001A19 Rev A) and the Driveway and Services Plan by D Pretyman Survey & Civil Drafting dated March 2016.

Reason for condition

To ensure the use/development minimises impact upon biodiversity values.

ENV 10

The trees to be retained on the lot must be protected in accordance with Australian Standard AS 4970 Protection of trees on development sites, except that determined tree protection zones may be delineated by barrier tape securely attached to posts rather than fencing.

Reason for condition

To ensure the use/development minimises impact upon biodiversity values.

ENV 15

All construction vehicles and machinery must be effectively cleaned of soil before entering the property.

Soil cleaned from construction vehicles and machinery must not be allowed, either directly or indirectly, to enter waterways or the Council’s stomwater system.

Note: further information on effective measures for washdown can be found here.

Reason for condition

To minimise the spread of weeds and pathogens.

ENV 2

Sediment and erosion control measures, in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A 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), available here.

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

Advice: Once the 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 pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

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

As condition endorsements are 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 Building Act 2016, Building Regulations

2016 and the National Construction Code. Click here for more information.

OCCUPATION OF THE PUBLIC HIGHWAY

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

NEW SERVICE CONNECTION

New service connection (please contact the Hobart City Council's City Infrastructure

Division to initiate the application process).

STORM WATER

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services By law. Click here for more information.

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s

Highways By law. Click here for more information.

ACCESS

Designed in accordance with LGAT IPWEA – Tasmanian standard drawings. Click here for more information.

The Environmental Development Planner has advised that the design specifications for the driveway appear to be inconsistent with the requirements of the submitted bushfire report.

CROSS OVER CONSTRUCTION

The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.

STORMWATER / ROADS / ACCESS

Services to be designed and constructed in accordance with the (IPWEA) LGAT –

standard drawings. Click here for more information.

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.

NOISE REGULATIONS

Submitted design specifications for the driveway appear to be inconsistent with the requirements of the submitted bushfire report.

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-16-1112 - 188 STRICKLAND AVENUE SOUTH HOBART TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-16-1112 - 188 STRICKLAND AVENUE SOUTH HOBART TAS 7004 - CPC Agenda Documents ⇩

Item No. 8.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 144

13/6/2017

Memorandum: City Planning Committee

Visitor Accommodation - Proposed Interim Planning Directive

Attached is the latest information (Fact Sheet – June 2017) from the State Government on the proposed changes to the status of visitor accommodation.

It is proposed that an Interim Planning Directive will come into effect on 1 July 2017 which will provide an exemption from requiring a planning permit for visitor accommodation if:

(a) the dwelling is used by the owner or occupier as their main place of residence, and only let while the owner or occupier is on vacation; or

(b) the dwelling is used by the owner or occupier as their main place of residence, and visitors are accommodated in not more than 4 bedrooms.

The Directive will make other forms of visitor accommodation permitted in all of the residential zones subject to a maximum size of 300m².

It is intended that all planning schemes in the State will be amended on the 1st July by the Interim Planning Directive which will then go through an exhibition and hearing process with the Tasmanian Planning Commission (TPC).

This means from 1 July 2017 self-contained visitor accommodation will become permitted in the Inner Residential Zone in Battery Point Heritage Area BP1. This will be a reversal of the long standing position of Council to prohibit self-contained visitor accommodation in Battery Point.

The ‘ban’ on self-contained visitor accommodation in Battery Point has been in place since the introduction of the Battery Point Planning Scheme in 1979.

It was the intent of the Battery Point Planning Scheme to ensure that in the Residential Zone private residential use is given first priority whilst providing for uses which serve local residents or ensure the retention of existing buildings incapable or unsuited to residential usage.

To allow conversion of existing private residences to visitor accommodation was considered inconsistent with the tenor of the Scheme as over time it may result in a significant change to the residential character of Battery Point.

Given the character of Battery Point and its proximity to Sullivans Cove and other tourist attractions, Battery Point is a very attractive location for tourists to stay.

The demand for tourist accommodation in Battery Point is likely to be high and this factor combined with the financial return available from providing visitor accommodation, may lead to a concentration of visitor accommodation uses in Battery Point to the extent that the residential function, character and amenity is diminished.

The character afforded to a residential area from long term residents is different to that from an area where there are large numbers of short term visitors. An area primarily occupied by long term residents will have a greater sense of community and neighbourly character than an area where you are likely to have a new neighbour every night. Battery Point residents had an expectation under the Battery Point Planning Scheme that Battery Point will remain a suburb primarily for long term residents as the Scheme gives “private residential use first priority”.

The City of Hobart Planning Scheme 1982 was amended in September 2000 to make self-contained visitor accommodation a discretionary use in the Residential Zones. Council supported this amendment as it considered that it was unlikely that it would result in a concentration of visitor accommodation uses in any particular area and this has proved to be the case. In Battery Point however the opposite is likely to be the case.

There is also the amenity issue of mixing of long term and short term residents in dwelling complexes. This was a significant issue with the Sullivans Cove Planning Scheme 1997 and was addressed by the prohibition of visitor accommodation in dwelling complexes unless all dwellings were to be used for visitor accommodation.

Council has been consistent in its approach to the issue of Visitor Accommodation (Use Class 5) in Battery Point and has refused the vast majority of applications. (Note - it has been possible to have bed and breakfast style accommodation in Battery Point.)

The Hobart Interim Planning Scheme 2015 continued the prohibition on self-contained visitor accommodation in Battery Point but allowed the use to be permitted in other residential areas of the city subject to standards limiting the scale.

Given the significant implications for Battery Point it is recommended that the Lord Mayor write to the Minister for Planning and Local Government drawing attention to the issue of making self-contained visitor accommodation permitted in Battery Point and request that the proposed Interim Planning Directive not apply to Battery Point Heritage Area BP1 under the Hobart Interim Planning Scheme 2015.

REcommendation

That:

1. That the information be received and noted.

2. The Lord Mayor write to the Minister for Planning and Local Government drawing attention to the implications of making self-contained visitor accommodation permitted in Battery Point and request that the proposed Interim Planning Directive not apply to Battery Point Heritage Area BP1 under the Hobart Interim Planning Scheme 2015.

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

Manager Planning Policy and Heritage

Neil Noye

Director City Planning

Date: 8 June 2017

File Reference: F17/59256; 32-13-4

Attachment a: Visitor Accommodation Fact Sheet ⇩

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.