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City of hobart

 

 

 

 

AGENDA

City Planning Committee Meeting

 

Open Portion

 

Monday, 29 January 2018

 

at 5:00 pm

Lady Osborne Room, Town Hall


 

 

 

 

THE MISSION

Our mission is to ensure good governance of our capital City.

THE VALUES

The Council is:

 

about people

We value people – our community, our customers and colleagues.

professional

We take pride in our work.

enterprising

We look for ways to create value.

responsive

We’re accessible and focused on service.

inclusive

We respect diversity in people and ideas.

making a difference

We recognise that everything we do shapes Hobart’s future.

 

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 3

 

29/1/2018

 

 

ORDER OF BUSINESS

 

Business listed on the agenda is to be conducted in the order in which it is set out, unless the committee by simple majority determines otherwise.

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Co-Option of a Committee Member in the event of a vacancy  4

2.        Confirmation of Minutes. 4

3.        Consideration of Supplementary Items. 4

4.        Indications of Pecuniary and Conflicts of Interest. 4

5.        Transfer of Agenda Items. 5

6.        Planning Authority Items - Consideration of Items With Deputations. 5

7.        Committee Acting as Planning Authority. 6

7.1     Applications under the Hobart Interim Planning Scheme 2015  7

7.1.1       83 Athleen Avenue, Lenah Valley - Multiple Dwellings. 7

7.1.2       479 Churchill Avenue, Sandy Bay - Partial Demolition, Alterations and Change of Use to Multiple Dwellings. 112

8          Reports. 165

8.1     Southern Tasmania Regional Land Use Strategy - Proposed Amendments  165

8.2     Delegated Decisions Report (Planning) 206

8.3     City Planning - Advertising List 210

9.        Questions Without Notice. 214

10.     Closed Portion Of The Meeting.. 215

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 4

 

29/1/2018

 

 

City Planning Committee Meeting (Open Portion) held Monday, 29 January 2018 at 5:00 pm in the Lady Osborne Room, Town Hall.

 

COMMITTEE MEMBERS

Briscoe (Chairman)

Ruzicka

Burnet

Denison

 

ALDERMEN

Lord Mayor Hickey

Deputy Lord Mayor Christie

Zucco

Sexton

Cocker

Thomas

Reynolds

Harvey

Apologies: Nil.

 

 

Leave of Absence: Nil.

 

1.       Co-Option of a Committee Member in the event of a vacancy

 

 

2.       Confirmation of Minutes

 

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 15 January 2018, are submitted for confirming as an accurate record.

 

 

 

3.       Consideration of Supplementary Items

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

Recommendation

 

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.

 

 

 

4.       Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

 

Aldermen are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the committee has resolved to deal with.

5.       Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

 

A committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

 

In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.

 

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

 

 

6.       Planning Authority Items - Consideration of Items With Deputations

 

In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the General Manager is to arrange the agenda so that the planning authority items are sequential.

 

In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.

 

Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.

 

RECOMMENDATION

 

That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 6

 

29/1/2018

 

 

7.       Committee Acting as Planning Authority

 

In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.

 

In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

 

The Committee is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.

 


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 7

 

29/1/2018

 

 

7.1     Applications under the Hobart Interim Planning Scheme 2015

 

7.1.1   83 Athleen Avenue, Lenah Valley - Multiple Dwellings

            pln-17-691 - FILE REF: F18/5589

Address:                         83 Athleen Avenue, Lenah Valley

Proposal:                       Multiple Dwellings

Expiry Date:                   6 February 2018

Extension of Time:       Not applicable

Author:                           Adam Smee

 

 

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for Multiple Dwellings at 83 Athleen Avenue, Lenah Valley for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

 

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­17­691 ­ 83 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 2017/01466­HCC dated 13 December 2017 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 2

Prior to the first occupation:

a)      a solid screen with a minimum height of 1m above the level of the driveway must be must be installed between the driveway and the bedroom windows proposed on the eastern side of the ground floor of the northernmost dwelling, and,

b)      either, a screen to baffle sound from vehicles must be installed between the driveway and the bedroom windows proposed on the eastern side of the ground floor of the middle dwelling, or, measures must be incorporated into the construction of the dwelling to reduce the impact of vehicle noise on this habitable room.

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

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

Reason for condition

To minimise potential detrimental impacts of vehicle noise and vehicle light intrusion upon habitable rooms.

PLN 17

Prior to first occupation, external lighting to illuminate the driveway, visitor car parking, and turning areas must be provided in accordance with AS/NZS1158.3.1:2005 Lighting for Roads and Public Spaces.

 

Prior to the first occupation, the external lighting must operate in accordance with AS4282 C​ontrol of the Obtrusive Effects of Outdoor Lighting.

Reason for condition

To ensure that parking and vehicle circulation roadways used outside daylight hours are provided with lighting to a standard which:

a)      enables easy and efficient use;

 

b)      promotes the safety of users;

 

c)      minimises opportunities for crime or anti­social behaviour; and

 

d)      prevents unreasonable light overspill impacts.

 

PLN 5

Landscaping of the site as shown on the approved Landscape and Servicing Plan (dated 06/07/2017, drawing A­02 Rev A) must be completed within 12 months of first occupation and maintained for the life of the dwellings.  Replacement vegetation of a similar size must be planted if any of the vegetation is destroyed within 30 days of any of the vegetation being destroyed.

Reason for condition

 

To assist in reducing the apparent scale and bulk of the development.

PLN s4

Prior to first occupation, a storage area for waste and recycling bins must be provided for each dwelling.

 

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing a storage area for waste and recycling bins for each dwelling.

 

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

 

Reason for condition

To provide for the storage of waste and recycling bins for multiple dwellings.

ENG sw6

All stormwater from the proposed development (including but not limited to: roofed areas; ag­drains; retaining wall ag­drains; and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to first occupation.

Reason for condition

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

ENG sw7

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

 

The stormwater pre­treatment system must incorporate a treatment system of a size and design sufficient to achieve the stormwater quality targets in accordance with the State Stormwater Strategy 2010.

 

The stormwater pre­treatment system must be maintained for the life of the development.

 

Reason for condition

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

ENG 2a

Vehicular barriers compliant with the Australian Standard AS1170.1 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

 

Advice:

The Council does not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.

 

Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required.

 

Reason for condition

 

To ensure the safety of users of the access driveway and parking module and compliance with the standard.

 

ENG 2b

A certified vehicle barrier design (including site plan with proposed location(s) of installation), prepared by a suitably qualified engineer, compliant with Australian Standard AS1170.1, must be submitted prior to the issue of any approval under the Building Act 2016, or the commencement of works on site. All works, required by this condition must be undertaken in accordance with certified design.

 

Reason for condition

To ensure the safety of users of the access driveway and parking module and compliance with the standard.

ENG 2c

Prior to the first occupation, vehicular barriers must be inspected by a qualified engineer and certification submitted to Council confirming that the installed vehicular barriers comply with the certified design and Australian Standard AS1170.1.

 

Advice: Once the certification has been accepted, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

Reason for condition

To ensure the safety of users of the access driveway and parking module and compliance with the relevant standards.

 

ENG 4

The access driveway and parking module (car parking spaces, aisles and manoeuvring area) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent) and surface drained to the Council's stormwater system prior to the first occupation.

 

Reason for condition

To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

 

ENG 5

The number of car parking spaces approved on the site is seven (7).

 

Prior to first occupation the turning bay must:

 

1.      Be outlined with unbroken lines 80 to 100 mm wide on all sides and marked with diagonal stripes 150 to 200 mm wide with spaces 200 to 300 mm between stripes. The stripes must be at an angle of 45 +/­ 10 degrees to the side of the space; and

 

2.      Include pavement messaging indicating TURNING BAY in accordance with AS1742.11 Section 7.3.

Reason for condition

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

 

ENG 3a

The access driveway and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required), or a design certified by a suitably qualified engineer to be safe.

 

Advice:

It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

 

It is recommended that the garage door widths are widened slightly to ensure the two car parking spaces for each dwelling can operate independently. The current design, although compliant with AS2890.1, may require 5 or 7 point turns for exit from car parking spaces if a car larger than a B85 is parked in the adjacent space.

 

Reason for condition

To ensure safety of users of the access and parking module, and compliance with the relevant Australian Standard.

 

ENG 3c

 

The access driveway and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the Aldanmark drawings 17E24­7 C1.01 to C1.03 and C2.01 to 2.03 Rev B. Visitor Parking and Turning Bay to be maximum 5% longitudinal gradient.

 

Prior to the first occupation or commencement of use (whichever occurs first), documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above drawings must be submitted.

 

Advice: Once the certification has been accepted, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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.

 

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.

ENG r3

Prior to the commencement of use, the proposed driveway crossover to the Athleen Avenue highway reservation must be designed and constructed in general accordance with the following Tasmanian Standard Drawings (TSD):

1.      Urban ­ TSD­R09­v1 – Urban Roads Driveways and TSD R14­v1 Type KC vehicular crossing; and

 

2.      Footpath ­ Urban Roads Footpaths TSD­R11­v1.

Design drawings must be submitted and approved, prior to the issue of any approval under the Building Act 2016 or the commencement of works on site, whichever occurs first. The design drawings must:

1.      Show the cross and long section of the driveway crossover within the highway reservation and onto the property;

 

2.      Detail any services or infrastructure (e.g. light poles, pits, awnings) at or near the proposed driveway crossover;

 

3.      Detail the proximity to the Council's retaining wall (located within the highway reservation) and any impact the proposed construction will have on the retaining wall footings;

 

4.      Show swept path templates in accordance with AS/NZS 2890.1 2004

(B85 or B99 depending on use, design template);

 

5.      Where the design deviates from the requirements of the TSD, demonstrate that a B85 vehicle or B99 depending on use (AS/NZS 2890.1 2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the vehicle's underside;

 

6.      Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004; and

 

7.      Be prepared and certified by a suitable qualified person.

 

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

 

Advice:

You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve such as new driveway crossover). Click here for more information.

 

Reason for condition

To ensure that works will comply with the Council’s standard requirements.

ENV 8

The development must be designed, constructed and carried out in accordance with the following requirements:

1.      All earthworks must comply with AS3798 ­ Guidelines on earthworks for commercial and residential developments.

 

2.      A site specific soil assessment must be undertaken to determine appropriate foundation design for all structures in accordance with AS2870 ­ Residential slabs and footings.

 

3.      All construction must be based on thorough investigation, reporting, and design by appropriately qualified persons.

 

4.      All stormwater on site must be immediately directed to Council mains upon the construction of hard surfaces to minimise the potential for uncontrolled stormwater flows to affect slope stability.

5.      All design and construction must be undertake in accordance with Australian Geomechanics Society Geoguides (2007) except where modified by a condition of the subdivision permit that approved creation of the lot and where structures are founded in underlying weathered gravels rather than bedrock.

 

6.      All surface drainage upslope of site fill must be connected to a Council approved stormwater system or an approved stormwater management system to divert surface water away from any site fill.

 

Reason for condition

To ensure that landslide risk is tolerable

ENV 2

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

A SWMP must be submitted prior to the issue of any approval under the

Building Act 2016 or the commencement of work, whichever occurs first. 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

All design and construction must be undertaken in accordance with the following:

1.      All seepage waters encountered during the construction of excavations must be collected and directed to the Council's stormwater drainage system or an approved stormwater disposal system.

 

2.      All natural vegetation must be retained wherever practicable.

 

3.      All natural contours must be retained where practicable.

 

4.      All areas requiring fill must be prepared by stripping the vegetation and topsoil from the proposed fill area and by benching or keying the surface to receive the fill into the natural slope prior to filling.

 

5.      Only clean fill materials may be used and all fill material must be adequately compacted.

 

6.      Boulders exposed during excavation operations must be assessed by a suitably qualified person to determine slope stability risk and any boulders at risk of instability must be stabilised.

 

Reason for condition

To ensure that landslide risk is tolerable

ENV s2

All permanent cutting and/or filling must be constructed with batter slopes certified by a suitably qualified engineer or a drained retaining wall designed by an appropriately qualified person. For all permanent cutting or filling up to a height of 1m, cut and fill batters with a height no greater than 1m must be constructed with a batter slope certified by a suitably qualified engineer. Where certified batter slopes are not possible, or where cutting and filling will exceed 1m in height, a drained retaining wall designed by an appropriately qualified person must be constructed to retain the permanent excavation of the fill materials as soon as possible after the cut/fill operation. The drainage must be directed to the Council's stormwater drainage system or an approved stormwater disposal system. Prior to any permanent cutting of filling and/or construction of any retaining wall, drawings demonstrating compliance with this condition must be submitted to and approved.

Reason for condition

To ensure that landslide risk is tolerable

ENV s3

Prior to the issue of any approval under the Building Act 2016, or the commencement of works on site, whichever occurs first, comprehensive and detailed engineering designs prepared by an accredited civil engineer/civil designer for the development including drainage, services, earthworks, retaining structures and roads must be submitted and approved. The comprehensive and detailed engineering designs must demonstrate compliance with all relevant geotechnical conditions of this permit.

The submitted comprehensive and detailed engineering designs must be certified in writing by either a civil engineer, civil designer, geotechnical engineer or engineering geologist as being in full accordance with all relevant geotechnical conditions of this permit and that all relevant geotechnical conditions of this permit have been fully incorporated into the design documents.

The development must be undertaken in accordance with the approved design documents.

Reason for condition

To ensure that landslide risk is tolerable

ENV s4

Prior to completion, confirmation in writing by either a civil engineer, civil designer, geotechnical engineer or engineering geologist that all relevant geotechnical conditions of this permit have been fully complied with must be submitted and approved.

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

Reason for condition

To ensure that landslide risk is tolerable

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

You may need building approval in accordance with the Building Act 2016. Click here for more information.

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

PLUMBING PERMIT

You may need 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

You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve such as new driveway crossover). Click here for more information.

STORM WATER

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

ACCESS

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

CROSS OVER CONSTRUCTION

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

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.

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 Part 5 Agreement E37907 applies to the owner(s) of the land. The Agreement requires the owner(s) to implement, maintain and comply with the recommendations of the Geotechnical Management Plan in relation to the land. The recommendations of the Geotechnical Management Plan have been incorporated into the conditions of this permit.

.

 

Attachment a:             PLN-17-691 - 83 ATHLEEN AVENUE LENAH VALLEY TAS 7008 - Planning Committee or Delegated Report

Attachment b:             PLN-17-691 - 83 ATHLEEN AVENUE LENAH VALLEY TAS 7008 - Attachment B - CPC Agenda Documents

Attachment c:            PLN-17-691 - 83 ATHLEEN AVENUE LENAH VALLEY TAS 7008 - Attachment C - Referral Officer Report - Environmental Development Planner

Attachment d:            PLN-17-691 - 83 ATHLEEN AVENUE LENAH VALLEY TAS 7008 - Attachment D - Referral Officer Report - Senior Development Engineer

Attachment e:             PLN-17-691 - 83 ATHLEEN AVENUE LENAH VALLEY TAS 7008 - Attachment E - CPC Supporting Documents - Shadow Diagrams (Supporting information)   


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 112

 

29/1/2018

 

 

7.1.2   479 Churchill Avenue, Sandy Bay - Partial Demolition, Alterations and Change of Use to Multiple Dwellings

            pln-17-753 - FILE REF: F18/5812

Address:                         479 Churchill Avenue, Sandy Bay

Proposal:                       Partial Demolition, Alterations and Change of Use to Multiple Dwellings

Expiry Date:                   2 March 2018

Extension of Time:       Not applicable

Author:                           Helen Ayers

 

 

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for Partial Demolition, Alterations and Change of Use to Multiple Dwellings at 479 Churchill Avenue, Sandy Bay for the following reasons:

 

1       The proposal does not meet the acceptable solution or the performance criterion with respect to clause 10.4.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the proposed density is not compatible with the surrounding area and does not provide for a significant social or community housing benefit.

 

Attachment a:             PLN-17-753 - 479 CHURCHILL AVENUE SANDY BAY TAS 7005 - Planning Committee or Delegated Report

Attachment b:             PLN-17-753 - 479 CHURCHILL AVENUE SANDY BAY TAS 7005 - CPC Agenda Documents

Attachment c:            PLN-17-753 - 479 CHURCHILL AVENUE SANDY BAY TAS 7005 - Density Calculations - CPC Attachment C   


Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

Page 113

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

Page 148

ATTACHMENT b

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

Page 164

ATTACHMENT c

 

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Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 166

 

29/1/2018

 

 

8        Reports

 

8.1    Southern Tasmania Regional Land Use Strategy - Proposed Amendments

          File Ref: F18/3331; S32-006-01/02

Report of the Manager Planning Policy & Heritage and the Director City Planning of 23 January 2018 and attachments.

Delegation:     Council


Item No. 8.1

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REPORT TITLE:                  Southern Tasmania Regional Land Use Strategy - Proposed Amendments

REPORT PROVIDED BY:  Manager Planning Policy & Heritage

Director City Planning

 

1.         Report Purpose and Community Benefit

1.1.     This report seeks Council’s endorsement of proposed minor amendments to the Southern Tasmania Regional Land Use Strategy 20102035 (STRLUS) to align the Strategy with the State Planning Provisions (SPPs) and facilitate the approval of Local Provisions Schedules (LPSs) as part of the Tasmanian Planning Scheme.

2.         Report Summary

2.1.     Amendments to the STRLUS to allow for the submission and assessment of the LPSs have been proposed by the Minister for Planning and Local Government.

2.2.     Implementation of the amendments to the STRLUS is by way of an Addendum to the document which sets out the Regional Policies which will apply to the LPSs.  The current Regional Policies will continue to apply to the interim planning schemes and amendments to those schemes.  This is explained in the Implementation Statement provided in Attachment B.

2.3.     Two minor adjustments to the Urban Growth Boundary (UGB) are also proposed.  These relate to the land at 56-62 Forcett Street, Sorell and 369 Lenah Valley Road, Lenah Valley.

2.4.     It is recommended that Council advise the Minister for Planning and Local Government that it supports the proposed amendments to the STRLUS as outlined in Attachment A.

3.         Recommendation

That

1.      Council advise the Minister for Planning and Local Government that it supports the proposed amendments to the Southern Tasmania Regional Land Use Strategy as outlined in Attachment A.

 


 

4.         Background

4.1.     At its meeting on 6 June 2011, the Council endorsed the STRLUS 20102035.  The STRLUS was subsequently declared by the Minister for Planning on 27 October 2011.  Minor amendments were approved in both 2013 and 2016.

4.2.     Section 34(2) of the Land Use Planning and Approvals Act 1993 (the Act) requires LPSs to be consistent with each relevant regional land use strategy. In turn, the regional land use strategies also need to align with the approved SPPs.

4.3.     Amendments are necessary to the STRLUS to allow for the submission and assessment of the LPSs. The STRLUS must also continue to operate effectively in accordance with the current regional policies to allow for the consideration of any amendments to the interim planning schemes for the period until the LPSs are approved. To allow the STRLUS to operate as needed, the draft Addendum to the STRLUS aims to provide separate regional policies for the assessment of the LPSs.

4.4.     The draft Addendum is the result of a review undertaken by the Planning Policy Unit within the Department of Justice, which included consultation with the Southern region’s planners Technical Reference Group. It includes an implementation statement and minor revisions to the regional policies in the STRLUS to align with the approved SPPs.

5.         Proposal and Implementation

5.1.     It is proposed that Council advise the Minister for Planning and Local Government that it supports the proposed amendments to the STRLUS as outlined in Attachment A.

5.2.     Implementation of the amendments to the STRLUS is by way of an Addendum to the document which sets out the Regional Policies which will apply to the LPSs.  The current Regional Policies will continue to apply to the interim planning schemes and amendments to those schemes.  This is explained in the Implementation Statement provided in Attachment B.

5.3.     The proposed minor revisions to the regional policies mainly relate to changes to terminology used in the SPPs such as zone and code names and other clarification changes.

5.4.     Two minor adjustments to the Urban Growth Boundary (UGB) are also proposed.  These relate to the land at 56-62 Forcett Street, Sorell and 369 Lenah Valley Road, Lenah Valley.

5.5.     In the STRLUS residential growth is primarily managed through an UGB that sets the physical extent for a 20 year supply of residential land for the metropolitan area. As the name implies it includes land for other urban purposes (i.e. commercial and industrial development) as well as pockets of open space and recreational land that assist in providing urban amenity.  In Hobart the UGB generally followed the outer edge of the General Residential Zone.

5.6.     The proposed amendment to the UGB to include the property at 56-62 Forcett Street, Sorell (Figure 1) is intended to facilitate its rezoning from Rural Resource to General Residential.  It is a 4.975ha lot with potential for 35-40 residential lots located on the western edge of the Sorell Township, between existing developed residential areas to the east and Orielton Lagoon, to the west.  A final decision on the rezoning application has been put on hold by the Tasmanian Planning Commission pending the outcome of the proposal to amend the UGB.


Figure 1 56-62 Forcett St (Source: ListMap)

5.7.     The Sorell Council considers that the proposed rezoning and UGB amendment is justified as agricultural potential of the land is constrained by its proximity to residential use, the western by-pass of Sorell is no longer planned and the Council’s Sorell Land Supply Strategy 2017 has identified it as suitable for residential development given it has excellent access to services and facilities. 

5.8.     The residential lot potential of the land (35 to 40 lots) is not considered to have significant implications for residential land supply in the region or on the STRLUS infill development target.

5.9.     The suggestion that the UGB be amended in relation to part of the property at 369 Lenah Valley Road (Figure 2) stems from a request from the landowner who enquired about the possibility of submitting an application to rezone part of the property from Environmental Living to General Residential.  The advice given by Council officers was that it was not possible for the Tasmanian Planning Commission to approve such an application, even if initiated by Council, as it was outside the UGB. 

5.10.   Council officers subsequently undertook a desktop assessment which indicated that there were no obvious issues from an environmental, hazard or infrastructure perspective which would prevent its development for residential purposes and given it was adjacent to and across the road from land already zoned General Residential it would be appropriate for the UGB to be amended to facilitate the submission of an application to rezone part of the land to General Residential should the owner wish to pursue this.

5.11.   The area involved is about 3600m2 and has potential for 6 to 8 lots which is not considered to have any significant implications for residential land supply in the region or on the STRLUS infill development target.  The amendment to the UGB does not commit Council to initiating an amendment to rezone the land if any future application does not demonstrate compliance with the requirements of the Act.


Figure 2 - 369 Lenah Valley Road (Source: CoH GIS)

5.12.   In his letter dated 5 January 2018 (Attachment A) the Minister for Planning and Local Government has acknowledged the need for a broader review of the STRLUS and has committed to a comprehensive review of the STRLUS following the implementation of the LPSs and the future Tasmanian Planning Policies.

5.13.   The Minister has also advised that prior to the comprehensive review of the STRLUS, he recognises the need to establish a medium- term process for the consideration of specific strategic changes to the regional strategy but that this should only occur after the submission of the LPSs to the Tasmanian Planning Commission for assessment.

6.         Strategic Planning and Policy Considerations

6.1.     The proposed amendments to the STRLUS are consistent with the strategic objectives of the Capital City Strategic Plan 2015-2025 particularly in relation to Goal 2 Urban Management - 2.3 "City and regional planning ensures quality design, meets community needs...."

7.         Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     None.

8.         Legal, Risk and Legislative Considerations

8.1.     Amendments to the STRLUS are dealt with under the provisions of the Act.  In accordance with section 5A(4) of the Act, the Minister for Planning and Local Government has requested Councils comments on the draft revisions to the STRLUS by 16th February 2018.

9.         Delegation

9.1.     Council.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

James McIlhenny

Manager Planning Policy & Heritage

Neil Noye

Director City Planning

 

Date:                            23 January 2018

File Reference:          F18/3331; S32-006-01/02

 

 

Attachment a:             STRLUS Amendments

Attachment b:             STRLUS Implementation Statement   


Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

Page 172

ATTACHMENT a

 

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Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

Page 202

ATTACHMENT a

 

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Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

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ATTACHMENT a

 

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Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting - 29/1/2018

Page 206

ATTACHMENT b

 

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Item No. 8.2

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City Planning Committee Meeting

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8.2    Delegated Decisions Report (Planning)

          File Ref: F18/5463

Memorandum of the Director City Planning of 22 January 2018 and attachment.

Delegation:     Committee


Item No. 8.2

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Page 208

 

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Memorandum: City Planning Committee

 

Delegated Decisions Report (Planning)

 

Attached is the delegated planning decisions report for the period 5 January – 22 January 2018.

 

REcommendation

That:

1.      That the information be received and noted.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Neil Noye

Director City Planning

 

 

Date:                            22 January 2018

File Reference:          F18/5463

 

 

Attachment a:             Delegated Decisions Report (Planning)   


Item No. 8.2

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City Planning Committee Meeting - 29/1/2018

Page 209

ATTACHMENT a

 

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Item No. 8.3

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City Planning Committee Meeting

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8.3    City Planning - Advertising List

          File Ref: F18/5888

Memorandum of the Director City Planning of 23 January 2018 and attachments.

Delegation:     Committee


Item No. 8.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 212

 

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Memorandum: City Planning Committee

 

City Planning - Advertising List

 

Attached is the advertising list for period 6 January until 19 January 2018.

 

REcommendation

That:

1.      That the information be received and noted.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Neil Noye

Director City Planning

 

 

Date:                            23 January 2018

File Reference:          F18/5888

 

 

Attachment a:             Advertising List 06.01.2018 - 19.01.2018   


Item No. 8.3

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ATTACHMENT a

 

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Agenda (Open Portion)

City Planning Committee Meeting

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9.       Questions Without Notice

Section 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

 

An Alderman may ask a question without notice of the Chairman, another Alderman, the General Manager or the General Manager’s representative, in line with the following procedures:

1.         The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.

2.         In putting a question without notice, an Alderman must not:

(i)    offer an argument or opinion; or

(ii)   draw any inferences or make any imputations – except so far as may be necessary to explain the question.

3.         The Chairman must not permit any debate of a question without notice or its answer.

4.         The Chairman, Aldermen, General Manager or General Manager’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.

5.         The Chairman may require a question to be put in writing.

6.         Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.

7.         Where a response is not able to be provided at the meeting, the question will be taken on notice and

(i)    the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.

(ii)   a written response will be provided to all Aldermen, at the appropriate time.

(iii)  upon the answer to the question being circulated to Aldermen, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 217

 

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10.     Closed Portion Of The Meeting

 

The following items were discussed: -

 

Item No. 1          Minutes of the last meeting of the Closed Portion of the Council Meeting

Item No. 2          Consideration of supplementary items to the agenda

Item No. 3          Indications of pecuniary and conflicts of interest

Item No. 4          Planning Authority Items – Consideration of Items with Deputations

Item No. 5          City Acting as Planning Authority

Item No. 6          Questions Without Notice