Minutes (Open Portion)

City Planning Committee Meeting

Page 2

11/12/2017

Minutes (Open Portion)

City Planning Committee Meeting

Page 4

11/12/2017

BURNET

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 27 November 2017, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

Minutes (Open Portion)

City Planning Committee Meeting

Page 7

11/12/2017

7.1.1   479 Sandy Bay Road - PLN-17-327

RUZICKA

That the recommendation contained in the memorandum of the Manager Development Appraisal of 1 December 2017, be adopted, amended by the following:

1.      That the words and a transparency of no more than 25% be inserted after the words 1.7 metres in paragraph 1 of clause PLN 1.

2.      That the words with a transparency of no more than 25% be inserted after the word structure in paragraph 1 of clause PLN 2.

3.      That the words and a transparency of no more than 25% be inserted after the words 1.7 metres in paragraph 1 of clause PLN 4.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve planning application PLN-17-327 for Partial Demolition, Alterations, Extension and Partial Change of Use to Multiple Dwellings and Home-Based Business at 479 Sandy Bay Road, Sandy Bay 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-17-327 - 479 SANDY BAY ROAD SANDY BAY TAS 7005 - 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 2017/00695-HCC dated 21/08/2017 as attached to the permit. 

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. 5312 dated 19 October 2017, as attached to the permit. 

Reason for condition

To clarify the scope of the permit.

PLN 1

Planters containing vegetation screening with a minimum height of 1.7 metres and a transparency of no more than 25% infilling 1.5m from the southern corner of the second floor deck of apartment 2 must be installed and maintained prior to the first occupation.

Plans must be submitted and approved prior to the issuing of any approval under the Building Act 2016. The plans must show details to satisfy the above requirement. 

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

Reason for condition
                                          
To provide reasonable opportunity for privacy for dwellings.

PLN 2

Planters (or a similar structure) with a transparency of no more than 25% infilling a distance 1.5m back from the northern end of the second floor deck of apartment 1 must be installed prior to the first occupation.

Plans must be submitted and approved prior to the issuing of any building approval under the Building Act 2016. The plans must show details to satisfy the above requirement. 

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

Reason for condition 

To provide reasonable opportunity for privacy for dwellings.

PLN 4

Vegetation screening with a minimum height of 1.7 metres and a transparency of no more than 25% must be planted along the northern side of the second floor deck of apartment 2 prior to first occupation. The vegetation must be maintained, and replacement vegetation must be planted if any is lost. 

Plans must be submitted and approved prior to the issuing of any building permit under the Building Act 2016. The plans must show the location, height, type of vegetation to satisfy the above requirement. 

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

Reason for condition

To minimise visual impact and provide privacy to adjoining properties.

ENG sw2

The Council’s stormwater infrastructure passing through the subject site must be protected from damage during the construction of the development.

Digital copies of a pre- works CCTV video (and associated report) of the Council stormwater main must be undertaken and submitted to the Council prior to the issue of any approval under the Building Act 2016 or the commencement of work (whichever occurs first).

The post construction CCTV 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 pre-construction CCTV video of the Council’s infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

Advice: Once the pre-works CCTV 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 ensure that any of the Council infrastructure and/or site-related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost; and that the condition of the infrastructure is assessed prior to access being reduced. 

ENG sw2.1

Digital copies of a post construction CCTV video (and associated report) of the Council stormwater main passing through the site must be undertaken after completion of all work and submitted to the Council prior to issue of any occupancy or completion certificate.

The post construction CCTV 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 pre-construction CCTV video of the Council’s infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

Advice: Once the post-works CCTV 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 ensure that any of the Council infrastructure and/or site-related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENG sw3

The proposed works (including footings and overhangs) must be designed to ensure the long term protection of and access to the Council’s stormwater infrastructure.

Detailed engineering design must be submitted and approved prior to issue of any approval under the Building Act 2016 or commencement of works (whichever occurs first).

The detailed design must:

1.      Demonstrate how the design will provide adequate access to the main, impose no additional loads onto the main and that the structure will be fully independent of the main and its trenching. 

2.      Include cross-sections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works, and stating the minimum setbacks from the works to the nearest external surface of the main.

3.      Accurately locate the buried access chamber within the site.  This must be made accessible at all times, e.g. raised to finished surface (if outside the proposed enclosure) or relocated to be outside the proposed enclosure.  Engineering plans detailing any works required to the public infrastructure must include clearances from obstacles including services and the fuel tanks. 

4.      Be certified by a suitably qualified engineer.

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

Advice:

Once the detailed design has been approved you will need to contact Council’s City Infrastructure Division to obtain a Permit to Construct Public Infrastructure for any alterations to the public infrastructure. 

Reason for condition

To ensure the protection of the Council’s hydraulic infrastructure.

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.  Any damage must be immediately reported to 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 2

Sediment and erosion control measures sufficient to prevent sediment leaving the site and 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; and any Environmental Site Assessments addressing risk of contaminated soils and water.  

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.

HER 9

The demolition of the brick pier on the south east corner of the lot, adjacent to the property known as 1 Maning Avenue is not approved. The brick pier must be retained. 

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.

HER 5

This permit does not include approval for signage. Details of any new signage proposed must be submitted as a separate planning application.

Reason for condition

To clarify the scope of the permit.

SURV 8

The applicant, at no cost to the Council, must have prepared, entered into, and registered at the Land Titles Office, a deed pursuant to section 75CA of the Conveyancing and Law of Property Act 1884 for the encroachment of the old service station canopy and deck over Sandy Bay Road and Maning Avenue, prior to the issue of a completion certificate 

Advice: A Section 75CA Conveyancing & Law of Property Act 1884 certificate for the occupation of a Highway requires that the encroachment is a minimum 2.40 metres above the footpath or 4.25 metres above the road carriageway. A 600mm set back from the back of kerb may also be required.

The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing & Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated $220 Council application fee and the Land Titles Office registration fee, to the Council for execution and subsequent registration within the Land Titles Office.

Reason for Condition

To ensure that the proposed or existing building encroachment over Sandy Bay Road and Maning Avenue is formalised in accordance with statutory provisions.

Part 5 1

Prior to the commencement of work, the owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 with respect to:

Building near Council’s stormwater infrastructure.  The owner must agree:

1.      To indemnify Council against any costs or claims arising from building over the Council’s stormwater main or for damages incurred in the act of performing operation, maintenance, or replacement tasks on the stormwater main

2.      To not perform any future works within 3m of the main, including replacement of footings, without prior written permission from the Council; and

3.      That should the Council need to access the Council’s stormwater drainage infrastructure under the podium structure, then all works associated with dismantling and reconstructing the podium structure will be at the owner’s cost.

All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.

The owner must comply with the Part 5 Agreement which will be placed on the property title.

Reason for condition

To ensure that Council's stormwater infrastructure is protected.

SUB s1

The boundaries of 479 Sandy Bay Road (CT 222066/1) must be re-established by a registered land surveyor prior to the issue of any building approval issued under the Building Act 2016 (if applicable), or the commencement of works on site (whichever occurs first).

Reason for condition

To ensure that the proposed additions and alterations to the building are contained within the title boundaries and do not encroach onto Sandy Bay Road, Maning Avenue or the adjoining properties.

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

Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

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

STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN

The design of structures (including footings) must provide protection for the Council’s infrastructure. For information regarding appropriate designs please contact the Council's City Infrastructure Division.

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. 

DIAL BEFORE YOU DIG

Click here for dial before you dig information. 

STRATA TITLING ADVICE

A portion of the existing old service station canopy and the south-eastern support pillar for the canopy could be located within land comprised in CT 249129/1. While this land is administered by Council as part of the Maning Avenue statutory highway it is owned by The Perpetual Trustees and Agency Company of Tasmania Limited.

If the applicant intends strata titling the development the encroachment of the support pillar within CT 249129/1 will prevent strata titling as a registered surveyor will be unable to certify the strata plan under section (5)(4) of the Strata Titles Act 1998. This section requires a strata plan to be endorsed with a certificate of a registered surveyor certifying that the building or buildings shown on the plan are within the boundaries of the site or that any encroachment beyond those boundaries is properly authorised according to law. The portion of road that the support pillar encroaches upon, (if this is the case) will not be able to be closed and transferred to the owner of 479 Sandy Bay Road as Council do not own the land.

7.1.2   78 Athleen Avenue and 85 Athleen Avenue, Lenah Valley - Multiple Dwellings

DENISON

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 21 November 2017, be adopted, amended by the following:

1.      The addition of clause PLN 5 to read as follows:

          “PLN 5

          Mature vegetation screening or a screening structure of sufficient height and width to minimise light spill from vehicles travelling south on the proposed access must be provided and maintained between the southern end of the driveway/manoeuvring area and the southern boundary of the site prior to occupation of any of the approved dwellings.

Prior to the issue of any approval under the Building Act 2016, drawings showing details that comply with the above requirements to the satisfaction of the Council's Director City Planning must be submitted and approved.  If vegetation is used in the screening, the drawings must include details of the species, number of plants to be planted, their location, and their mature height.

If any vegetation used in the screening dies or is destroyed, replacement vegetation of a similar size must be planted within 30 days. 

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

Reason for condition 

To ensure that impacts upon the residential amenity of 41 Ruth Drive associated with potential light spill from the headlights of vehicles travelling south on the approved access are minimised.”

2.      The addition of the following advice clause to read as follows:

“PEDESTRIAN ACCESS

The Applicant is strongly encouraged to consider incorporating a footpath or similar into the proposal to enable safe pedestrian access to all dwellings.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for multiple dwellings at 78 Athleen Avenue and 85 Athleen Avenue Lenah Valley for the reasons outlined in the officer’s report, attached to item 7.1.2 of the Open City Planning Committee agenda of 11 December 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 PLN­17­395 ­ 78 ATHLEEN AVENUE LENAH VALLEY TAS 7008 ­ 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 2017/00823­HCC dated 08/06/2017 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 5

Mature vegetation screening or a screening structure of sufficient height and width to minimise light spill from vehicles travelling south on the proposed access must be provided and maintained between the southern end of the driveway/manoeuvring area and the southern boundary of the site prior to occupation of any of the approved dwellings.

Prior to the issue of any approval under the Building Act 2016, drawings showing details that comply with the above requirements to the satisfaction of the Council's Director City Planning must be submitted and approved.  If vegetation is used in the screening, the drawings must include details of the species, number of plants to be planted, their location, and their mature height.

If any vegetation used in the screening dies or is destroyed, replacement vegetation of a similar size must be planted within 30 days. 

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

Reason for condition 

To ensure that impacts upon the residential amenity of 41 Ruth Drive associated with potential light spill from the headlights of vehicles travelling south on the approved access are minimised.

PLN s1

The hardstanding area to the south of the carparking for unit 8 is not approved. The continuation of the common driveway to the property boundary is not approved and the common driveway must stop a minimum of 4m from the southern (rear) property boundary.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the amended driveway and hardstanding area, in accordance with the above requirement.

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

Reason for condition

To ensure that the proposed driveway does not cause an undue impact on the amenity of adjacent properties and that it complies with the building envelope requirements for the General Residential Zone of the Hobart Interim Planning Scheme 2015.

ENG sw2

A pre­works CCTV video of Council's stormwater mains within two metres of any works (including driveways and cut/fill) must be undertaken and submitted to Council prior to the commencement of work.

The post construction CCTV 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 pre construction CCTV video of the Council’s infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV 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 sw2.1

A post­works CCTV video of the Council's stormwater main within two metres of any works must be undertaken and submitted to the Council on completion of all work.

The post­works CCTV 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 pre­construction CCTV video of the Council’s infrastructure, then any damage to the Council's infrastructure identified in the post­works CCTV 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 sw3

The proposed works (including cut/ fill, driveways, footings and overhangs) must be designed to ensure the long term protection of and access to the Council’s stormwater infrastructure.

A detailed engineering design must be submitted and approved prior to issue of any approval under the Building Act 2016 or commencement of works (whichever occurs first).

The detailed engineering design must:

1.       Demonstrate how the design will maintain the overland flow path, provide adequate access to the main, impose no additional loads onto the main, and show that the structure will be fully independent of the main and its trenching.

2.       Include cross­sections clearly showing the relationship both vertically and horizontally between the Council’s stormwater infrastructure and the proposed works (including footings), and state the minimum setbacks from the works to the nearest external surface of the main.

3.       Include a long­section of the Council's stormwater main passing through the site clearly showing proposed cover. If the cover is less than 600mm, engineering details and full calculations to relevant Australian standards (including construction traffic loading) must be submitted to demonstrate the mains can withstand the likely forces and will be adequately protected. All assumptions must be stated.

4.      Be certified by a suitably qualified engineer

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

Reason for condition

To ensure the protection of the Council’s hydraulic infrastructure.

ENG sw5

Should any alterations to Council's stormwater infrastructure be required, the new stormwater infrastructure must be designed and constructed at the owner's cost prior to the commencement of the use.

Engineering drawings must be submitted and approved, prior to issue of any approval under the Building Act 2016 or commencement of work (whichever occurs first). The engineering drawings must:

1.       Be certified by a qualified and experienced civil engineer; and

2.       Include a plan and long­section of the proposed stormwater infrastructure.

Should the alterations be to the main, the detailed plans must include (but not be limited to) hydraulic grade line, velocities, flows, clearances, cover, gradients, sizing, material, pipe class, easements and inspection openings, and include a construction method for the proposed diversion of the stormwater main to maintain services to third­parties.

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

Advice:

Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Division to initiate an Application for Service Connection and/or Permit to Construct Public Infrastructure.

Reason for condition

To ensure Council’s hydraulic infrastructure meets acceptable standards.

ENG sw7

Stormwater pre­treatment for stormwater discharges from the development must be installed at the owner's cost prior to commencement of use.

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

1.       Be prepared by a suitably qualified engineer;

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

3.       Include a Stormwater Management Summary Plan that outlines the obligations for future property owners to stormwater management, including 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).

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

ENG 2

Vehicle crash barriers compliant with the Australian/New Zealand Standard AS / NZS 1170.1 must be installed prior to the first occupation where the fill batter slope from the edge of the driveway/parking area is greater (steeper) than 1 vertical in 4 horizontal.

A certified design/report prepared by a suitably qualified engineer, to satisfy the above requirements, must be provided to the Council prior to commencement of work.

All works, required by this condition must be undertaken in accordance with certified design/report. Upon completion the barriers must be inspected by a qualified engineer and a certification submitted to the Council, confirming that the installed barriers comply with the above requirement.

Advice:

Once the engineer certified design/report has been approved, the Council will issue a condition endorsement with regard to the vehicle crash barrier design (see general advice on how to obtain condition endorsement).

Upon completion of the works and following submission of the engineers certification, the Council will issue a condition endorsement with regard to the completed vehicle crash barrier construction (see general advice on how to obtain condition endorsement).

Where building approval is also required, it is recommended that documentation for condition endorsement required for action prior to commencement of work, 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 the safety of users of the driveway/parking and compliance with the standard.

ENG 4

The driveway and car parking area approved by this permit must be constructed to a sealed standard and surface drained prior to the first occupation.

Reason for condition

To ensure safe access is provided for the use.

ENG 5

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004, prior to first occupation.

Reason for condition

To ensure the provision of parking for the use is safe and efficient.

ENG 7

The number of car parks spaces approved on the site is nineteen (19). The parking area must be lined marked on the site prior to the commencement of the use.

Reason for condition

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

ENG 10

A certificate signed by a suitably qualified engineer, certifying that the driveway, car parking and stormwater drainage has been constructed in accordance with the plans, drawings, design and reports approved under conditions ENG 14, ENG sw3, ENG sw5, and ENG sw7, must be lodged with the Council prior to the issuing of any Completion or Occupancy Certificate under the Building Act 2016.

Reason for condition

To ensure the safety of users of the access / parking / highway reservation / adjacent properties.

ENG 14

Parking, access and turning areas must be generally designed and constructed in accordance with the Australian Standard Parking facilities, Part 1: Off­Street Carparking, AS 2890.1 – 2004, prior to the first occupation.

Design drawings must be certified by a suitably qualified engineer, submitted and approved, prior to commencement of work. The design drawings must:

1.       Show dimensions, levels and gradients, transitions and other details as necessary to satisfy the above requirement.

2.       Show longitudinal section and cross sectional details.

3.       Show the extent of earthworks including batter slopes and treatments to ensure batters will be stable and properly drained.

4.       Show retaining wall details.

5.       Show vehicle crash barrier details.

6.       Show the layout of the parking spaces.

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

Advice: Once the design drawing 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 the access and parking layout for the development is to accepted standards.

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. All damage must be immediately reported to 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, pre­existing 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 site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 2

Sediment and erosion control measures, sufficient to prevent sediment leaving the site and 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. The SWMP is not limited to, but must:

1.       Clearly show the top of bank of Pottery Creek and the 10m setback area;

2.       Show all areas of earthworks and ground disturbance, both permanent and temporary;

3.       Include specific designs for all proposed controls such as pit inlet protection, sediment fences, cut­off drains, stabilised access points, washdown facilities and sediment ponds;

4.       Indicate responsible persons and monitoring and maintenance regimes;

5.       Demonstrate that no permanent earthworks or ground disturbance will occur within the 10m creek setback area;

6.       Show all areas of vegetation removal (including groundcovers);

7.       Demonstrate that no significant vegetation removal or permanent removal of groundcover vegetation will occur within the 10m creek setback area;

8.       Demonstrate that no vegetation removal will occur within the 10m setback area; and

9.       Include ground stabilisation measures for all areas of temporarily disturbed ground.

All work must be undertaken in accordance with this condition and 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.

SUB s1

A reciprocal right of way 7.20 metres wide to the satisfaction of the Council must be created by transfer in accordance with section 58 of the Land Titles Act 1980 and registered on certificates of title 171006/14 and 171006/15, prior to the issue of any approval pursuant to the Building Act 2016 (if applicable), or the commencement of works on site (whichever occurs first).

Reason for condition

To ensure that the proposed units have legal access.

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.

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

PLUMBING PERMIT

Plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. 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).

STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN

The design of structures (including footings) must provide protection for the Council’s infrastructure. For information regarding appropriate designs please contact the Council's City Infrastructure Division.

IMPACT ON EXISTING PERMIT ON ADJOINING PROPERTY

There is an existing planning permit for 85 Athleen Avenue (PLN­16­00678­01). This planning permit for 78 Athleen Avenue (PLN­17­395) may impact on the existing planning permit for 85 Athleen Avenue. Whichever planning permit is acted on first may compromise the ability for the other planning permit to be acted upon.

STORM WATER / 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.

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.

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.

PART 5 AGREEMENT

Please note that the owner(s) of this property are subject to a Part 5 Agreement with Hobart City Council (E37907) that requires the owner(s) to comply with the recommendations of the Geotechnical Management Plan attached to the Agreement.

Please ensure all detailed designs and works undertaken are consistent with the GMP recommendations. An experienced and suitably­qualified geotechnical practitioner and/or civil engineer with appropriate expertise should endorse all relevant designs and supervise and/or inspect works as necessary to avoid breaching the Agreement.

One of the requirements of the GMP is that prior to any permanent cutting of filling and prior to the construction of any retaining walls, drawings demonstrating compliance with this condition 11 of the subdivision permit (included in the Part 5 Agreement) must be submitted to and approved by the Council's Director City Planning.

Copies of the Part 5 Agreement are available from The LIST website via the ‘Scanned Dealings’ section.

PEDESTRIAN ACCESS

The Applicant is strongly encouraged to consider incorporating a footpath or similar into the proposal to enable safe pedestrian access to all dwellings.

7.1.3   6 Ryde Street, North Hobart - Partial Demolition, Alterations and Extension (Re-Advertised - Amended Proposal)

RUZICKA

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Manager Development Appraisal of 29 November 2017, be adopted.

AMENDMENT

DENISON

That clause HER S1 be deleted.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for Partial Demolition, Alterations and Extension (Re-Advertised – Amended Proposal) at 6 Ryde Street, North Hobart for the reasons outlined in the officer’s report, attached to item 7.1.3 of the Open City Planning Committee agenda of 11 December 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 PLN­17­383 ­ 6 RYDE STREET NORTH HOBART TAS 7000 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s4

The setback of the extension from the north eastern side boundary with 4 Ryde Street is 1.2m.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the extension setback 1.2m from the side boundary, in accordance with the above requirement.

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

Reason for condition

To clarify the scope of the works.

ENG sw4

The proposed new stormwater connection to the kerb and gutter in Ryde Street must be constructed, and any existing stormwater connections to be abandoned sealed, by the Council at the owner’s expense, prior to the issue of any approval under the Building Act 2016.

Advice:

A stormwater service connection must be approved by Council's City Infrastructure Unit prior to construction of the stormwater service connection. A road opening permit may also be required if the stormwater service connection works will be undertaken within the highway reservation. Please contact Council’s City Infrastructure Unit to initiate an application for a stormwater service connection and obtain a Road Opening Permit if required.

Reason for condition

To ensure the site is drained adequately.

ENG sw6

All stormwater runoff from the proposed development (including runoff new roof areas) must be discharged to the Council’s stormwater drainage system via the new kerb and gutter stormwater connection on Ryde Street prior to commencement of use.

Advice:

Note that there may be a private shared stormwater drain that serves number 8 and 10 Ryde Street located at the rear of 6 Ryde Street close to the rear boundary. The exact location is unknown as the Council has no record of this system (which also appears to drain 6 Ryde Street), but care must be taken not to damage this system when the building extension is carried out.

It is recommended that all stormwater from the property is directed to the new kerb and gutter stormwater connection on Ryde Street.

Reason for condition

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

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, pre­existing 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 site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site. 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.

BUILDING PERMIT

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

This is a 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 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

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.

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.

7.1.4   168 Collins Street, Hobart - Partial Demolition and Alterations

BURNET

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Manager Development Appraisal of 4 December 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition and alterations at 168 Collins Street, Hobart for the reasons outlined in the officer’s report, attached to item 7.1.4 of the Open City Planning Committee agenda of 11 December 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 PLN­17­756 ­ 168 COLLINS STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 1

The cost of repair of any damage to the Council'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, pre­existing 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 site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site. 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.

BUILDING PERMIT

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

This permit is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

Plumbing approval 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 for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

General Exemption permits for construction vehicles i.e. residential or meter parking/loading zones. 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.

WORK PLACE HEALTH AND SAFETY

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

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.

8.1      European Union World Cities Project - Katowice Poland

BURNET

That the recommendation contained in the report of the Director City Planning of 6 December 2017, be adopted, amended by the following:

1.      The addition of the following clause read as follows:

“3.     Alderman Briscoe’s verbal report in relation to the progress of the project following meetings with the City of Katowice, Poland and his attendance at the Cities and Regional Conference in Brussels from 9 to 13 October 2017, be noted accordingly.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:  1.     The Hobart City Council explore with the City of Katowice the opportunity for a joint presentation on the challenges and initiatives for our respective cities on climate change to the UN Climate Change Conference COP 24 to be hosted by Katowice in December 2018.

2.    That the City of Hobart encourage the University of Tasmania Hedberg to explore opportunities in collaborating with a suitable cultural and or educational institution in Katowice with the aim of furthering both cities creative and cultural learnings.

3.    Alderman Briscoe’s verbal report in relation to the progress of the European Union Would Cities Project following meetings with the City of Katowice, Poland and his attendance at the Cities and Regional Conference in Brussels from 9 to 13 October 2017, be noted accordingly.

8.2      Significant Trees - Vegetation Management

RUZICKA

That the recommendation contained in the report of the Manager Planning Policy & Heritage and  Director City Planning of 6 December 2017, be adopted, amended by the following:

1.      An additional clause to read as follows:

“3.     Further advice be sought on what legislative changes are needed to control tree removal over a certain size or vegetation communities.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   1.    The significant tree assessment criteria be amended as indicated in Attachment A to item 8.2 of the Open City Planning Committee agenda of 11 December 2017.

2.    Nominations for additions to the Significant Tree List in the Hobart Interim Planning Scheme 2015 be invited through a public process commencing in February 2018 and that in future nominations be sought from the public every 3 years.

3.    Further advice be sought on what legislative changes are needed to control tree removal over a certain size or vegetation communities.

8.3      City Planning - Advertising List

BURNET

That the recommendation contained in the report of the Director City Planning of 4 December 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information be received and noted.

8.4      Delegated Decisions Report (Planning)

RUZICKA

That the recommendation contained in the report of the Director City Planning of 4 December 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information be received and noted.

9.1      UNESCO's Historical Urban Landscape Approach and Hobart's Heritage Precincts

RUZICKA

That in accordance with Council’s policy, the following Notice of Motion which was adopted by the City Planning Committee , be considered by the Council.

MOTION CARRIED

VOTING RECORD

Motion:

“A report be prepared on the following:

1.    Whether the UNESCO Historic Urban Landscape (HUL) approach would have value in managing identification, assessment and consideration of Hobart’s Heritage Precincts in the planning process;

2.    The progress to date on the City’s Heritage Precincts approach;

3.    The capacity to use GIS and other data to determine any correlation between heritage precinct areas and real estate values (using perhaps one or two precincts for comparison) as one of a suite of useful tools to overcome negative perceptions of heritage listing;

4.    Further opportunities for appropriate briefings for Council with a relevant professional on the HUL approach; and

5.    The capacity for a pilot program based on the City of Ballarat learnings for a community consultation on a Heritage Precinct level, and methodology for selecting the most appropriate pilot Heritage Precinct.”

Rationale:

“Planning development applications over the past twelve months have revealed public concerns over the implications of Heritage Precincts in the City of Hobart Interim Planning Scheme in residential areas.  Negative media comment and certain actions by developers on heritage listing and precincts needs to be countered with evidence and a positive learning approach for property owners in heritage precinct areas.

The City of Ballarat’s implementation of the UNESCO Historical Urban Landscape principles provides a model for understanding and communicating the benefits of Heritage Precinct listings from both the viewpoint of City Planners and property owners.  In particular, Susan Fayad from the City of Ballarat provided a good overview of the understanding of, and the level of assessing its value to residents, of heritage at the 2017 LGAT Conference, and this presentation was also received favourably at the Tasmanian Heritage Council (pers. comm. Council briefing).  It is the three questions asked then that could elicit the level of appreciation and value from property owners in Heritage Precincts:

What do you love about it?

What do you imagine for it?

What do you want to see retained?

At the same time, by asking these questions, it provides an opportunity for Council to communicate with these residents the importance of Heritage Precincts and what they may want to see reflected in Heritage Precinct documentation.

Given that there has been some work currently being undertaken on Heritage Precincts, and given the upsurge in interest in heritage matters currently being expressed in the community, it is timely to consider the relevance of the HUL process for the City of Hobart’s Heritage Precincts and how it can add value in communicating the value of heritage precincts between property owners and Council’s Planners.

Cognizant of the current visioning process for the City, as well as other consultation processes occurring around the City, a small pilot project in an area of the City where there are significant conflicts over heritage would provide guidance for both residents and planners as to what values have meaning and the level at which these values exist to support an area being declared a Heritage Precinct..”

The General Manager reports:

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to Council’s role as a Planning Authority.”

10.1    Committee Actions - Status Report

RUZICKA

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information be received and noted.

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

14       Hobart and Glenorchy Public Transit Corridor - Gold Coast Light Rail - Proposed Study Tour

RUZICKA

That:  1.     The Council endorse the participation of Alderman Reynolds and seek one further Aldermanic nomination to participate in a study tour of the Gold Coast Light Rail Project.

2.      The cost per person of approximately $1300 be attributed to the Aldermanic allowances and expenses function of the 2017/18 Annual Plan.

3.      The General Manager be given approval to determine the participation of Council officers in a study tour of the Gold Coast Light Rail Project.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:  1.     The Council endorse the participation of Alderman Reynolds and seek one further Aldermanic nomination to participate in a study tour of the Gold Coast Light Rail Project.

2.      The cost per person of approximately $1300 be attributed to the Aldermanic allowances and expenses function of the 2017/18 Annual Plan.

3.      The General Manager be given approval to determine the participation of Council officers in a study tour of the Gold Coast Light Rail Project.