Agenda (Open Portion)

City Planning Committee Meeting

Page 6

14/5/2018

City Planning Committee Meeting (Open Portion) held Monday, 14 May 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.

Alderman H C Burnet.

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, 30 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.

Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 9

14/5/2018

7.1 Applications under the Hobart Interim Planning Scheme 2015

7.1.1 157 Elizabeth Street, Hobart - Public Art Installation

pln-18-158 - FILE REF: F18/41462

Address: 157 Elizabeth Street, Hobart

Proposal: Public Art Installation

Expiry Date: 31 May 2018

Extension of Time: Not applicable

Author: Adam Smee

REcommendation

That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for public art installation at 157 Elizabeth Street, 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 PLN18158 157 ELIZABETH STREET HOBART TAS 7000 Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council's infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or revegetated.

Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

Reason for condition

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

ADVICE

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

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

BUILDING PERMIT

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

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

WORK PLACE HEALTH AND SAFETY

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

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.

LEVEL 1 ACTIVITIES

The activity conducted at the property is an environmentally relevant activity and a Level 1 Activity as defined under s.3 of the Environmental Management and Pollution Control Act 1994. For further information on what your responsibilities are, click here.

NOISE REGULATIONS

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-18-158 - 157 ELIZABETH STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-18-158 - 157 ELIZABETH STREET HOBART TAS 7000 - Attachment B - CPC Agenda Documents ⇩

Attachment c: PLN-18-158 - 157 ELIZABETH STREET HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report ⇩

Attachment d: PLN-18-158 - 157 ELIZABETH STREET HOBART TAS 7000 - Planning Referral Officer Environment Health Report ⇩

Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 35

14/5/2018

7.1.2 2 - 2A Burnett Street, North Hobart - Partial Demolition, Alterations and Change Of Use to Boarding House

pln-18-39 - FILE REF: F18/41435

Address: 2 - 2A Burnett Street, North Hobart

Proposal: Partial Demolition, Alterations and Change of Use to Boarding House

Expiry Date: 21 June 2018

Extension of Time: Not applicable

Author: Deanne Lang

REcommendation

That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and change of use to boarding house at 22A Burnett Street, North 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 Application Document PLN1839 2-2A BURNETT STREET NORTH 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 2018/00115HCC dated 1 February 2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG 1

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.

ADVICE

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

EXTERNAL LIGHTING

Any proposed external lighting/security lighting located to rear or side of the building must operate in accordance with Australian Standard AS4282 Control of the obtrusive effects of outdoor lighting.

RESIDENTIAL PARKING PERMITS

Residents of the boarding house are not eligible to apply for or receive residential parking permits.

ONSITE BICYCLE PARKING

The provision of onsite bicycle racks is strongly recommended.

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.

NOISE REGULATIONS

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

Attachment a: PLN-18-39 - 2-2A BURNETT STREET NORTH HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-18-39 - 2-2A BURNETT STREET NORTH HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-18-39 - 2-2A BURNETT STREET NORTH HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 116

14/5/2018

7.1.3 1 Harbroe Avenue, New Town and Adjoining Right Of Way - Multiple Dwelling, Fencing and Associated Hydraulic Infrastructure

pln-18-54 - FILE REF: F18/41469

Address: 1 Harbroe Avenue, New Town and Adjoining Right Of Way

Proposal: Multiple Dwelling, Fencing and Associated Hydraulic Infrastructure

Expiry Date: 22 May 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 multiple dwelling, fencing and associated hydraulic infrastructure at 1 Harbroe Avenue New Town and Adjoining Right of Way 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 PLN1854 1 HARBROE AVENUE NEW TOWN TAS 7008 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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 2018/00191HCC dated 14/02/2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw2.1

A digital CCTV video and report of the Council's stormwater main within the site and diverted in the right of way must be undertaken and submitted to the Council on completion of the maintenance period.

The post construction CCTV will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. Any damage to the Council's infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council's infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENG sw3

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

Detailed engineering design of any works within one metre of the nearest external surface of the stormwater infrastructure must be submitted and approved prior to the issue of any consent under the Building Act 2016 or commencement of works (whichever occurs first).

The detailed engineering design must:

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

2. Include an indicative crosssection clearly showing the relationship both vertically and horizontally between the 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.

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

Advice: Once the detailed engineering 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 construction of the stormwater diversion must be completed prior to occupancy.

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

1. Be certified by a qualified and experienced engineer.

2. Show in both plan and longsection the proposed stormwater main, including but not limited to, connections, flows, hydraulic grade lines, clearances, cover, gradient, sizing, material, pipe class, and inspection openings.

3. Show the main to have at least a nominal internal diameter of 300mm.

4. Clearly distinguish between public and private infrastructure.

5. Demonstrate that services to thirdparty properties will be maintained at all times during the development.

6. 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).

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.

Reason for condition

To ensure Council’s hydraulic infrastructure meets acceptable standards.

ENG 4

The proposed access driveway/parking module (car parking space) 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.

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

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.

Reason for condition

To ensure that any of the Council's infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 2

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

A SWMP must be submitted 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).

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.

ADVICE

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

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016. Click

here for more information.

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit 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. 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 ONE METRE OF STORMWATER

You will need separate permission under s73 of the Building Act 2016 and s13 of the Urban Drainage Act for any works (including cut/fill) within one metre horizontally of the nearest external surface of the stormwater main. Please contact Hobart City Council’s City Infrastructure Division to discuss.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

You will require a permit to construct public infrastructure. A 12 month maintenance period, bond and CCTV will be required. Please contact the Hobart City Council's City Infrastructure Division to initiate the permit process.

NEW SERVICE CONNECTION

Please contact the Hobart City Council's City Infrastructure Division to initiate the application process for your new service connection.

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.

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-18-54 - 1 HARBROE AVENUE NEW TOWN TAS 7008 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-18-54 1 HARBROE AVENUE NEW TOWN TAS 7008 - CPC Agenda Documents ⇩

Attachment c: PLN-18-54 - 1 HARBROE AVENUE NEW TOWN TAS 7008 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.1.5

Agenda (Open Portion)

City Planning Committee Meeting

Page 195

14/5/2018

Memorandum: City Planning Committee

19 Elphinstone Road, Mount Stuart - Partial Change of Use to Visitor Accommodation - Deferral - PLN-18-119

At its meeting of 30 April 2018, the Council’s City Planning Committee resolved to defer item 7.1.1 in relation to the abovementioned planning application as follows:

That the item be deferred to allow Council Officers time to initiate and facilitate mediation between the Applicant and Representors to assist in a possible resolution of the current civil dispute relating to use of the Footway and Right of Way in the vicinity of 19 Elphinstone Road, Mount Stuart and for the Applicant to provide Council Officers with recent survey documentation.

Following deferral, the applicant has advised that they would prefer not to grant Council an extension of time in relation to their planning application. Without that extension, there is insufficient time to engage an independent conciliator, schedule and convene conciliation at a time convenient to all parties, and then report any outcomes of that conciliation to meetings of the City Planning Committee and Council prior to the application’s statutory timeframe expiring on 3 June 2018.

The applicant has, however, indicated a willingness to explore the possibility of conciliation following, rather than prior to, Council’s determination of the planning application. Therefore, while the matters likely to be the addressed in any conciliation are civil in nature and beyond the scope of this planning application, Aldermen may wish to consider imposing advice on any planning permit issued referring to the possibility of conciliation following determination of the application. Such advice could read as follows:

Council provides a Conciliation Service for disputes relating to development applications. While matters raised during the assessment of this application regarding use of the Footway and Right of Way in the vicinity of 19 Elphinstone Road appear to be civil in nature, Council will initiate this service at no cost to the applicant, representors and other beneficiaries of the Footway and Right of Way following determination of the planning application, to assist with possible resolution of those matters. Further information regarding this Conciliation Service can be found on the Council’s website via this link.

In relation to the section of the deferral motion regarding the provision of survey documentation, the applicant has indicated that their preference is not to provide that documentation due to it not being required as part of the planning application’s assessment.

Conclusion

While the applicant has indicated their preference is to not provide Council with an extension of time or survey documentation, they have indicated a willingness to consider conciliation following, rather than prior to, Council’s determination of the planning application.

The officer recommendation (as detailed in the planning report dated 13 April 2018, attached below) is to approve the partial change of use to visitor accommodation proposed by the subject application.

Aldermen may wish to consider imposing advice on any planning permit issued referring to the possibility of conciliation following determination of the application.

Conciliation

REcommendation

That: 1. 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 dated 13 April 2018 and a permit containing the conditions recommended in that report 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

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.

2. That if Aldermen wish to consider imposing the advice discussed in the memorandum above, the following advice could be added to any planning permit issued:

Conciliation

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.

Rohan Probert

Manager Development Appraisal

Date: 9 May 2018

File Reference: F18/41470

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. 7.1.6

Agenda (Open Portion)

City Planning Committee Meeting

Page 224

14/5/2018

Memorandum: City Planning Committee

23 King Street, Sandy Bay - ETA - 17-163 - Request for Extension of Time to Permit - PLN-14-01175-01

Introduction

This memorandum relates to a request to extend the time period in which to substantially commence planning permit PLN-14-01175-01 (the planning permit), which would otherwise have lapsed on 27 August 2017. The applicant’s request to extend the permit was made in October 2017, within six months of the permit lapsing as allowed for under the Land Use Planning and Approvals Act 1993. If approved, the extension of time would be until 27 August 2019.

Background

On 27 August 2015, approval was granted by the Council for Partial Demolition, Extension, Alterations and Partial Change of Use to Multiple Accommodation (the proposal) at 23 King Street, Sandy Bay (the site). The approved drawings of the proposal are provided at Attachment A.

The proposal was assessed against the relevant provisions of the Battery Point Planning Scheme 1979. The only discretion was use. Ten representations were received, and a number of the representors appealed the Council’s approval. The original Committee report is provided at Attachment B.

On 16 July 2015, the Resource Management and Planning Appeal Tribunal (the Tribunal) upheld the Council’s approval of the proposal, and dismissed the appeal. On 27 August 2015, the Tribunal determined the conditions to be applied to the proposal and directed the Council to issue the planning permit. The Tribunal’s decisions are provided at Attachment C.

The applicant had until 27 August 2017 to substantially commence the proposal. The proposal has not yet been substantially commenced.

The applicant has therefore requested an extension of time in which to substantially commence the proposal. The request was received by the Council on 3 October 2017. Under the Land Use Planning and Approvals Act 1993, an applicant may apply for such an extension up to six months after a planning permit has lapsed. As such, the applicant has made the request for the extension within the allowed statutory time frame.

If approved the extension of time would allow the applicant until 27 August 2019 in which to substantially commence the planning permit. The request is made under section 53(5A) of the Land Use Planning and Approvals Act 1993.

The application was the subject of ongoing discussions between the applicant and the Council’s Senior Development Engineer, which resulted in it taking until now for the matter to come before Council for determination.

Extension of Time Delegation

Requests for extensions of time to substantially commence a planning permit can be dealt with at an officer level under delegation, unless the ‘strategic intent of the relevant planning scheme has significantly changed’. If the strategic intent of the planning scheme has significantly changed, delegation to determine the request rests with the Council.

As stated above, the proposal was considered under the relevant provisions of the Battery Point Planning Scheme 1979. The Hobart Interim Planning Scheme 2015 came into force on 20 May 2015. If the provisions of the Hobart Interim Planning Scheme 2015 represent a significant change in the strategic intent to the provisions of the Battery Point Planning Scheme 1979 insofar as they are applicable to the proposal, delegation to grant the request for an extension of time to the planning permit rests with the Council.

The Strategic Intent of the Planning Scheme

Under the Battery Point Planning Scheme 1979, the site was in Zone 1 Residential, it was not heritage listed, the use was residential, and the residential standards applied to it.

Under the Hobart Interim Planning Scheme 2015, the site is in the Inner Residential Zone, is in a heritage precinct, the use is residential, and the zone residential standards apply to it. The proposal would also be subject to Codes for parking and stormwater.

The change to the heritage status of the site is considered to be a significant change to the strategic intent of planning provisions applicable to the site, and as such, delegation to determine the extension of time request rests with the Council.

Heritage Assessment

The Council’s Cultural Heritage Officer has considered the proposal against the provisions of the Hobart Interim Planning Scheme 2015. The officer has confirmed that the proposal would not have a detrimental impact upon the characteristics of Heritage Precinct SB1, noting as follows:

Under the previous Battery Point Planning Scheme 1979, the site was identified as forming part of the culturally and historically important area of Battery Point. As such, the proposal was referred for examination against the heritage provisions of the then planning scheme. Under the current Hobart Interim Planning Scheme 2015, the site is once again identified as forming part of the culturally important heritage precinct of Quayle / King Street (SB1). The heritage policies and aims of both the previous and current planning scheme are deemed to be largely in accordance with each other and thus the proposal is considered to comply with the heritage provisions of the current Hobart Interim Planning Scheme 2015.

Planning Assessment

While the planning assessment required under the former Battery Point Planning Scheme 1979 and the current Hobart Interim Planning Scheme 2015 is quite different, if the proposal were submitted for planning approval today, it is likely that it would gain officer support. The proposal would not meet the acceptable solutions for the building envelope and parking (one space deficient), however the proposal is considered supportable against the relevant performance criteria.

The extension of time request has the support of the Council’s Senior Development Engineer.

Conclusion

The strategic intent of planning provisions applicable to the site has significantly changed from the former Battery Point Planning Scheme 1979 to the Hobart Interim Planning Scheme 2015, on the basis that the site is now within Heritage Precinct SB1.

The Council’s Cultural Heritage Officer has advised that they support the extension of time request for planning permit PLN-14-01175-01.

The Council’s Senior Development Engineer has also advised that they support the extension of time request for planning permit PLN-14-01175-01.

It is considered that if planning approval for the proposal were sought today, it would be supportable at officer level.

If the Council grants the extension of time request, the applicant will have until 27 August 2019 to substantially commence the proposal.

If the Council refuses to grant the extension of time request, the applicant may lodge a new development application which will be assessed under the Hobart Interim Planning Scheme 2015.

There is no provision under the Act to appeal an extension of time refusal.

REcommendation

That it is recommended that the Council approve the extension of time request lodged under Section 53(5A) of the Land Use Planning and Approvals Act 1993 in respect of PLN-14-01175-01.

Rohan Probert

Manager Development Appraisal

Date: 8 May 2018

File Reference: F18/41450

Attachment a: ETA-17-163 - 23 KING STREET SANDY BAY TAS 7005 - Memo Attachment A Approved Drawings ⇩

Attachment b: ETA-17-163 - 23 KING STREET SANDY BAY TAS 7005 - Memo Attachment B Original Committee Report ⇩

Attachment c: ETA-17-163 - 23 KING STREET SANDY BAY TAS 7005 - Memo Attachment C - Tribunal Decisions ⇩

Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 284

14/5/2018

Memorandum: City Planning Committee

Monthly Building Statistics - 1 April 2018 - 30 April 2018

Attached is the Monthly Building Statistics for the period 1 April 2018 until 30 April 2018.

REcommendation

That the information be received and noted:

A. 1. During the period 1 April 2018 to 30 April 2018, 74 permits were issued to the value of $24,016,872 which included:

(i) 37 for Extensions/Alterations to Dwellings to the value of $5,122,271

(ii) 11 New Dwellings to the value of $6,101,025 and

(iii) 3 Major Projects:

(a) Melville Street, Hobart - Commercial Fit Out (IVF Clinic) - $5,000,000

(b) 85-89 Collins Street, Hobart - Commercial Internal Alterations (H&M Fitout) - $3,060,000

2. During the period 1 April 2017 to 30 April 2017, 58 permits were issued to the value of $15,360,800 which included:

(i) 11 Extensions/Alterations to Dwellings to the value of $4,300,500

(ii) 20 New Dwellings to the value of $6,005,000 and

(iii) 4 Major Projects:

(a) 11 Creek Road, Lenah Valley - Alterations to School - $2,239,500

(b) 337 Churchill Avenue, Sandy Bay - New Buildings (units 1 to 3 only) - $1,200,000

(d) 337 Churchill Avenue, Sandy Bay - New Buildings (units 4 to 7 only) - $1,000,000

B. 1. In the twelve months ending April 2017, 705 permits were issued to the value of $195,180,037 and

2. In the twelve months ending April 2018, 702 permits were issued to the value of $494,224,055

Neil Noye

Director City Planning

Date: 8 May 2018

File Reference: F18/40863

Attachment a: Building Permits Issued (Accumulative Monthly Totals) 5 Year Comparison ⇩

Attachment b: Building Permits Value (Accumulative Monthy Totals) 5 Year Comparison ⇩

Item No. 9.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 298

14/5/2018

Memorandum: Lord Mayor

Deputy Lord Mayor

Aldermen

Response to Question Without Notice

The Removal of Important and Significant Trees

Meeting: City Planning Committee

Meeting date: 26 March 2018

Raised by: Alderman Reynolds

Question:

Could the Director please advise if the important and significant trees found in Hobart's bushland reserves are fully protected or could they be removed without need for a planning permit?

Response:

In broad terms, trees within Hobart’s bushland reserves require planning approval to be removed unless they are exempt from the need to do so.

Under current planning provisions, tree removal is exempt from requiring planning approval unless one of the following applies^{^[1]}:

1. The tree is listed within the Significant Tree List of the Hobart Interim Planning Scheme 2015 [NB: There are 12 trees within bushland reserves that are listed in the Significant Tree Code - 11 trees are in the Queens Domain reserve (10 are pine or cedar trees behind the Doone Kennedy Hobart Aquatic Centre, and one is an Elm tree at the TCA Ground), and there is one tree in Wellesley Park Playground (a eucalyptus tree)];

2. The tree is part of a Heritage Tasmania heritage listing, and Heritage Tasmania do not issue an exemption for the removal of the tree;

3. The tree is specifically included in the General Description column of a Heritage Listed property under the Historic Heritage Code of the Hobart Interim Planning Scheme 2015;

4. The tree is within the biodiversity overlay under the Biodiversity Code of the Hobart Interim Planning Scheme 2015, and is part of a high or moderate biodiversity value vegetation community, but the tree removal is not:

a. For a Level 2 Activity as defined by the Environmental Management and Pollution Control Act 1993;

b. For forest operations;

c. For fire hazard management;

d. To remove or destroy declared weeds or local environmental weeds;

e. To remedy an unacceptable risk to public or private safety;

f. To prevent environmental harm;

g. To protect a water supply, water course, lake, wetland, tidal waters, or coastal values;

h. For the maintenance, repair, upgrading or replacement of existing infrastructure (e.g. roads, tracks, footpaths, cycle paths, drains, sewers, pipelines and telecommunications facilities) but only within 2m of that infrastructure;

i. To keep power lines operating safely; or

j. Within 2m of a boundary line for the purposes of erecting or maintaining a boundary fence.

5. The tree is protected by a permit condition, an agreement made under Part 5 of the Land Use Planning and Approvals Act 1993, a covenant or other legislation;

6. Removal of the tree would disturb more than 1m² of land that has been affected by a potentially contaminating activity;

7. Removal of the tree would require more than 0.5m of excavation in a landslip hazard area shown in the planning scheme;

8. The tree is threatened vegetation;

9. The tree is located within 30m of a wetland or watercourse;

10. The tree is within the area covered by the Sullivans Cove Planning Scheme 1997.

It is also worth noting that even if the removal of an important or significant tree from a bushland reserve doesn’t require planning approval, the removal of the tree in question is also managed by Council as the land owner and/or manager.

Neil Noye

Director City Planning

Date: 9 May 2018

File Reference: F18/29130; 13-1-10

[1] Except if considered to be urgent works, that are undertaken for public safety or to protect property or the environment as a result of an emergency situation, that are required or authorised by or on behalf of the State Government, a Council, a statutory authority, or a corporation all the shares of which are held by or on behalf of the State or by a statutory authority.

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