Minutes

Open Portion

Monday, 6 November 2017

AT 5.12 pm

Council Chamber, Town Hall


 

Minutes (Open Portion)

Council Meeting

Page 2

 

6/11/2017

 

 

 ORDER OF BUSINESS

 

PRESENT, APOLOGIES AND LEAVE OF ABSENCE

1.        Confirmation of Minutes. 3

2.        Transfer of Agenda Items. 4

3.        Communication from the Chairman. 4

4.        Notification of Council Workshops. 5

5.        Public Question Time. 5

6.        Petitions. 5

7.        Consideration of Supplementary Items. 5

8.        Indications of Pecuniary and Conflicts of Interest. 5

Reports of Committees. 6

City Planning Committee

9.        Council Acting as Planning Authority. 6

9.1     3 Argyle Street and 10-14 Davey Street, Hobart - Alterations. 6

9.2     3A Giblin Street and Giblin Street, Lenah Valley and 30 McRobies Road, South Hobart - Quarry Works (Deposting Fill) 7

9.3     2 Davies Avenue, Hobart - Demolition. 13

9.4     2 Derwent Lane, Battery Point - Partial Demolition, Alterations, Extensions and Outbuilding. 18

9.5     99 Salamanca Place, Battery Point - Demolition. 27

9.6     20 Stoney Steps Road - New House - ETA-17-138. 31

10.     Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment PSA-17-5 and S43A Permit Application - 286 Argyle Street, North Hobart - Consideration of Representation. 31

11.     Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment PSA-17-3 -Central Business Zone Height Standards - Consideration of Representations  32

Motions of which notice has been given

12.     Re-Appointment of a State Architect 35

13.     Closed Portion of the Meeting.. 35

 

PRESENT:

 

The Lord Mayor Alderman S L Hickey, Deputy Lord Mayor R G Christie, Aldermen
M Zucco, J R Briscoe, E R Ruzicka, P T Sexton, P S Cocker, D C Thomas,
A M Reynolds, T M Denison and W F Harvey. 

 

APOLOGIES:

 

Nil.

 

LEAVE OF ABSENCE:

 

Alderman H C Burnet.

1.       Confirmation of Minutes

 

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 23 October 2017, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

 

 

 

Ruzicka

Briscoe                                                                     That the minutes be signed.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Deputy Lord Mayor Christie

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

                                                                                      The minutes were signed.

 

 

2.       Transfer of Agenda Items

 

Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015?

 

No items were transferred.

3.       Communication from the Chairman

 

The City of Hobart received an award at the Tasmanian Awards for Planning Excellence on 3 November. The award was for the waterfront renewal in the Great Place category.

 

 

Harvey

Ruzicka                                                                                                             

 

That the staff involved in the Waterfront Project be congratulated for the works and receiving the award.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Deputy Lord Mayor Christie

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

4.       Notification of Council Workshops

 

In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the General Manager reports that the following workshops have been conducted since the last ordinary meeting of the Council.

 

Date:                 30 October 2017

Purpose:          Hobart Local Provision Schedule – Tasmanian Planning Scheme

 

Date:                 1 November 2017

Purpose:          Transport Strategy Workshop

5.       Public Question Time

 

No questions were received.

6.       Petitions

 

No petitions were received.

7.       Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

RECOMMENDATION

 

That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.

 

No supplementary items were received.

 

 

8.       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 conflicts 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.

 

The following interest was indicated:

 

Alderman Reynolds - item 11.

 

 Reports of Committees

 

City Planning Committee

 

9.       Council 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 Council 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 Council will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

 

The Council 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.

 

9.1      3 Argyle Street and 10-14 Davey Street, Hobart - Alterations

            pln-17-665 - File Ref: F17/143369

Ref:    Open CPC 7.1.1, 30/10/2017

Application Expiry Date: 21 November 2017

Extension of Time: Not applicable

 

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for alterations at 3 Argyle Street and 10­14 Davey Street, Hobart for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning agenda of 30 October 2017 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 PLN­17­665 ­ 3 ARGYLE STREET AND 10­14 DAVEY 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 approval in accordance with the Building Act 2016. Click here for more information.

 

 

Briscoe

Thomas                                      That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Deputy Lord Mayor Christie

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

9.2      3A Giblin Street and Giblin Street, Lenah Valley and 30 McRobies Road, South Hobart - Quarry Works (Deposting Fill)

            pln-17-527 - File Ref: F17/142735

Ref:    Open CPC 7.2.2, 30/10/2017

Application Expiry Date: 28 November 2017

Extension of Time: Not applicable

 

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for quarry works (depositing fill) at 3A Giblin Street and Giblin Street, Lenah Valley and 30 McRobies Road, South Hobart for the reasons outlined in the officer’s report attached to item 7.2.2 of the Open City Planning Committee agenda of 30 October 2017 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 PLN­17­527 ­ 3A GIBLIN STREET and GIBLIN STREET LENAH VALLEY and  30 MCROBIES ROAD SOUTH HOBART

TAS 7008 except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

PLN 11

Prior to the depositing of any fill, a sign (or signs) must be installed within the site near the exit with Giblin Street which recommends a maximum speed of 20km per hour for vehicles exiting onto Giblin Street.

 

Reason for condition

 

To reduce truck speed in the vicinity of the site.

PLN s1

The use of B­Double trucks at the site is not permitted.

 

Reason for condition

 

To clarify the scope of the permit.

PLN s2

A maximum of twenty (20) trucks per day are approved to deposit fill at the site under this planning permit.

 

Reason for condition

 

To clarify the scope of the permit.

ENV 8

All recommendations in sections 6.2, 6.3, 6.4, 6.5 and 8.0 of the Giblin Street Quarry Safety Bund and Quarry Rehabilitation Design Report by GHD dated June 2017 must be implemented except that:

 

1.    Construction of the fill deposits must be in accordance with the submitted design drawings where inconsistent with the report recommendations; and

 

2.    Removal of vegetation along access roads is limited to light trimming of overhanging trees.

 

Reason for condition

 

To ensure that the risk of landslide is acceptable or tolerable

ENV 9

 

Fill must not be placed within the drip line of any Eucalyptus species trees which have a diameter greater than 400mm at 1m above ground level as at the date of this permit.

 

Reason for condition

 

To clarify the scope of the permit

ENV 2

Sediment and erosion control measures, in accordance with an approved soil and water management plan (SWMP), must be implemented for the drain construction works, to minimise sediment transfer to the stormwater system.

 

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).

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

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.

ENV s1

Prior to the commencement of works, the potential slope failures on the access road discussed in section 6 of the Rock Face Hazard Assessment by GHD dated September 2015 must be investigated and assessed by a suitably qualified person, to determine if remedial works are necessary to ensure a tolerable level of risk to persons involved in the development works. If that assessment determines that remedial works are necessary, the recommended remedial works must be completed prior to any fill being deposited.

 

Reason for condition

 

To ensure that the risk of landslide is acceptable or tolerable

ENV s2

An approved revegetation plan for each of the fill deposits must be implemented within 12 months of the cessation of works creating the relevant fill deposit.

 

Within six (6) months of the cessation of filling operations for each fill deposit, a fill deposit revegetation plan must be submitted and approved. The revegetation plan must include details of proposed revegetation of the relevant fill deposit using native species with the aim of:

 

1.    Ensuring long­term stability of the fill deposit;

 

2.    Minimising erosion of the fill deposits; and

 

3.    Providing habitat for native fauna.

The revegetation plan must be developed in accordance with the advice of suitably qualified  people. 

 

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

 

Advice:

 

Once the fill deposit revegetation plan has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

Reason for condition

 

To minimise erosion and biodiversity impacts.

ENV s3

Stormwater pre­treatment for stormwater discharges from the development must be installed prior to commencement of filling operations.

 

A stormwater management report and design must be submitted and approved, prior to commencement of work. The stormwater management report and design must:

 

1.    Be prepared by a suitably qualified person;

2.    Include detailed design of the proposed treatment train, including final estimations of sediment removal;

3.    Minimize ongoing maintenance requirements and lifecycle costs; and

4.    Include a maintenance plan which outlines the operational and maintenance measures to check and ensure the ongoing effective operation of all systems, such as inspection frequency, cleanout procedures, descriptions and diagrams of how the installed systems operate, details of the life of assets and replacement requirements.

 

All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.

 

Advice:

 

Once the stormwater management report and design 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 possible pollution of drainage systems and natural watercourses 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 services e­planning

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

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

Click here for information with respect to noise nuisances in residential areas.

WEEKEND CONSULTATION

It is recommended that the Council undertake consultation with local residents prior to depositing fill on weekends. Please be advised that the development must be undertaken substantially in accordance with the approved documentation. As infilling of the quarry on the weekend was not proposed as part of the application, only the occasional infilling of the quarry on weekends would be considered to be substantially in accordance with the planning permit.

 

 

Briscoe

Denison                                    That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Deputy Lord Mayor Christie

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

9.3      2 Davies Avenue, Hobart - Demolition

            pln-17-719 - File Ref: F17/142822

Ref:    Open CPC 7.2.3, 30/10/2017

Application Expiry Date: 7 December 2017

Extension of Time: Not applicable

 

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition at 2 Davies Avenue, Hobart for the reasons outlined in the officer’s report attached to item 7.2.3 of the Open City Planning Committee agenda of 30 October 2017, 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 PLN­17­719 ­ 2 DAVIES AVENUE HOBART TAS 7000 ­ Final Planning Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

PLN 15

A demolition waste management plan must be implemented throughout demolition.

 

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

 

Advice:

 

Once the demolition waste management plan has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays. 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.

HER s2

The existing structure must be thoroughly documented.

 

Prior to the commencement of demolition work, high resolution photographs of each elevation, and some general external and internal photographs must be submitted and approved, together with a plan showing the location of each photograph capture. The photographs must be submitted in jpeg or tiff format - not PDF format.

 

Advice:

 

Once the photographs and plan have been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

Reason for condition

 

To provide an archival record of a redundant recreational structure within a Cultural Landscape Precinct.

HER s3

Demolition and salvage must be undertaken to ensure the protection and reuse where possible of heritage fabric.

 

Documentation must be submitted and approved, prior to the commencement of work. The documentation must indicate:

 

1.    What elements are to be salvaged;

2.    How and if elements will be used and reused;

3.    How and if the demolition is to be staged;

4.    How recording of the structure is to occur; and

5.    The form of the recording.

 

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

 

Advice:

 

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

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

Reason for condition

 

To ensure that demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage values unless there are exceptional circumstances.

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 services e­planning

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

BUILDING PERMIT

Building approval in accordance with the Building Act 2016. Click here for more information.

PLUMBING PERMIT

Plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially contaminated soil, water, dust and vapours. Click here for more information.

PROTECTING THE ENVIRONMENT

In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click here for more information.

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas.

WASTE DISPOSAL

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 regarding waste disposal can also be found on the Council’s website.

 

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

 

Briscoe

Thomas                                      That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Deputy Lord Mayor Christie

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

9.4      2 Derwent Lane, Battery Point - Partial Demolition, Alterations, Extensions and Outbuilding

            pln-17-425 - File Ref: F17/143266

Ref:    Open CPC 7.2.4, 30/10/2017

Application Expiry Date: 11 November 2017

Extension of Time: Not applicable

 

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approves the application for partial demolition, alterations, extensions and outbuilding at 2 Derwent Lane, Battery Point 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 PLN-17-425 - 2 DERWENT LANE BATTERY POINT TAS 7004 - Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW


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 2017/00945-HCC dated 24/08/2017 as attached to the permit. 

Reason for condition

To clarify the scope of the permit.

PLN 15


A demolition waste management plan must be implemented throughout demolition.

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

Advice:

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

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

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.

PLN s1


The garden pavilion must not to be used for the manoeuvring or parking of vehicles. The width of the doors within the northern elevation of the garden pavilion must be reduced, or their design otherwise altered,
to prevent the doors from being used to provide vehicular access to the building

Prior to the issue of any approval under the Building Act 2016 for the garden pavilion, revised plans must be submitted and approved demonstrating compliance with the above requirement.

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

Reason for condition

To ensure that the development complies with the performance criterion P7 for clause E13.8.4 Buildings and Works in Heritage Precinct BP1.

ENG sw6


All stormwater from the proposed development must be discharged to the Council’s infrastructure with sufficient receiving capacity prior to use. All costs associated with works required by this condition are to be met by the owner.

Design drawings of the proposed stormwater drainage and connections to Council infrastructure must be submitted and approved prior to the commencement of work. 

Reason for condition

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

ENG 5


The number of car parking spaces approved on the site is zero (0).

Reason for condition 

To ensure safe and efficient parking adequate to provided for the use.

ENG 1


The cost of repair of any damage to the Council’s 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’s 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’s 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’s infrastructure and/or site-related 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 – 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.

HER 9


The demolition of the sash windows on the south east wall and shown on the floor plan drawing A2-001 dated 24/5/2017 and on the east elevation drawing A3-004 dated 24/5/2017 is not approved. The sash windows on either side of the front door must be retained.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the existing sash windows on the either side of the front door retained and in situ.

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

Reason for condition

To ensure that demolition in part of a building within a heritage precinct does not result in the loss of historic cultural heritage values.

HER s2


All chimneys must be retained as is.

 

Prior to the issuing of any approval under the Building Act 2016, revised and annotated plans must be submitted and approved clearly demonstrating that all chimneys are to be retained. 

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


Reason for condition 

To ensure that no demolition in part of a building occurs within a heritage precinct that results in the loss of historic cultural heritage values.

 

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, by-laws, 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 services e-planning 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Once approved, the Council will respond to you via email that the condition 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. 

Discretionary Planning Permit issued pursuant to section 57 of the Land Use Planning and Approvals Act 1993

PLUMBING PERMIT


Plumbing permit in accordance with the Building Act 2016Building Regulations 2016 and the National Construction Code. Click 
here for more information.

STORMWATER


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. 

Services to be designed and constructed in accordance with the (IPWEA) LGAT- standard drawings. Click 
here for more information.

RIGHT OF WAY


The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

COUNCIL RESERVES


This permit does not authorise any works on the adjoining Council land. Any act that causes, or is likely to cause damage to Council’s land may be in breach of the Council’s Parks, Recreation and Natural Areas Bylaw and penalties may apply. The by law is available 
here

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.

 

 

 

WORK PLACE HEALTH AND SAFETY


Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially-contaminated soil, water, dust and vapours. Click 
here for more information. 

PROTECTING THE ENVIRONMENT

In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click 
here for more information. 

SENSITIVE USE ON CONTAMINATED LAND

The environmental site assessment by GES Geo Environmental Solutions, 2 Derwent Lane, April 2017 demonstrates that there are elevated levels of heavy metals present in the soil of 2 Derwent Lane, Battery Point. Ongoing use of the site as a residential premise should consider the inherent risks with dermal exposure to the elevated levels of lead and other heavy metals in the soil. To ensure minimal risk to ongoing site users the appropriate installation of sealed surfaces should be considered across the site and the growing of fruit trees, vegetable gardens and the keeping of poultry avoided in order to minimize risk to human health.

NOISE REGULATIONS


Click 
here for information with respect to noise nuisances in residential areas.

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.

 

 

Briscoe

Denison                                     That the recommendation be adopted.

 

Procedural Motion

 

Thomas

Zucco                                                                                                                          

That discussion of the matter be deferred for 30 minutes to enable officers to consult with the applicant in relation to the granting of an extension of time for the application.

PROCEDURAL MOTION LOST

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

Deputy Lord Mayor Christie

Zucco

Ruzicka

Briscoe

Sexton

Thomas

Cocker

Denison

Reynolds

 

Harvey

 

 

 

MOTION LOST

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

Deputy Lord Mayor Christie

Denison

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Reynolds

 

Harvey

 

Ruzicka

Sexton  

That the application for 2 Derwent Lane, Battery Point be refused in accordance with the recommendation included in the City Planning Agenda of 30 October 2017.  

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Christie

Lord Mayor Hickey

Zucco

Denison

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Reynolds

 

Harvey

 

 

 

COUNCIL RESOLUTION:

 

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations, extensions and outbuilding at 2 Derwent Lane, Battery Point for the following reasons:

 

1.      The proposal does not meet the acceptable solution A1 or the performance criterion P1 with respect to clause E13.8.1 Demolition of the Hobart Interim Planning Scheme 2015 because the proposed demolition would result in the loss of buildings or works that contribute to the historic cultural heritage significance of the Battery Point 1 Heritage Precinct.

 

2.      The proposal does not meet the acceptable solution A1 or the performance criterion P1 with respect to clause E13.8.2 Buildings and Works other than Demolition of the Hobart Interim Planning Scheme 2015 because the design and siting of the proposed buildings and works would result in detriment to the historic cultural heritage significance of the Battery Point 1 Heritage Precinct.

 

3.      The proposal does not meet the acceptable solution A3 or the performance criterion P3 with respect to clause E13.8.2 Buildings and Works other than Demolition of the Hobart Interim Planning Scheme 2015 because the proposed extension would detract from the historic cultural heritage significance of the Battery Point 1 Heritage Precinct.

 

4.      The proposal does not meet the acceptable solution A5 or the performance criterion P5 with respect to clause E13.8.2 Buildings and Works other than Demolition of the Hobart Interim Planning Scheme 2015 because the proposed removal of an area of landscaping between the existing dwelling and Derwent Lane would result in the loss of elements of landscaping that contribute to the historic cultural significance and the streetscape values and character of the Battery Point 1 Heritage Precinct.

 

5.      The proposal does not meet the acceptable solution A3 or the performance criterion P3 with respect to clause E13.8.4 Buildings and Works in Heritage Precinct BP1 of the Hobart Interim Planning Scheme 2015 because the height of the proposed development would be obtrusive in the streetscape and would detract from the pattern of development that is a characteristic of the cultural heritage significance of the Battery Point 1 Heritage Precinct in the vicinity of the site.

 

6.      The proposal does not meet the acceptable solution A5 or the performance criterion P5 with respect to clause E13.8.4 Buildings and Works in Heritage Precinct BP1 of the Hobart Interim Planning Scheme 2015 because the proposed rear setback of the principal building on the site would detract from the layout pattern of development that contributes to the cultural heritage significance of the Battery Point 1 Heritage Precinct.

 

7.      The proposal does not meet the acceptable solution A6 or the performance criterion P6 with respect to clause E13.8.4 Buildings and Works in Heritage Precinct BP1 of the Hobart Interim Planning Scheme 2015 because the proposed building would detract from the pattern of development that is a characteristic of the cultural heritage significance of the Battery Point 1 Heritage Precinct in the vicinity of the site.

 

 

 

9.5      99 Salamanca Place, Battery Point - Demolition

            pln-17-737 - File Ref: F17/143431

Ref:    Open CPC 7.2.5, 30/10/2017

Application Expiry Date: 13 December 2017

Extension of Time: Not applicable

 

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for demolition at 99 Salamanca Place, Battery Point for the reasons outlined in the officer’s report attached to item 7.2.5 of the Open City Planning Committee agenda of 30 October 2017 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 PLN­17­737 ­ 99 SALAMANCA PLACE BATTERY POINT TAS 7004 ­ CPC Agenda Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

PLN 15

A demolition waste management plan must be implemented throughout demolition.

 

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

 

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

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

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.

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 services e­planning

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

BUILDING PERMIT

Building approval in accordance with the Building Act 2016. Click here for more information.

PLUMBING PERMIT

Plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially contaminated soil, water, dust and vapours. Click here for more information.

PROTECTING THE ENVIRONMENT

In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click here for more information.

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas.

WASTE DISPOSAL

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 regarding waste disposal can also be found on the Council’s website.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

 

 

Briscoe

Harvey                                      That the recommendation be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Deputy Lord Mayor Christie

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

 

 

 

 

9.6      20 Stoney Steps Road - New House - ETA-17-138

            File Ref: F17/143549

Ref:    Open CPC 7.2.7, 30/10/2017

 

That the request ETA-17-138 to extend the time in which to substantially commence planning permit PLN-15-00390-01 relating to a new house at 20 Stoney Steps Road, South Hobart be granted.

 

 

Briscoe

Thomas                                                  That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Deputy Lord Mayor Christie

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

 

10.      Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment PSA-17-5 and S43A Permit Application - 286 Argyle Street, North Hobart - Consideration of Representation

            File Ref: F17/141206; PSA-17-5

Ref:    Open CPC 8.1, 30/10/2017

 

That:   1.    Pursuant to Section 39(2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council endorse the report marked as item 8.1 of the Open City Planning Committee agenda of 30 October 2017, as the formal statement of its opinion as to the merit of the representation received during the exhibition of the draft PSA-17-5 amendment and S43A permit.

            2.    Pursuant to Section 39 (2) of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that the PSA-17-5 Amendment to the Hobart Interim Planning Scheme 2015 and combined S43A permit be approved as certified.

 

 

 

Briscoe

Reynolds                                            That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Deputy Lord Mayor Christie

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

 

11.      Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment PSA-17-3 -Central Business Zone Height Standards - Consideration of Representations

            File Ref: F17/141776; PSA-17-3

Ref:    Open CPC 2.1, 2/11/2017

 

That:   1.    Pursuant to Section 39(2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council endorse the report attached to item 2.1.1 of the Special City Planning Committee of 2 November 2017 as the formal statement of its opinion as to the merit of the representations received during the exhibition of the draft PSA-17-3 Amendment.

2.    Pursuant to Section 39(2) of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that the PSA-17-3 Amendment to the Hobart Interim Planning Scheme 2015 be modified as shown in Attachment B to the report referenced in clause 1 above inclusive of the following variations:

(a)     Clause (f) of the Regional Scale and clause (h) of the Precinctual Scale be varied to read as follows:

(i)      Regional Scale:

(f)      The unique and nationally significant heritage assets in the city centre will continue to be protected and celebrated as a central and defining feature of the area adding to the economic, social and cultural value of the City as a whole.

(ii)     Precinctual Scale:

(h)     The city centre will develop in a way that protects and enhances the characteristics of the area that contribute to its cultural heritage and economic significance.

 

 

PROCEDURAL MOTION TO Adjourn the Meeting

 

Zucco

Sexton                                                                                                                        

 

That the meeting be now adjourned and moved into Closed session.

 

 

ADJOURNMENT MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Deputy Lord Mayor Christie

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

The meeting was adjourned at 5.53 pm and reconvened at 6.21 pm.

 

The Lord Mayor declared an interest in item 11 and retired. The Deputy Lord Mayor took the Chair.

 

Alderman Reynolds declared an interest in item 11 and remained in the public gallery for the item.

 

 

Briscoe

Harvey                                                  That the recommendation be adopted.

 

Amendment

 

Ruzicka

Thomas                                                                                                                       

That clause 2 (a)(ii)(h) include the word “social”, before “and economic significance”.

 

 

AMENDMENT CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Christie

Denison

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Harvey

 

 

 

 

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Christie

Zucco

Briscoe

Denison

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Harvey

 

 

COUNCIL RESOLUTION:

 

That:   1.    Pursuant to Section 39(2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council endorse the report attached to item 2.1.1 of the Special City Planning Committee of 2 November 2017 as the formal statement of its opinion as to the merit of the representations received during the exhibition of the draft PSA-17-3 Amendment.

2.    Pursuant to Section 39(2) of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that the PSA-17-3 Amendment to the Hobart Interim Planning Scheme 2015 be modified as shown in Attachment B to the report referenced in clause 1 above inclusive of the following variations:

(a)     Clause (f) of the Regional Scale and clause (h) of the Precinctual Scale be varied to read as follows:

(i)      Regional Scale:

(f)      The unique and nationally significant heritage assets in the city centre will continue to be protected and celebrated as a central and defining feature of the area adding to the economic, social and cultural value of the City as a whole.

(ii)     Precinctual Scale:

(h)     The city centre will develop in a way that protects and enhances the characteristics of the area that contribute to its cultural heritage, social and economic significance.

 

 

 

Motions of which notice has been given

 

IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015

 

12.      Re-Appointment of a State Architect

            File Ref: F17/143451; 13-1-9

Ref:    Open CPC 9.1, 30/10/2017

 

Motion:

“That in the interest of good design for our city, region and state, the Council call upon the state government to reinstate the position of State Architect.”

 

 

The motion lapsed due to the absence of the proponent.

  

13.     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          Communication from the Chairman

Item No. 3          Leave of Absence

Item No. 4          Consideration of supplementary Items to the agenda

Item No. 5          Indications of pecuniary and conflicts of interest

Item No. 6.1       PLN-17-212 - 4 Garth Avenue, Sandy Bay - Appeal - Mediation

LG(MP)R 15(4)(a) 

Item No. 7          Vodafone Call Centre - Alirenste Pty Ltd

LG(MP)R 15(2)(i)  

 

Ruzicka

Sexton                                                                              That the items be noted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Christie

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

 

 

   

The Chairman adjourned the meeting at 6.50 pm to conduct the closed portion of the meeting.

 

The meeting reconvened at 7.00 pm.

 

Item 13 was then taken.

 

There being no further business the meeting closed at 7.01 pm.

 

 

 

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
20th DAY OF november 2017.

CHAIRMAN