Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 5

26/2/2018

City Planning Committee Meeting (Open Portion) held Monday, 26 February 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:

Alderman E R Ruzicka.

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 Tuesday, 13 February 2018 and the Special City Planning Committee meeting held on Monday, 19 February 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.

Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 8

26/2/2018

7.1 Applications under the Sullivans Cove Planning Scheme 1997

7.1.1 32 Davey Street, Hobart - Signage

PLN-17-987 - FILE REF: F18/15044

Address: 32 Davey Street, Hobart

Proposal: Signage

Expiry Date: 7 April 2018

Extension of Time: Not applicable

Author: Cameron Sherriff

REcommendation

That: Pursuant to the Sullivans Cove Planning Scheme 1997, the Council refuse the application for signage at 32 Davey Street, Hobart for the following reasons:

1 The proposal does not meet the performance criterion with respect to clause 25.11 of the Sullivans Cove Planning Scheme 1997 because:

· The sign detracts from the character and heritage value of the listed Place of Cultural Heritage Significance; and

· The content of the sign represents a modern standardised propriety logo, with no attempt to adapt the colours to suit the specific location and listed Place of Cultural Heritage Significance; and

· The sign detracts from the original architecture, heritage value and character of the listed Place of Cultural Heritage Significance; and

· The sign is not located on the listed Place of Cultural Heritage Significance in a position that would traditionally have been used as an advertising area.

2 The proposal does not meet the performance criterion with respect to clause 25.14 of the Sullivans Cove Planning Scheme 1997 because the sign exceeds the depth (width), and it is not located at a height equivalent to the floor of the first storey of the building.

Attachment a: PLN-17-987 - 32 DAVEY STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-17-987 - 32 DAVEY STREET HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-17-987 - 32 DAVEY STREET HOBART TAS 7000 - Senior Cultural Heritage Officer Report ⇩

Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 29

26/2/2018

7.2 Applications under the Hobart Interim Planning Scheme 2015

7.2.1 7 Woolton Place, Sandy Bay - Partial Demolition, Alterations, Extension and Partial Change of Use to Food Services

PLN-18-11 - FILE REF: F18/15812

Address: 7 Woolton Place, Sandy Bay

Proposal: Partial Demolition, Alterations, Extension and Partial Change of Use to Food Services

Expiry Date: 4 April 2018

Extension of Time: Not applicable

Author: Deanne Lang

REcommendation

That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, extension and partial change of use to food services at 7 Woolton Place, Sandy Bay 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 PLN1811 7 WOOLTON PLACE SANDY BAY TAS 7005 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, and 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

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.

PUBLIC HEALTH FOOD PLANS

Detailed building plans showing all elevations, materials and specifications for food premises fit out are to be submitted to Council’s Environmental Health Unit. These plans must comply with the provisions of the Building Code of Australia National Construction Code Tas Part H102 for food premises and have regard to the Food Safety Standards Australia New Zealand (FSANZ).

COUNCIL RESERVES

In order to ensure that the requirements of the Building Regulations 2016 for bushfire prone areas can be satisfied, and to ensure that any necessary planning approval is sought for any works or development related to the requirements of the Building Regulations 2016 (e.g. vegetation clearing to establish bushfire hazard management areas), it is strongly recommended that bushfireprone area requirements under Building Regulations 2016 are identified at the earliest possible opportunity. Planning approval may need to be sought for any vegetation clearing required within a Biodiversity Protection Area that has not been approved under this permit.

Any proposal to establish a hazard management area on the adjoining Council land will need to be assessed by Council under Council's “Establishment of Bushfire Hazard Management Areas in Bushland Reserves for New Developments on Adjoining Property”.

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.

NOISE REGULATIONS

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

WASTE DISPOSAL

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

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

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-18-11 - 7 WOOLTON PLACE SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-18-11 - 7 WOOLTON PLACE SANDY BAY TAS 7005 - CPC Agenda Documents ⇩

Item No. 9.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 68

26/2/2018

9. Motions of which Notice has been Given

9.1 Civic Heritage Area

FILE REF: F18/15064; 13-1-10

Alderman Anna Reynolds

Motion

“That the Council requests a report on whether:

- Hobart City Council could propose a Particular Purpose Zone (PPZ) or Special Area Plan (SAP) for a ‘Civic Heritage Area’ encompassing the Treasury buildings, Franklin Square, the Town Hall, the Bond Store, Old Customs House and Maritime Museum.

- The kind of protections and planning guidance that a ‘Civic Heritage Area’ PPZ or SAP could provide to these civic buildings and places under the new State-wide Planning Scheme.

- Whether the Council should also consider nominating the Treasury buildings for listing as a National Heritage Place, and what listing criteria could be used for the buildings. The report also set out the steps that would be required for preparing a nomination in time for the next annual round of inclusions in early 2019.”

Rationale:

“A special precinct - the four Treasury Buildings around their large central courtyard have been the focus of recent discussion as a place for a potential Tasmanian Museum and Art Gallery expansion and other civic uses such as a Visitor Centre.

These Treasury buildings ‘bookend’ a heritage precinct that includes some of the best examples of Georgian architecture in Australia.

This precinct, encompassing the Treasury buildings, Franklin Square, the Town Hall, the Bond Store, Old Customs House and Maritime Museum sits between Davey and Macquarie Streets, are all in public ownership and play (or have the potential to play) an important role in the civic and cultural life of Hobart..”

An opportune time to plan for special areas - The Council is currently in the process of drafting Local Provisions Schedules that will apply to both Hobart and Sullivans Cove.

This is an opportunity for HCC to consider how best to protect heritage values within the municipality.

The Local Historic Heritage Code will not apply to any properties listed on the Tasmanian Heritage Register, which will be the responsibility of the Tasmanian Heritage Council. This means that Council will have no opportunity to consider heritage issues associated with proposed development of buildings like the Treasury buildings.

Given this, it is worth Council understanding the potential of including other provisions to cover the Treasury complex and a broader area in the form of a Particular Purpose Zone – Civic Heritage (PPZ); or Special Area Plan – Civic Heritage Precinct (SAP).

Either option could allow Council to apply a range of development restrictions and considerations in respect of buildings with historic heritage values and civic purposes. The restrictions could apply to development works (e.g. managing impacts on the structure and appearance of the buildings) or use (e.g. encouraging civic uses and preventing incompatible uses).

In order to justify special provisions, Council would need to demonstrate the “unique economic, social or spatial qualities” of the buildings proposed for inclusion, and outline how the generic State Planning Provisions and state heritage act are not enough to protect those values.

Much of the heritage advice that would need to be included to make the case to the Planning Commission for a PPZ or SAP is already available in various reports and conservation plans, and in HCC’s 2016 submissions on the draft State Planning Provisions raising concerns regarding the limited operation of the Local Historic Heritage Code.

A place of National Heritage significance? The criteria for places in the National Heritage List require the place to have “outstanding heritage value to the nation”.

The Treasury building’s status as the only still-functioning government building of its era may be a relevant factor in establishing its value to the nation. Similar buildings currently on the list include the Old Government House and Domain in NSW, and the old and new parliament houses in South Australia.

Given the public interest in the future of these buildings, it is worth the Council investigating whether a nomination for inclusion in the National Heritage List may be appropriate.

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 the administration of planning schemes.”

Agenda (Open Portion)

City Planning Committee Meeting

Page 69

26/2/2018

10. Questions Without Notice

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

File Ref: 13-1-10

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

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

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

(i) offer an argument or opinion; or

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

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

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

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

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

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

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

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

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

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