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City of hobart

 

 

 

 

AGENDA

City Planning Committee Meeting

 

Open Portion

 

Monday, 30 April 2018

 

at 5:00 pm

Lady Osborne Room, Town Hall


 

 

 

 

THE MISSION

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

THE VALUES

The Council is:

 

about people

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

professional

We take pride in our work.

enterprising

We look for ways to create value.

responsive

We’re accessible and focused on service.

inclusive

We respect diversity in people and ideas.

making a difference

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

 

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 3

 

30/4/2018

 

 

ORDER OF BUSINESS

 

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

 

APOLOGIES AND LEAVE OF ABSENCE

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

2.        Confirmation of Minutes. 4

3.        Consideration of Supplementary Items. 4

4.        Indications of Pecuniary and Conflicts of Interest. 4

5.        Transfer of Agenda Items. 5

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

7.        Committee Acting as Planning Authority. 6

7.1     Applications under the Hobart Interim Planning Scheme 2015  7

7.1.1       19 Elphinstone Road, Mount Stuart - Partial Change of Use to Visitor Accommodation.. 7

7.1.2       2 Davies Avenue, Hobart - Partial Demolition, Works and Lighting (Re-Advertised - Amended Proposal) 33

8.        Reports. 266

8.1     2018/2019 Fees and Charges - City Planing Division. 266

8.2     City Planning - Advertising List 291

8.3     Delegated Decisions Report (Planning) 295

9.        Committee Action Status Report. 298

9.1     Committee Actions - Status Report 298

10.     Questions Without Notice. 305

11.     Closed Portion Of The Meeting.. 306

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 5

 

30/4/2018

 

 

City Planning Committee Meeting (Open Portion) held Monday, 30 April 2018 at 5:00 pm in the Lady Osborne Room, Town Hall.

 

COMMITTEE MEMBERS

Briscoe (Chairman)

Ruzicka

Burnet

Denison

 

ALDERMEN

Lord Mayor Christie

Deputy Lord Mayor Sexton

Zucco

Cocker

Thomas

Reynolds

Harvey

Apologies:

 

 

Leave of Absence:

Alderman E R Ruzicka.

 

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

 

 

 

2.       Confirmation of Minutes

 

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 16 April 2018, are submitted for confirming as an accurate record.

 

 

 

 

3.       Consideration of Supplementary Items

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

Recommendation

 

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

 

 

 

 

4.       Indications of Pecuniary and Conflicts of Interest

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

 

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

 

5.       Transfer of Agenda Items

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

 

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

 

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

 

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

 

 

6.       Planning Authority Items - Consideration of Items With Deputations

 

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

 

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

 

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

 

RECOMMENDATION

 

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

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 6

 

30/4/2018

 

 

7.       Committee Acting as Planning Authority

 

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

 

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

 

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

 


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 8

 

30/4/2018

 

 

7.1     Applications under the Hobart Interim Planning Scheme 2015

 

7.1.1   19 Elphinstone Road, Mount Stuart - Partial Change of Use to Visitor Accommodation

            pln-18-119 - FILE REF: F18/35288

Address:                         19 Elphinstone Road, Mount Stuart

Proposal:                       Partial Change of Use to Visitor Accommodation

Expiry Date:                   3 June 2018

Extension of Time:       Not applicable

Author:                           Michelle Foale

 

 

REcommendation

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial change of use to visitor accommodation at 19 Elphinstone Road, Mount Stuart, 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 PLN­18­119 ­ 19 ELPHINSTONE ROAD MOUNT STUART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

 

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

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 at any time.

NOISE REGULATIONS

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

VISITOR ACCOMMODATION

No parking of vehicles on site by users of the visitor accommodation is approved by this planning permit.

 

No signage is approved by this planning permit. If signage is required, prior to installing it you must consult with the Council to determine whether a planning permit is required.

 

You should consult with your insurance provider to ensure appropriate insurance coverage.

 

More information on visitor accommodation can be found here.

 

Attachment a:             PLN-18-119 - 19 ELPHINSTONE ROAD MOUNT STUART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-18-119 - 19 ELPHINSTONE ROAD MOUNT STUART TAS 7000 - CPC Agenda Documents   


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 30/4/2018

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ATTACHMENT a

 

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Item No. 7.1.1

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ATTACHMENT b

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 35

 

30/4/2018

 

 

7.1.2   2 Davies Avenue, Hobart - Partial Demolition, Works and Lighting (Re-Advertised - Amended Proposal)

            pln-17-979 - FILE REF: F18/34968

Address:                         2 Davies Avenue, Hobart

Proposal:                       Partial Demolition, Works and Lighting (Re-Advertised – Amended Proposal)

Expiry Date:                   24 May 2018

Extension of Time:       Not applicable

Author:                           Elizabeth Wilson

 

 

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, works and lighting (re-advertised – amended proposal) at 2 Davies Avenue, 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 PLN­17­979 ­ 2 DAVIES AVENUE 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 2017/01953­HCC dated 12 December 2017 as attached to the permit.

 

Reason for condition

To clarify the scope of the permit.

 

HER 18

All trees in proximity to the light pole sites must be protected throughout excavation, installation and post construction with stakes and barrier mesh marking out t\Tree Protection Zones, and measures specified under Section 3 (Determining the Protection Zones of the Selected Trees), section 4 (Tree Protection Measures) and Section 5 (Monitoring and Certification) of AS49702009 Protection of Trees on Development Sites must be carried out. These measures must include exclusion of machinery traffic, storage or disposal of building materials or excavated soil within the Tree Protection Zone. The advice of an arborist should be obtained to prevent the compaction of soil.

 

Reason for condition

 

To ensure that development in a cultural landscape precinct is undertaken in a manner which does not cause loss of historic cultural heritage values.

 

ENVHE 4

A Construction Environmental Management Plan (CEMP) must be implemented throughout the construction worksAs per the recommendations of the report titled 'Detailed Environmental Site Investigation ­ Proposed Light Upgrades ­ Soldiers Memorial and Domain Crossroads Oval' prepared by Pitt & Sherry and dated 17 October 2017, a CEMP must be submitted and approved prior to the issuing of any consent under the Building Act 2016 or the commencement of works on site, whichever occurs first.

 

The plan must include, but is not limited to, the following:

1.    A plan for contaminated soil management (estimated volumes and locations of Level 1 and Level 2 soil waste is detailed in the report recommendations) and disposal during excavation works.

 

 

 

2.      Protection measures for excavation workers to minimise dermal contact and inhalation.

 

3.    Monitoring of methane gas and explosive gas mixtures during excavation works.

 

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

Advice: Once the CEMP has been approve, 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 minimal impact on the amenity of adjoining properties and members of the public during the construction period.

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

As 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.

WASTE DISPOSAL

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

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

 

Attachment a:             PLN-17-979 - 2 DAVIES AVENUE HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-17-979 - 2 DAVIES AVENUE HOBART TAS 7000 - CPC Agenda Documents

Attachment c:            PLN-17-979 - 2 DAVIES AVENUE HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report   


Item No. 7.1.2

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Item No. 7.1.2

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ATTACHMENT b

 

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Item No. 8.1

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8.       Reports

 

8.1    2018/2019 Fees and Charges - City Planing Division

          File Ref: F18/34318

Report of the Director City Planning of 23 April 2018 and attachment.

Delegation:     Council


Item No. 8.1

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REPORT TITLE:                  2018/2019 Fees and Charges - City Planing Division

REPORT PROVIDED BY:  Director City Planning

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to seek endorsement of the proposed 2018/2019 fees and charges schedule applicable to the City Planning Division.

2.         Report Summary

2.1.     Pursuant to section 205 of the Local Government Act 1993, the Council may impose fees and charges for various services.

2.2.     The attached schedules detail the proposed fees and charges for the following activities  for the 2018/2019 financial year:

2.2.1.     Environmental Health

2.2.2.     Development Compliance (City Inspector, Building and Plumbing Compliance and Animal Management)

2.2.3.     Development Appraisal

2.2.4.     Planning Policy and Heritage (Scheme Amendments and City Planning Publications)

2.2.5.     City Design

3.         Recommendation

That the attached schedules (Attachment A) of fees and charges be approved for the City Planning Division for the 2018/2019 financial year.

 

 

4.         Background

4.1.     The fees and charges for the City Planning Division are reviewed each year as part of the City of Hobart’s annual budget process.

5.         Proposal and Implementation

5.1.     It is proposed that the attached 2018/2019 schedule of fees and charges be endorsed for the by the City Planning Committee, prior to Council approval.

5.2.     The fees and charges for 2018/2019 will become effective as at 1 July 2018.

6.         Strategic Planning and Policy Considerations

6.1.     The annual review of the City’s fees and charges contributes to the Capital City Strategic Plan 2015-2025 – Goal 5 – ‘Governance, Leadership provides for informed decisions-making for our capital city”, from the Capital City Strategic Plan 2015-2025.

7.         Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     Not applicable.

7.2.     Impact on Future Years’ Financial Result

7.2.1.     The review of the fees and charges has been undertaken and expected increase/decreases for the 2018/2019 financial year for each function area is expected as follows:

7.3.     Environmental Health

7.3.1.     Predicted increased revenue due to a modest increase in fees for the renewal of registration for food businesses and the establishment of a penalty fee to cover the costs associated with failure to renew certificates within statutory timeframes.

7.4.     Development Appraisal

7.4.1.     The anticipated increase for Development Appraisal is based upon a predication of continued relatively strong planning application numbers, as well as recommended incremental increases in some development engineering fees to better reflect the cost of the service, and improved capture of some development engineering fees.

7.5.     Development Compliance

7.5.1.     The increase in revenue is based around the estimated building activity within the municipality. There has also some minor amendments to fees to better reflect the cost of the service.

7.6.     Planning Policy and Heritage

7.6.1.     The slight increase in revenue is due to an expected increase in book sales and planning scheme amendment applications.         

Function Area

2017/2018 Budget

2018/2019 Budget

Increase / Decrease

Environmental Health

$301,650

$340,775

$39,125

12.97%

Development Compliance – City Inspector, Building and Plumbing Compliance and Animal Management

$1,218,000

$1,276,175

 

$58,175

4.78%

Development Appraisal

$812,600

$910,000

$97,400

11.99%

City Design

$500

$1,500

$640

74.42%

Planning Policy and Heritage – Scheme Amendments and City Planning Publications

$40,100

$45,850

$5,750

14.34%

8.         Legal, Risk and Legislative Considerations

8.1.     Pursuant to section 205 of the Local Government Act 1993, the Council may impose fees and charges for various services.

9.         Delegation

9.1.     Fees and charges are a matter for the Council to determine.

 

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

 

Neil Noye

Director City Planning

 

 

Date:                            23 April 2018

File Reference:          F18/34318

 

Attachment a:             2018/2019 Schedule of Fees and Charges - City Planning Division   


Item No. 8.1

Agenda (Open Portion)

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Page 277

ATTACHMENT a

 

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8.2    City Planning - Advertising List

          File Ref: F18/35537

Memorandum of the Director City Planning of 24 April 2018 and attachment.

Delegation:     Committee


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Memorandum: City Planning Committee

 

City Planning - Advertising List

 

Attached is the advertising list for the period 9 April 2018 – 20 April 2018.

 

REcommendation

That the information contained in the memorandum titled ‘City Planning – Advertising List’ of 24 April 2018 be received and noted.

 

 

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

 

Neil Noye

Director City Planning

 

 

Date:                            24 April 2018

File Reference:          F18/35537

 

 

Attachment a:             City Planning - Advertising Report   


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8.3    Delegated Decisions Report (Planning)

          File Ref: F18/35531

Memorandum of the Director City Planning of 24 April 2018 and attachment.

Delegation:     Committee


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Memorandum: City Planning Committee

 

Delegated Decisions Report (Planning)

 

Attached is the delegated planning decisions report for the period 10 April until 20 April 2018.

 

REcommendation

That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 24 April 2018 be received and noted.

 

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

 

Neil Noye

Director City Planning

 

 

Date:                            24 April 2018

File Reference:          F18/35531

 

 

Attachment a:             Delegated Permits Report - 10 April 2018 to 20 April 2018   


Item No. 8.3

Agenda (Open Portion)

City Planning Committee Meeting - 30/4/2018

Page 305

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Item No. 9.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 306

 

30/4/2018

 

 

9.       Committee Action Status Report

 

9.1      Committee Actions - 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

 

 

Attachment a:             City Planning Status Report - March 2018    


Item No. 9.1

Agenda (Open Portion)

City Planning Committee Meeting - 30/4/2018

Page 308

ATTACHMENT a

 

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Agenda (Open Portion)

City Planning Committee Meeting

Page 314

 

30/4/2018

 

 

10.     Questions Without Notice

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

File Ref: 13-1-10

 

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

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

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

(i)    offer an argument or opinion; or

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

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

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

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

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

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

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

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

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

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 315

 

30/4/2018

 

 

11.     Closed Portion Of The Meeting

 

The following items were discussed: -

 

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

Item No. 2          Consideration of supplementary items to the agenda

Item No. 3          Indications of pecuniary and conflicts of interest

Item No. 4          Committee Action Status Report

Item No. 4.1       Committee Actions - Status Report

LG(MP)R 15(2)(d)

Item No. 5          Questions Without Notice