City
of hobart
AGENDA
City Planning Committee Meeting
Open Portion
Tuesday, 13 March 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. |
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Agenda (Open Portion) City Planning Committee Meeting |
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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
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6. Planning Authority Items - Consideration of Items With Deputations
7. Committee Acting as Planning Authority
7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.2 186 Melville Street, West Hobart - Partial Demolition, Alterations and Extension
7.1.3 29 Browne Street, West Hobart - Partial Demolition, Alterations and Extension
7.1.4 5 St Georges Terrace, Battery Point - Partial Demolition, Alterations, Extension and Fencing
8.2 Monthly Building Statistics - 1 February 2018 - 28 February 2018.
8.3 Delegated Decisions Report (Planning)
8.4 City Planning - Advertising List
9. Committee Action Status Report
9.1 Committee Actions - Status Report
11. Closed Portion Of The Meeting
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Agenda (Open Portion) City Planning Committee Meeting |
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City Planning Committee Meeting (Open Portion) held Tuesday, 13 March 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.
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The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 26 February 2018, are submitted for confirming as an accurate record.
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Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.
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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.
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?
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.
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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.
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7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.1 179 Macquarie Street and 200 Collins Street, Hobart and Adjacent Road Reserve and Crowthers Lane, Hobart
Address: 179 Macquarie Street and 200 Collins Street, Hobart and Adjacent Road Reserve and Crowthers Lane, Hobart
Proposal: Demolition and New Building for Hotel with Café and Function Centre and Associated Infrastructure Works
Expiry Date: 23 March 2018
Extension of Time: Not applicable
Author: Cameron Sherriff
REcommendation That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and new building for hotel with cafe and function centre and associated infrastructure works at 179 Macquarie Street and 200 Collins Street, Hobart and adjacent road reserve and Crowthers Lane, Hobart for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:
GEN
The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN17704 179 MACQUARIE STREET HOBART TAS 7000 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 2017/01465HCC dated 30/10/2018 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 Works Ref: 5531 dated 28 February 2018, as attached to the permit.
Reason for condition
To clarify the scope of the permit.
PLN 15A demolition waste management plan must be implemented throughout demolition.
A demolition waste management plan must be submitted and approved, prior to commencement of work on the site. The demolition waste management plan must include provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.
All work required by this condition must be undertaken in accordance with the approved demolition waste management plan.
Advice: Once the demolition waste management plan has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill. Further information can also be found on the Council’s website.
Reason for condition
To ensure that solid waste management from the site meets the Council’s requirements and standards.
PLN s1
Additional bicycle parking must be provided for customers and visitors to the site prior to commencement of use.
Amended drawings must be submitted and approved, prior to commencement of work or the issue of any approval under the Building Act 2016 (whichever occurs first but excluding demolition). The amended drawings must show bicycle parking constructed to Class 3 security level to cater for customers and visitors in addition to that already proposed for staff, in a separate, publicly accessible area at ground level (e.g. within the open plaza area).
All work required by this condition must be undertaken in accordance with the approved drawings.
Advice: The Hobart Interim Planning Scheme 2015 defines Class 3 security level as facilities to which the bicycle frame and wheels can be locked.
Once the amended drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement)
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure enough bicycle parking is provided to meet the needs of likely users and by doing so to encourage cycling as a healthy and environmentally friendly mode of transport for commuter, shopping and recreational trips, in accordance with the objectives of Schedule E 6.6.4 of the Hobart Interim Planning Scheme 2015.
PLN s2
Bicycle end of trip facilities must be provided within the building for staff prior to commencement of use.
Amended drawings must be submitted and approved, prior to commencement of work or the issue of any approval under the Building Act 2016 (whichever occurs first but excluding demolition. The amended drawings must show the provision of at least one (1) shower and change room facility for use by staff members employed at the premises.
All facilities required by this condition must be installed in accordance with the approved drawings.
Advice: Once the amended drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure that cyclists are provided with adequate end of trip facilities.
ENG sw2.1
A pre works CCTV video of the existing Council stormwater main within the subject site (including right of way) must be undertaken and submitted to the Council prior to the commencement of work (including demolition).
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 sw2.2
Recorded CCTV inspections and associated reports of the new public stormwater infrastructure and any other public stormwater within 2m of the works must be undertaken and submitted to the Council:
1. Prior to commencement of the maintenance period; and
2. Within 30 days of completion of works.
The CCTV inspection must be taken no more than one month prior to commencement of the maintenance period. A maintenance period of 12 months will apply to the new pipes. The Council will perform a final inspection at the end of the maintenance period. Should any rectification works be required, these must be done at the owner's cost within a time frame specified by the Council, and an additional 12 month maintenance period may be applied.
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 preconstruction CCTV video of the Council’s infrastructure, then any damage to the Council's infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.
Advice: The CCTVs may be combined by delaying commencement of the maintenance period.
A maintenance bond of 5% of the contract value of the works will be required by the Council. Upon the expiry of the maintenance period, please contact the Council’s Project and Development Inspector on telephone 6238 2967 to arrange the final inspection prior to the release of the maintenance bond.
Reason for condition
To ensure that the Lots are serviced by adequate public infrastructure and that any Council infrastructure and connections affected by the works will be repaired at the owner's cost.
ENG sw3
The proposed works (including footings, carpark, ramps, overhangs) within two metres of the Council's stormwater infrastructure, 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 consent under the Building Act 2016 or commencement of works (whichever occurs first but excluding demolition).
The detailed 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 that the structure will be fully independent of the main and its trenching. Adequate access is defined for this project as a minimum 2.8m vertical clearance within a 3m wide corridor, with no columns or footings within one metre of the outside of the pipe. Reduction in this access requirement is possible for the removable ramp, and wall at the boundary with adequate structural bridging.
2. Include details of how the ramp is removed and reinstated, and sufficient protection for the new main within the right of way to allow excavation to gain full access into the site.
3. Include crosssections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works (including footings), and stating the minimum setbacks from the works to the nearest external surface of the main.
4. Include a longsection of Council's stormwater main 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.
5. Be certified by a suitably qualified engineer.
Prior to first occupation / the issue of any Completion Certificate under the Building Act 2016 / the commencement of the maintenance period (whichever occurs first), confirmation from a suitably qualified engineer must be provided to the Council that the installation of the works within two metres of the Council’s stormwater is in accordance with the approved drawings and complies with this condition. Should any remediation works be required, these must be carried out at the developer’s cost.
All work required by this condition must be undertaken in accordance with the approved detailed design.
Advice: Once the detailed 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 ensure the protection of the Council’s hydraulic infrastructure.
ENG sw5
The development (including hardstand) must be drained to the Council's stormwater infrastructure with sufficient receiving capacity, in a safe and legal manner through to Collins Street. The upgraded public stormwater system must be constructed prior to issue of any Completion Certificate under the Building Act 2016.
Engineering design drawings must be submitted and approved, prior to commencement of work or the issue of any approval under the Building Act 2016 (whichever occurs first but excluding demolition). The engineering design drawings must:
1. Be certified by a qualified and experienced engineer.
2. Show in both plan and longsection the proposed stormwater mains, including but not limited to, connections, flows, velocities, hydraulic grade lines, clearances, cover, gradients, sizing, material, pipe class, adequate working platforms around manholes, easements, obstacles (such as other services or structures) and inspection openings.
3. Include adequate protection works where minimum cover cannot be achieved.
4. Include the associated calculations and catchment area plans. The stormwater system (including defined nonblocked overland flow paths) must cater for all 1% AEP flows as at 2100 (i.e. including climate change loading) from a fully developed catchment. The main itself must be sized to accommodate at least the 5% AEP flows from a fullydeveloped catchment.
5. Identify all existing thirdparty connections to the mains to be upgraded and reconnected at the owner's cost.
6. Clearly distinguish between public and private infrastructure.
7. Be substantially in accordance with the LGAT Standard Drawings and Tasmanian Subdivision Guidelines.
All work required by this condition must be undertaken in accordance with the approved engineering design drawings.
Advice: Once the engineering design drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Division to obtain a Permit to Construct Public Infrastructure. A maintenance period of 12 months and 5% maintenance bond will apply.
Reason for condition
To ensure Council’s hydraulic infrastructure meets acceptable standards.
ENG sw6
A construction management plan (Crowther's Lane heritage walls) must be submitted and approved, detailing the installation of the Council's upgraded stormwater infrastructure in such a way as to ensure that the condition and structural integrity of the existing heritage walls on Crowther's Lane are not compromised.
The construction management plan (Crowther's Lane heritage walls) must be submitted and approved by the Council's Director City Infrastructure and Director City Planning prior to commencement of work or issue of any approval under the Building Act 2016 (whichever occurs first but excluding demolition).
The construction management plan (Crowther's Lane heritage walls) must:
1. Be prepared and certified by a suitably experienced structural engineer, with input from a suitably experienced geotechnical engineer.
2. Be in accordance with any recommendations from any heritage protection report and requirements.
3. Include structural and geotechnical investigation of the heritage walls, underlying footings and existing ground conditions in Crowther's Lane.
4. Include an engineering risk analysis which demonstrates the rationale of the selected construction method for undertaking the works. Including how risk mitigation relating to design, construction, surrounding infrastructure and personnel to an acceptable level is achieved.
5. Detail construction methodology for undertaking the works, including any restrictions on machinery and access, staging of the works, critical hold points and safety management for both the general public and contractors.
6. Provide details of any monitoring controls and inspection regime that will be in place for the heritage walls or other associated infrastructure.
7. Include engineering drawings which detail any proposed permanent infrastructure (i.e. underpinning) required for undertaking the works. For any proposed temporary infrastructure (i.e. bracing), provide drawings sufficient for implementation.
8. Include engineering crosssections detailing the relationship both vertically and horizontally of the main upgrade (including trenching) to the walls and associated infrastructure.
9. Demonstrate the wall is fully independent of the main and its trenching.
Prior to first occupation/the issue of any Completion Certificate under the Building Act 2016 / the commencement of the maintenance period (whichever occurs first), confirmation from a suitably qualified engineer must be provided to the Council that the installation of the main in relation to the heritage walls is in accordance with the approved construction management plan (Crowther'sLane heritage walls), and complies with this condition. Should any remediation works be required, these must be carried out at the developer’s cost.
All work required by this condition must be undertaken in accordance with the approved construction management plan (Crowther's Lane heritage walls).
Advice: Once the construction management plan (Crowther's Lane heritage walls) 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 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 commencement of use / the issue of any Completion Certificate under the Building Act 2016 (whichever occurs first).
A stormwater management report and design must be submitted and approved, prior to commencement of work (excluding demolition and excavation). 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.
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 tr1
The Barrack Street access via the right of way is approved for EXIT ONLY.
The southern Macquarie Street access is approved for ENTRY ONLY.
The northern Macquarie Street access is approved for EXIT ONLY.
Traffic management for the accesses and parking module must be installed prior to the commencement of use.
Traffic management design drawing(s) of the proposed traffic management for the accesses (including signage and linemarking), must be submitted and approved by the Council's Director City Infrastructure, prior to commencement of use. The traffic management design drawing(s) must include (but not be limited to):
1. 'No Entry' signage must be installed on either side of the Barrack Street access (within the right of way) generally in accordance with AS1742.2:2009 or AS1742.10:2009.
2. 'Giveway to Pedestrian' signage to control exiting traffic must be installed at the Barrack Street access (within the right of way) generally in accordance with AS1742.2:2009 or AS1742.10:2009.
3. 'Caution Vehicles' signage must be installed at the Barrack Street access (within the right of way) generally in accordance with AS1742.2:2009 or AS1742.10:2009 to advise pedestrians on the footpath of exiting vehicles.
4. A speed hump must be installed two (2) metres from the Barrack Street end of the right of way in accordance with AS/NZS2890.1:200 Section 4.9 (b) Type 2.
5. 'No Entry' signage must be installed at the northern Macquarie Street access (within the property) generally in accordance with AS1742.2:2009 or AS1742.10:2009.
All work required by this condition must be undertaken in accordance with the approved traffic management design drawing(s).
Advice: Once the traffic management design drawing(s) have been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
In the interests of user safety and the amenity of the occupiers of the development.
ENG tr2
A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).
The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan for each construction stage (including demolition and excavation) must be submitted and approved, prior to commencement of work for the relevant stage. The construction traffic and parking management plan must:
1. Be prepared by a suitably qualified person.
2. Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.
3. Include a start date and finish dates of various stages of works.
4. Include times that trucks and other traffic associated with the works will be allowed to operate.
5. Nominate a superintendent or like to advise the Council of the progress of works in relation to the traffic and parking management with regular meetings during the works. All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.
Advice: Once the construction traffic and parking management plan has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.
ENG 3
The circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed generally in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required). The ramp leading to the basement carpark from Macquarie Street must be constructed to ensure a Small Rigid Vehicle (SRV) can enter the basement carpark from the road pavement without scraping the SRV underside.
Reason for condition
To ensure that the safety of users of the access and parking module.
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, 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 two (2) (altered or new) driveway crossovers to the Macquarie Street highway reservation must be designed and constructed generally in accordance with the following Tasmanian Standard Drawings (TSD):
1. Urban TSDR09v1 Urban Roads Driveways and TSD R14v1 Type KC vehicular crossing.
2. Commercial Urban TSDR09v1 Urban Roads Driveways and TSD R16v1 Type KCR and B1 or Type KCRB and B1.
3. Footpath Urban Roads Footpaths TSDR11v1.
Design drawings must be submitted and approved by the Council's Director City Infrastructure prior to the commencement of work (excluding demolition and excavation). The design drawings must:
1. Detail any services or infrastructure (e.g. light poles, pits, awnings, parking meter boxes) at or near the proposed driveway crossover, including relocation details (including timing of relocation) where existing infrastructure is closer than 2m to the new crossovers.
2. Show pedestrian sight lines for exiting vehicles in accordance with AS/NZS 2890.1:2004, including lane narrowing and landscaping in accordance with GHD letter dated 12/1/18 Figure 1, 2 and 3.
3. If the design deviates from the requirements of the TSD, demonstrate that a B85 vehicle, B99 and Small Rigid Vehicle (SRV) (AS/NZS2890.1:2004 and AS/NZ2890.1: 2002) can access the driveway from the road pavement into/out of (whichever relevant) the property with respect to vehicle swept paths and without scraping the vehicles' underside.
4. Show the exit to Macquarie Street width to be kept to a minimum to maximise southern vehicular sight distances.
5. Be prepared and certified by a suitable qualified person, to satisfy the above requirement.
All work required by this condition must be undertaken in accordance with the approved design drawings.
Advice: Once the approved design drawings have been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure that works will comply with the Council’s standard requirements.
ENG s1
Staff bicycle parking within the basement level must be constructed to Class 1 or Class 2 security level.
Advice: The Hobart Interim Planning Scheme 2015 defines Class 1 security level as Fully enclosed individual lockers, and Class 2 as Locked compounds with communal access using duplicate keys.
Reason for condition
To encourage cycling by providing secure, accessible and convenient bicycle parking spaces.
ENG s2
Onstreet carparking modifications including relocation of parking meter box must be completed prior to first occupation.
Design drawings must be submitted and approved by the Council's Director City Infrastructure prior to the commencement of work (excluding demolition and excavation).
All work required by this condition must be undertaken in accordance with the approved design drawings.
Advice: Once the approved design drawings have been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure that works will comply with the Council’s standard requirements.
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 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.
HER 6
Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:
1. All excavation and/or disturbance must stop immediately; and
2. A qualified archaeologist must be engaged to attend the site and provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and
3. All and any recommendations made by the archaeologist engaged in accordance with (2) above must be complied with in full; and
4. All features and/or deposits discovered must be reported to the Council with one (1) day of the discovery; and
5. A copy of the archaeologist’s advice, assessment and recommendations obtained in accordance with (2) above must be provided to the Council within 30 days of receipt of the advice, assessment and recommendations.
Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.
Reason for condition
To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence.
HER s1
All documentation, including the construction management plan (Crowther's Lane heritage walls) required in condition ENG sw6, must contain protocols and recommendations for all contractors working in proximity to the stone walls on either side of Crowther's Lane to be familiar with the heritage values of the heritage listed site and for the need to protect the wall at all costs whilst undertaking the proposed works to upgrade infrastructure. Prior to the commencement of works (including demolition and excavation), all workers and managers must be briefed on the importance of the cultural heritage values of the site as part of a site induction. This must be undertaken by a suitably qualified heritage practitioner.
Reason for condition
To ensure that there is no loss or damage to the heritage values or fabric of the site.
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:
1. Building over and within 1 metre of the council’s stormwater infrastructure. The owner must agree to:
2. Provide 24hr emergency access to the Council's stormwater infrastructure.
3. Indemnify the 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.
4. Dismantle/ replace the ramp at the owner’s cost at the Council’s request to allow free access to the Council’s infrastructure.
5. Ongoing compliance with the approved stormwater management plan for the proposed treatment system.
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.
Note: For further information with respect to the preparation of a Part 5 agreement please contact Council Development Engineering Staff.
Reason for condition
To ensure that future owners are aware of their ongoing obligations.
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.
PUBLIC HEALTH
You may be required to provided approved/endorsed plans for a food business fit out, in accordance with the National Construction Code Building Code of Australia including Tas Part H102 for food premises which must have regard to the FSANZ Food Safety Standards. Click here for more information.
FOOD BUSINESS REGISTRATION
Food business registration in accordance with the Food Act 2003. Click here for more information.
OCCUPATION OF THE PUBLIC HIGHWAY
You may require a 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.
You may require a road closure permit for construction or special event. Click here for more information.
You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.
BUILDING WITHIN EASEMENTS/ WITHIN ONE METRE OF STORMWATER
In order to build over the service easement, you will require the separate consent of the Hobart City Council in accordance with section 74 of the Building Act 2016.
In order to build within one metre of stormwater infrastructure, you will require the separate consent of the Hobart City Council in accordance with section 73 of the Building Act 2000 and s13 of the Urban Drainage Act 2013.
PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE
You may require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Infrastructure Division to initiate the permit process).
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.
DRIVEWAY SURFACING OVER HIGHWAY RESERVATION
If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.REDUNDANT CROSSOVERS
Redundant crossovers are required to be reinstated under the Hobart City Council’s Highways By law. Click here for more information.
ACCESS
Designed in accordance with LGAT IPWEA – Tasmanian standard drawings. Click here for more information.
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.
RIGHT OF WAY
The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.
You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.
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.
PROTECTING THE ENVIRONMENT
In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click here for more information.
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.
URBAN DESIGN ADVISORY PANEL
You are strongly encouraged to implement the following considerations arising from the Urban Design Advisory Panel meeting of 9 February 2018:
1. The relationship with the heritage building to the south would be improved if rooms 8.1, 8.2 and 8.3 were omitted, to reduce the height of the vertical element closest to the heritage building, and further break up its massing.
2. A landscaping plan (hard and soft) should be prepared (by a suitably qualified professional) and implemented, including a large tree to assist in breaking the massing of the proposed building along the (southern) boundary with the heritage site.
3. Appropriate lighting, green walls and outdoor heating should be installed to help activate the ground level communal space on the south west side of the building, as well as locating seats and tables closer to the outer edges of the building for sitting/using in morning/afternoon sun to make this space more inviting for patronage.
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Attachment a: PLN-17-704 - 179 MACQUARIE STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩
Attachment b: PLN-17-704 - 179 MACQUARIE STREET HOBART TAS 7000 - CPC Agenda Documents ⇩
Item No. 7.1.1 |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
Page 34 ATTACHMENT a |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
Page 98 ATTACHMENT b |
Item No. 7.1.1 |
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Item No. 7.1.1 |
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Item No. 7.1.1 |
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Item No. 7.1.1 |
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Item No. 7.1.1 |
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Page 192 ATTACHMENT b |
Item No. 7.1.1 |
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Item No. 7.1.1 |
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Item No. 7.1.1 |
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Item No. 7.1.1 |
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Item No. 7.1.1 |
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7.1.2 186 Melville Street, West Hobart - Partial Demolition, Alterations and Extension
Address: 186 Melville Street, West Hobart
Proposal: Partial Demolition, Alterations and Extension
Expiry Date: 23 March 2018
Extension of Time: Not applicable
Author: Tristan Widdowson
REcommendation That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extension at 186 Melville Street, West Hobart for the reasons outlined in the officer’s report and a permit containing the following conditions be issued: GEN The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN1813 186 MELVILLE STREET WEST HOBART TAS 7000 Final Planning Documents except where modified below. Reason for condition To clarify the scope of the permit. PLN s1 The visitor accommodation use approved under PLN140082701 is for the existing building only and does not extend to the extension approved by this permit.
Advice: The use of the proposed completed building for visitor accommodation will require subsequent planning approval or its use to be compliant with the State Government's exemption for visitor accommodation in the Interim Planning Directive No. 2. More information on visitor accommodation can be found here. Reason for condition To clarify the scope of the permit. PLN s4 The proposed extension must comply with the permitted building envelope as required under Part D 11.4.2 A3(a) and diagram 11.4.2B of the Hobart Interim Planning Scheme 2015.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the proposed extension within the permitted building envelope in accordance with the above requirement.
All work required by this condition must be undertaken in accordance with the approved revised plans.
Advice: The plans of the amended proposal submitted to the Council on 23/2/2018 showing the building contained with the permitted building envelope would be considered to satisfy this condition. Reason for condition In the interest of minimising the potential impact on amenity of the proposed additions on the adjoining property at 184 Melville Street. ENG 4 The driveway, carparking and manoeuvring areas approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent council approved) and surface drained to the Council's stormwater infrastructure prior to the first occupation/new use. 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 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. HER 17 The palette of exterior colours and materials must reflect the palette of materials within the local streetscape and precinct.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing exterior colours and materials 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 development at a heritage place and precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance. HER s4 The proposed pyramidal roof form of the rear extension must be amended to be a 20 degree pitched gable roof, and have an overall height reduction of one (1) metre.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the amended roof pitch and form, and reduced height, in accordance with the above requirement.
All work required by this condition must be undertaken in accordance with the approved revised plans.
Advice: The plans of the amended proposal submitted to the Council on 23/2/2018 showing the pitched gabled roof pitch and form and reduced height would be considered to satisfy this condition.
Reason for condition
In the interest of the heritage values of the place and precinct. 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. 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.
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Attachment a: PLN-18-13 - 186 MELVILLE STREET WEST HOBART TAS 7000 - Planning Committee or Delegated Report ⇩
Attachment b: PLN-18-13 186 MELVILLE STREET WEST HOBART TAS 7000 - CPC Agenda Documents ⇩
Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
Page 303 ATTACHMENT a |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
Page 328 ATTACHMENT b |
Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
Page 331 ATTACHMENT b |
Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
Page 339 ATTACHMENT b |
Item No. 7.1.3 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 341 |
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7.1.3 29 Browne Street, West Hobart - Partial Demolition, Alterations and Extension
Address: 29 Browne Street, West Hobart
Proposal: Partial Demolition, Alterations and Extension
Expiry Date: 20 March 2018
Extension of Time: Not applicable
Author: Tristan Widdowson
REcommendation That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations and extension at 29 Browne Street, West Hobart for the following reasons:
1 The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.1 A1/P1 of the Hobart Interim Planning Scheme 2015 because the proposed demolition of the traditional rear roof form would lead to an unacceptable loss of heritage cultural values of the site without demonstrating that there are greater values to the community than the historic cultural heritage values of the Listed Place or that there are no feasible and prudent alternatives.
2 The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A1/P1 of the Hobart Interim Planning Scheme 2015 because the proposed development by reason of its form, scale, bulk and materials would result in a loss of historic cultural significance of this heritage Listed Place.
3 The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A2/P2 of the Hobart Interim Planning Scheme 2015 because the proposed roof addition, by reason of its form, scale, bulk and materials would fail to be suitably subservient and complementary to the original house and would have a detrimental impact upon the historic cultural significance of this heritage Listed Place.
4 The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A3/P3 of the Hobart Interim Planning Scheme 2015 because the proposed roof addition fails to respond to the dominant heritage characteristics of this heritage Listed Place.
5 The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A4/P4 of the Hobart Interim Planning Scheme 2015 because the proposed roof addition will detract from the historic cultural significance of this heritage Listed Place
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Attachment a: PLN-17-1052 - 29 BROWNE STREET WEST HOBART TAS 7000 - Planning Committee or Delegated Report ⇩
Attachment b: PLN-17-1052 - 29 BROWNE STREET WEST HOBART TAS 7000 - CPC Agenda Documents ⇩
Item No. 7.1.3 |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
Page 343 ATTACHMENT a |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
Page 365 ATTACHMENT b |
Item No. 7.1.3 |
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Item No. 7.1.3 |
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Item No. 7.1.3 |
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Page 384 ATTACHMENT b |
Item No. 7.1.3 |
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Page 388 ATTACHMENT b |
Item No. 7.1.4 |
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7.1.4 5 St Georges Terrace, Battery Point - Partial Demolition, Alterations, Extension and Fencing
Address: 5 St Georges Terrace, Battery Point
Proposal: Partial Demolition, Alterations, Extension and Fencing
Expiry Date: 20 March 2018
Extension of Time: Not applicable
Author: Tristan Widdowson
REcommendation That: Pursuant to section 39(10) of the Historic Cultural Heritage Act 1995 the Hobart City Council must refuse the application for partial demolition, alterations, extension and fencing at 5 St Georges Terrace Battery Point, because pursuant to section 39(6)(c) of that Act the Tasmanian Heritage Council has given notice (THC Application 5507, dated 21 February 2018) that the discretionary permit must be refused. The Tasmanian Heritage Council refused the application for the following reason:
1. The development proposal is considered to be incompatible with the place’s historic cultural heritage significance due to the extent of the proposed demolition work and the unsympathetic bulk, scale and form of the proposed additions.
That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations, extension and fencing at 5 St Georges Terrace Battery Point for partial demolition, alterations, extension and fencing for the following reasons:
1. The proposal does not meet the acceptable solution A1 or the performance criterion P1 with respect to clause E13.7.1 Demolition of the Hobart Interim Planning Scheme 2015 because the proposed demolition would result in the loss of significant fabric and forms from the early 1880s that contribute to the historic cultural heritage significance of the place.
2. The proposal does not meet the acceptable solution A1 or the performance criterion P1 with respect to clause E13.7.2 Buildings and Works other than Demolition of the Hobart Interim Planning Scheme 2015 because the proposed incompatible design, including height, scale, bulk, form and fenestration patterns, will result in the loss of historic cultural heritage significance of the place.
3. The proposal does not meet the acceptable solution A2 or the performance criterion P2 with respect to clause E13.7.2 Buildings and Works other than Demolition of the Hobart Interim Planning Scheme 2015 because the proposed rear extension is not subservient and complementary to the place because of its scale and bulk, built form and fenestration patterns.
4. The proposal does not meet the acceptable solution A4 or the performance criterion P4 with respect to clause E13.7.2 Buildings and Works other than Demolition of the Hobart Interim Planning Scheme 2015 because the proposed rear extension is not sympathetic to the main house and detracts from the historic cultural heritage significance of the place.
5. The proposal does not meet the acceptable solution A1 or the performance criterion P1 with respect to clause E13.8.1 Demolition of the Hobart Interim Planning Scheme 2015 because the proposed demolition would result in the loss of early 1880s buildings and works that contribute to the historic cultural heritage significance of the Battery Point Heritage Precinct.
6. The proposal does not meet the acceptable solution A1 or the performance criterion P1 with respect to clause E13.8.2 Buildings and Works other than Demolition of the Hobart Interim Planning Scheme 2015 because the design and siting of the proposed buildings and works is unsympathetic and would result in detriment to the historic cultural heritage significance of the Battery Point 1 Heritage Precinct.
7. The proposal does not meet the acceptable solution A3 or the performance criterion P3 with respect to clause E13.8.2 Buildings and Works other than Demolition of the Hobart Interim Planning Scheme 2015 because the proposed extension is unsympathetic and would detract from the historic cultural heritage significance of the Battery Point Heritage Precinct.
8. The proposal does not meet the acceptable solution A3 or the performance criterion P3 with respect to clause E13.8.4 Buildings and Works in Heritage Precinct BP1 of the Hobart Interim Planning Scheme 2015 because the height of the proposed development would detract from the pattern of development that is characteristic of the cultural heritage significance of the Battery Point 1 Heritage Precinct in the vicinity of the site.
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Attachment a: PLN-17-1068 - 5 ST GEORGES TERRACE BATTERY POINT TAS 7004 - Planning Committee or Delegated Report ⇩
Attachment b: PLN-17-1068 5 ST GEORGES TERRACE BATTERY POINT TAS 7004 - CPC Agenda Documents ⇩
Item No. 7.1.4 |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
Page 394 ATTACHMENT a |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
Page 429 ATTACHMENT b |
Item No. 7.1.4 |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
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8. Reports
8.1 Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment PSA-18-1 - 2 Churchill Avenue, Sandy Bay
Report of the Development Appraisal Planner and the Manager Planning Policy & Heritage of 7 March 2018 and attachments.
Delegation: Council
Item No. 8.1 |
Agenda (Open Portion) City Planning Committee Meeting |
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REPORT TITLE: Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment PSA-18-1 - 2 Churchill Avenue, Sandy Bay
REPORT PROVIDED BY: Development Appraisal Planner
Manager Planning Policy & Heritage
1. Report Purpose and Community Benefit
1.1. The purpose of this report is to consider an application under the Land Use Planning and Approvals Act 1993 (LUPAA), from All Urban Planning on behalf of the University of Tasmania to amend the Hobart Interim Planning Scheme 2015 (HIPS 2015) by rezoning part of the property at 2 Churchill Avenue from Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus) to Low Density Residential.
1.2. The proposal benefits the community by ensuring that the land is appropriately zoned and that the site and buildings are able to be appropriately utilised given its low density residential setting and appearance.
2. Report Summary
2.1. The proposal is to rezone part of the site at 2 Churchill Avenue, Sandy Bay from Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus) to Low Density Residential. This rezoning is intended to allow for divestment of surplus University assets.
2.2. The applicant’s submission in support of the amendment is provided in Attachment A.
2.3. The area affected by the proposed amendment is located in the Upper Campus of the University of Tasmania adjacent to Bend 7 on Nelson Road. The site contains seven existing dwellings currently used for student accommodation as well as associated car parking and bushfire hazard management areas.
2.4. The site is adjacent to low density residential development and a water tank to the east and native vegetation on the remainder of the Upper Campus of the University of Tasmania to the west. The site is also in close proximity to Mount Nelson Primary School and sits at the top of a walking track beside the Nelson Road Bends.
2.5. The proposed amendments follow recent Urgent Amendment HOBUA27-2016 to the Hobart Interim Planning Scheme 2015 approved by the Tasmanian Planning Commission on 8 March 2017. These amendments acknowledged that:
2.5.1. The upper campus is an area in transition as the University divests itself of redundant assets; and
2.5.2. Future use and development of the Upper Campus will be reviewed and subject to further applications for amendments to the planning scheme.
2.6. This proposal is the second such amendment and will allow for the divestment of redundant assets by allowing for the sale of surplus accommodation buildings for residential use without unreasonable impacting on the amenity of surrounding residential areas or the strategic planning objectives for Greater Hobart.
2.7. The proposed amendment to rezone part of the Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus) to Low Density Residential is considered to be an appropriate amendment to the HIPS 2015 and is recommended for initiation.
That: 1. Pursuant to Section 34(1) (a) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council resolve to initiate an amendment to the Hobart Interim Planning Scheme 2015 to amend the Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus), as detailed in Attachment B. 2. Pursuant to Section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council certify that the amendment to the Hobart Interim Planning Scheme 2015 PSA-18-1 meets the requirements of Section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the General Manager and the Deputy General Manager to sign the Instrument of Certification (Attachment C). 3. Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place Amendment PSA18-1 to the Hobart Interim Planning Scheme 2015 on public exhibition for a 28 day period following certification.
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4. Background
4.1. The University of Tasmania lodged a representation in 2015 in relation to the HIPS 2015 exhibition highlighting concerns with a number of the provisions in the Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus).
4.2. The Tasmanian Planning Commission subsequently made urgent amendment UA27-2016, which included some modifications to the zone provisions to accommodate the change in strategic direction identified by the University. This urgent amendment came into effect on 8 March 2017.
4.3. Specifically, the amendments to the Scheme standards were as follows:
4.3.1. Modification of the Biodiversity Code mapping to more accurately represent the natural values present on site.
4.3.2. Amending the zone purpose to better reflect the changing needs of the University of Tasmania and acknowledging that the Upper Campus is an area in transition as the University divests itself of redundant assets.
4.3.3. Acknowledging that the future use and development of the Upper Campus will be reviewed and subject to further applications for amendments to the Planning Scheme.
4.3.4. Removing the significance of and desire for connectivity between the upper and lower sections of the site.
4.4. In July 2017, the Council initiated amendment PSA-17-1 to modify the status of certain uses and the addition of performance criteria to guide commercial development on the University site. This amendment was intended to facilitate the change of use of redundant buildings. The amendment is currently awaiting a decision from the Tasmanian Planning Commission.
Existing Situation
4.5. The land subject to the proposed rezoning is in the upper campus section of the University of Tasmania within the Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus) (Figure 1).
4.6. The site contains seven existing dwellings currently used for student accommodation as well as associated car parking and bushfire hazard management areas. Within the larger lot, the subject site is surrounded by native bushland which to the west slopes relatively steeply down towards Rifle Range Creek. Land to the east of the subject site is zoned Low Density Residential and contains single and multiple dwellings, generally on relatively large lots as well as a water tank and Mount Nelson Primary School.
Figure 1: the subject site, part of 2 Churchill Avenue (outlined in red) showing existing zoning whereby the darker yellow is Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus) and pink is Low Density Residential.
Planning Scheme Provisions
4.7. The Zone Purpose Statements for the Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus) are:
To provide for the continued development of the University of Tasmania Sandy Bay campus (UTAS Sandy Bay) as a major tertiary education centre of the state.
To provide for a diversity of activities primarily catering for the education, recreation and entertainment of its student population while also encouraging a closer integration with the community.
4.8. Within the Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus), most uses are qualified so that they must be associated with the University, staff, students and visitors. The only exceptions to this being uses that would complement the University. For example, residential use is permitted only if for student or staff accommodation, residential uses not associated with the University are discretionary. Other permitted uses include community meeting and entertainment, educational and occasional care, research and development, sport and recreation. Other discretionary uses include; hotel industry, tourist operation, and visitor accommodation.
4.9. There are a limited number of use standards that control the impact of uses in the Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus) where they are in proximity to a residential zone. Development standards generally relate to hours of operation for take away food premises, noise emissions and external lighting.
4.10. The Zone Purpose Statements for the Low Density Residential Zone are:
To provide for residential use or development on larger lots in residential areas where there are infrastructure or environmental constraints that limit development.
To provide for non-residential uses that are compatible with residential amenity.
To encourage residential development that respects the neighbourhood character.
To provide a high standard of residential amenity.
To ensure that development respects the natural and conservation values of the land and is designed to mitigate any visual impacts of development on public views.
4.11. Within the Low Density Residential Zone, single dwellings are a no permit required use, and other residential use classes and visitor accommodation are permitted. Some non-residential uses such as community meeting and entertainment, educational and occasional care, emergency services and sport and recreation are discretionary.
4.12. Use standards and development standards within the Low Density Residential Zone are aimed towards protecting residential amenity.
5. Proposal and Implementation
5.1. The proposal is to rezone part of the site at 2 Churchill Avenue, Sandy Bay from Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus) to Low Density Residential. This rezoning is intended to allow for divestment of surplus assets, specifically to enable the sale of seven accommodation units beside Bend 7 on Nelson Road for residential use. The area proposed to be rezoned is shown in Figure 2 below.
Figure 2: the subject site, part of 2 Churchill Avenue (outlined in red) showing the area proposed to be re-zoned from Particular Purpose 3 – University of Tasmania (Sandy Bay Campus) to Low Density Residential outlined in red.
Justification – Applicant’s Submission
5.2. The applicant considers that the requested amendment is justified for the following reasons:
5.2.1. The proposal will provide for appropriate reuse and development of the student accommodation villas that are surplus to the University’s requirements. It is underpinned by sound property asset planning by the University and the preceding Urgent Amendments to the Planning Scheme.
5.2.2. The University’s intention to divest of surplus assets in the Upper Campus was foreshadowed in previous submissions during the preparation of the planning scheme. Further opportunity for public input will be available through the notification of the amendment.
5.2.3. The proposal represents consolidated urban development in a manner that provides for increased services and enhanced liveability. It will facilitate economic development outcomes.
5.2.4. The proposal follows detailed property planning by the University and is an appropriate strategic response now that the villas have been identified as surplus to the needs of the University. The proposal to realign the boundary with the Low Density Residential Zone is consistent with the surrounding use and development and is strategically sound.
5.2.5. The proposed zoning is appropriate and will provide certainty of the land use planning controls for future owners of the land and the community.
5.2.6. The proposal will assist reuse of existing housing stock close to surrounding services and the recreational environment of the university reserve.
5.2.7. The amendment will allow for the efficient use of existing public sewer, water, stormwater, road, electrical and telecommunications infrastructure in the vicinity of this urban site as well as the reuse of existing buildings.
5.2.8. The amendment promotes the objectives for sustainable development of land through allowing for the ongoing use of existing significant buildings and urban land that is surplus to the needs of the University. The proposal will not affect the existing biodiversity protection provisions under the zone and Biodiversity Code of the planning scheme and the integrity of the reserve will therefore not be impeded.
Justification Comment
5.3. The applicant has submitted some valid reasons in support of the proposed rezoning.
5.4. The subject site is located towards the top of the upper campus beside Bend 7 on Nelson Road. This location separates the exiting dwelling units visually and geographically from the main university campus. Consequently the site has the appearance of a low density multiple dwelling development rather than student accommodation.
5.5. The site is currently used as student accommodation. However, the pattern of development on the site consists of seven detached dwellings with the only shared facility being car parking. As such, it is considered that the existing use of the site is not substantially different to a multiple dwelling use and accordingly, a change in zone to Low Density Residential would not cause conflict with the adjoining residential area.
5.6. The subject site is well located in terms of access to transport, passive recreation and services such as Mount Nelson Primary School. It is considered a good example of a site which would be suitable for low density residential development.
5.7. Existing development on the site consists of single storey dwellings clustered close to the frontage to Nelson Road and the car parking area, with setbacks greater than 25m from the proposed zone boundary. The buildings would comply with the height and the side and rear boundary setbacks of the building envelope under clause 12.4.2.A. The north-eastern dwelling would have a setback of approximately 3.7m from the front boundary to Nelson Road. The permitted front boundary setback in the Low Density Residential Zone is 4.5m and in the Particular Purpose Zone – University of Tasmania is 10m in the upper campus. Therefore, whilst the building would still not be in compliance with the front boundary setback it would be closer to the permitted standard than with the existing zone and would not be unreasonably out of character with other development in the area.
5.8. The area proposed for rezoning would have a size of 1.253ha and a frontage of about 50m to Nelson Road. With the seven existing dwellings there would be a site area of 1790m2 per dwelling which complies with the permitted density of not less than 1500m2. It would also be possible to construct an eighth dwelling on the site and still comply with the permitted density provisions. It may be possible to increase the density beyond this, however this would be at the discretion of the Council following assessment against the performance criteria.
5.9. The subdivision standards for the Low Density Residential Zone allow a minimum lot size of 1000m2. As such, with an area of 1.253ha it would be possible to subdivide the lot into 12 separate lots. Whilst the actual number of lots may be constrained by other considerations such as access, bushfire management and biodiversity values, it is considered that such development would not be unreasonable and would be similar to the collection of lots at the Bend 6 corner of Nelson Road.
5.10. The proposed amendment includes the area required for bushfire management of the existing development. With rezoning of the area and subsequent subdivision and sale of the land there is the potential for further development of the site, and thus changing the bushfire management requirements which could lead to impacts on the remainder of the Upper Campus. However such development would require assessment against the Planning Scheme and Building Code and if involving the adjoining land, the consent of the owner of the land and the imposition of a Part Five Agreement on the title.
5.11. The existing buildings are serviced with sewer, water and stormwater infrastructure as well as vehicle access. As such, it is considered that the site is suitable to support residential development and there are no engineering concerns. Servicing requirements of future development and/or subdivision will be addressed through an application for a planning permit.
5.12. The Council’s Environmental Development Planner has advised that the Bushfire Hazard Management Plan complies with section 51(2)(d)(i) of the Land Use Planning and Approvals Act 1993. Furthermore, whilst the site is subject to the Biodiversity Code under the Hobart Interim Planning Scheme 2015, any clearing would be associated with bushfire hazard management and as such exempt. Accordingly there were no objections to the proposed rezoning.
6. Strategic Planning and Policy Considerations
6.1. The proposed amendment is consistent with the objectives of the Capital City Strategic Plan 2015-2025 in regard to the Strategic Objective 2.3 – ‘City and regional planning ensures quality design, meets community needs and maintains residential amenity’.
7. Financial Implications
7.1. The proposed planning scheme amendment should not result in any additional significant Council expenditure.
8. Legal, Risk and Legislative Considerations
8.1. The Land Use Planning and Approvals Act 1993 (LUPAA) requires that planning scheme amendments must seek to further the objectives of Schedule 1 of the Act and be prepared in accordance with State Policies.
8.2. The objectives of the Act require use and development to occur in a fair, orderly and sustainable manner and for the planning process to facilitate economic development in accordance with the other Schedule 1 Objectives.
8.3. It is considered that the proposed amendment meets the objectives of LUPAA, in particular it:
8.3.1. Assists sound strategic planning by not prejudicing the achievements of the relevant Zone Objectives or the STRLUS objectives;
8.3.2. It is consistent with the objective to establish a system of planning instruments to be the principal way of setting objectives, policies and controls for the use, development and protection of land;
8.3.3. Provides greater flexibility to address changes in local environmental, social and economic circumstances;
8.3.4. Allows for a more efficient use of the existing infrastructure and facilities;
8.3.5. Facilitates the integration of compatible and complementary land use activities in a managed and save environment;
8.3.6. Provides for the exercise of greater flexibility to fully consider the capability of the land.
8.4. The relevant State Policy to consider in this case is the State Policy on Water Quality Management. It is considered that the proposed amendment is consistent with the objectives of this policy as the site is connected to existing stormwater infrastructure. The size of land proposed for rezoning will also allow for stormwater treatment for potential future development of the site to improve the quality of stormwater runoff.
8.5. S32(e) of the former provisions of LUPAA requires that planning scheme amendments must avoid the potential for land use conflicts in adjacent planning scheme areas. The amendment essentially relocates the boundary of the Low Density Residential Zone to encompass the existing residential portion of the upper campus of the University of Tasmania. This area, when utilised for residential use will reflect the existing pattern of development in the adjoining Low Density Residential Zone.
8.6. S32(f) of the former provisions of LUPAA requires that planning scheme amendments must have regard to the impact that the use and development permissible under the amendment will have on the use and development of the region as an entity in environmental, economic and social terms. The size, location and configuration of the land as well as the existing use of the land proposed for rezoning is such that it will not have any regional implications.
8.7. Section 30O of LUPAA requires that an amendment to an interim planning scheme is as far as practicable consistent with the regional land use strategy. The proposed amendment would not significantly change the existing use of the site and as such would not conflict with the strategic directions of the Southern Tasmania Regional Land Use Strategy.
9. Environmental Considerations
9.1. The site of the proposed amendment is subject to the Biodiversity Code in the HIPS 2015. As such identified environmental values are protected. It is not intended to amend the overlay, therefore the change in zone will not alter or override this. The proposed reuse of the existing buildings and fire management area is considered a sustainable outcome for both the site, and the broader area as it provides opportunities for ongoing use and development of the site without encroaching further into areas of conservation significance.
9.2. The inclusion of the existing bushfire management area within the land to be rezoned would also protect environmental values of the larger site by containing vegetation management for bushfire hazard clearing to land zoned Low Density Residential.
10. Social and Customer Considerations
10.1. The proposal is not considered to have any negative impact on social inclusion.
11. Marketing and Media
11.1. There are no marketing or branding implications of this amendment.
12. Community and Stakeholder Engagement
12.1. The Council has requested that reports which recommended the initiation of planning scheme amendments address the need to conduct a public meeting or forum to explain the proposed amendments and also outline the explanatory information to be made available. These are addressed below:
12.1.1. It is not considered that a public forum is necessary to explain the proposed amendment to the public as it is relatively simple and self-explanatory.
12.1.2. The following information will be made available on the website: a copy of this report, a copy of the formal amendment document and the applicant’s submission.
13. Delegation
13.1. Delegation rests with the 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.
Michaela Nolan Development Appraisal Planner |
James McIlhenny Manager Planning Policy & Heritage |
Date: 7 March 2018
File Reference: F18/8871
Attachment a: Applicants Submission ⇩
Attachment b: PSA-18-1 - Amendment Document ⇩
Attachment c: PSA-18-1 - Instrument of Certification ⇩
Item No. 8.1 |
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8.2 Monthly Building Statistics - 1 February 2018 - 28 February 2018
Memorandum of the Director City Planning of 7 March 2018 and attachments.
Delegation: Council
Item No. 8.2 |
Agenda (Open Portion) City Planning Committee Meeting |
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Memorandum: City Planning Committee
Monthly Building Statistics -
1 February 2018 - 28 February 2018
The Director City Planning submits the following information in relation to plans approved under the Building Regulations 2016 and Building Act 2016 together with the attached graphs, for the period 1 February until 28 February 2018
That it be received for information that:
1. During the period 1 February 2018 to 28 February 2018, 47 permits were issued to the value of $10,618,406 which included:
(i) 27 for Extensions/Alterations to Dwellings to the value of $2,990,410;
(ii) 7 New Dwellings to the value of $2,675,210; and
(iii) 1 Major Project:
(a) 48 Liverpool Street (RHH), Hobart - Commercial Internal Alterations (ICU Ceiling Replacement) - $1.375 Million
2. During the period 1 February 2017 to 29 February 2017, 51 permits were issued to the value of $16,967,184 which included:
(i) 13 Extensions/Alterations to Dwellings to the value of $4,843,127
(ii) 18 New Dwellings to the value of $5,285,257; and
(iii) 4 Major Projects:
(a) 19-27 Campbell Street, Hobart (RHH) - New Building (preliminary in ground works only) $3.5 million
(b) 34 Davey Street, Hobart - Demolition (Parliament Square) - $3.3 Million
(c) 3 Burnett Street, North Hobart - Medical Imaging Centre Fit Out - $1 Million
(d) 22-26 Elizabeth Street, Hobart - Office Alterations, Stage 1, (Department of Health and Human Services Level 4 and 5) - $1.6 Million
1. In the twelve months ending February 2017, 443 permits were issued to the value of $103,717,937; and
2. In the twelve months ending February 2018, 434 permits were issued to the value of $225,759,826.
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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 |
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Date: 7 March 2018
File Reference: F18/20677
Attachment a: Building Permits Issued - 5 year Comparison ⇩
Attachment b: Builidng Permits Value - 5 Year Comparison ⇩
Item No. 8.2 |
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8.3 Delegated Decisions Report (Planning)
Memorandum of the Director City Planning of 7 March 2018 and attachment.
Delegation: Committee
Item No. 8.3 |
Agenda (Open Portion) City Planning Committee Meeting |
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Memorandum: City Planning Committee
Delegated Decisions Report (Planning)
Attached is the delegated planning decisions report for the period 20 February 2018 until the 5 March 2018.
That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 7 March 2018 be received and noted.
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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 |
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Date: 7 March 2018
File Reference: F18/20665
Attachment a: Delegated
Decisions Report -
20 February 2018 to 5 March 2018 ⇩
Item No. 8.3 |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
Page 557 ATTACHMENT a |
Agenda (Open Portion) City Planning Committee Meeting |
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8.4 City Planning - Advertising List
Memorandum of the Director City Planning of 7 March 2018 and attachment.
Delegation: Committee
Item No. 8.4 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 560 |
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Memorandum: City Planning Committee
City Planning - Advertising List
Attached is the advertising list for period 17 February 2018 until 2 March 2018.
That the information contained in the memorandum titled ‘City Planning – Advertising List’ of 7 March 2018 be received and noted.
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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 |
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Date: 7 March 2018
File Reference: F18/20672
Attachment a: Advertising List - 17 February 2018 to 2 March 2018 ⇩
Item No. 8.4 |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
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9. Committee Action Status Report
A report indicating the status of current decisions is attached for the information of Aldermen.
REcommendation
That the information be received and noted.
Delegation: Committee
Item No. 9.1 |
Agenda (Open Portion) City Planning Committee Meeting - 13/3/2018 |
Page 566 ATTACHMENT a |
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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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