Minutes (Open Portion)

Council Meeting

Page 2

18/6/2018

Minutes (Open Portion)

Council Meeting

Page 4

18/06/2018

The Chairman reports that he has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 4 June 2018, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Harvey

Ruzicka                                                          That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

No items were transferred.

ZUCCO

BRISCOE                                                That the item 24 be taken after item 9.

MOTION CARRIED

VOTING RECORD

The Lord Mayor presented a papurus print which he received during an official visit from the Ambassador of Egypt, His Excellency Mr Mohamed Khairat.

The Lord Mayor noted with regret the death of former Fingal Councillor and Break O’Day Mayor, Robert Legge AM.

Mr Legge also served on Board of the Australian Local Government Association and was a member of the Local Government Association of Tasmania.

The Lord Mayor also noted with regret the death of former Devonport Mayor, Mary Binks OAM.

Mary was Devonport’s the first female Mayor and also served as a member of the Cradle Coast Authority.

The meeting observed a minute’s silence. 

Ruzicka

Zucco    

That letters of condolence be sent to the families of Robert Legge and Mary Binks on behalf of the Council.

MOTION CARRIED

VOTING RECORD

Mr Paul Daniels put the following questions and was provided with the corresponding response from the Lord Mayor on behalf of the Council.

Questions:

How will adoption of a second name, not dilute the cultural heritage of all of the previous generations of peoples that built the City of Hobart?

Given that reconciliation requires a recognition of a shared past.  Acknowledgment of the trails and experiences of us all and a plan to how, as a community, we can proceed into the future. How does the dual naming of something that we have built together, do anything but divide us?

What community consultation process does the council envision before proceeding with re-branding our unique cultural heritage, by dual naming?

Response:

In response to your questions, on Wednesday 30 May 2018, Aldermen and Staff from the City of Hobart were invited to a ‘Sharing Ceremony’ at the Tasmanian Aboriginal Corporation during Reconciliation Week where a plaque representing an Aboriginal name for Hobart, nipaluna was presented to me as Lord Mayor of Hobart.  Subsequently, at the Council meeting on 4 June I formally presented the plaque with the name nipaluna to the Council.

The Council has not formally considered this matter or adopted any policy on Aboriginal dual naming or indeed the use of the nipaluna name.

The General Manager tabled a number of petitions requesting the Tasman Highway pedestrian bridge be named Gellibrand Bridge.

There were 112 signatories in total on the petitions.

The General Manager tabled a petition requesting assets improvements to reduce future flooding risk in Lauramont Avenue from the Lipscombe Creek. 

There were 12 signatories on the petition.

The General Manager tabled an on-line petition requesting the immediate removal of the Dark Mofo inverted crosses.

The were 16,290 signatories on the petition.

Briscoe

Ruzicka                   

That:   1.    The petitions in respect to the naming of the Tasman Highway pedestrian bridge be considered in conjunction with item 24 on the agenda.

2.    Petitions relating to the Lipscombe Creek/Lauramont Avenue – flood damage and Dark Mofo inverted crosses be received and noted and referred to the appropriate committees.

MOTION CARRIED

VOTING RECORD

Attachments

a    Petition - Tasman Highway Pedestrian Bridge Name ⇨

b    Petition - Lipscombe Creek / Lauramont Avenue Flood Damage  ⇨

c    Petition - Dark Mofo Crosses ⇨  

9.         Budget Estimates 2018-19

Ref:    Open FGC 6.1, 13/06/2018

That:   A.    1.    The expenses, revenues, capital expenditure, and plant and equipment expenditure detailed in the document ‘City of Hobart, Budget Estimates, for the 2018-19 Financial Year’, marked as Attachment A to item 6.1 of the Open Finance and Governance Committee agenda of 13 June 2018, be approved.

2.    New borrowings of up to $20M be approved for infrastructure.

3.    The Council delegate to the General Manager the power to enter into loan agreements to source the above borrowings on the most favourable terms.

4.    The General Rate be 8.16 cents in the dollar of assessed annual value (AAV).

5.    The following Service Rates be made:

(i)      A Stormwater Removal Service Rate of 0.47 cents in the dollar of AAV; and

(ii)     A Fire Service Rate of 1.35 cents in the dollar of AAV.

6.    A Waste Management Service Charge be made and varied according to the use or predominant use of land as follows:

(i)      A Service charge of $250 to apply to residential properties;

(ii)     A Service charge of $500 to apply to non-residential properties;

7.    A Waste Management Service Charge of $50 be made for kerbside green waste collection for all rateable land within the municipal area to which Council supplies or makes available a green waste collection service utilising a green waste collection bin.

8.    A Landfill Rehabilitation Service Charge be made and varied according to the use or predominant use of land as follows:

(i)      A Service charge of $10 to apply to residential properties;

(ii)     A Service charge of $20 to apply to non-residential properties.

9.    The rates be subject to the following remissions:

(i)      A remission of 1.0 cents in the dollar on the AAV of any land or building which is within the Fern Tree Volunteer Brigade Rating District, as defined by the State Fire Commission.

(ii)     A remission of 1.05 cents in the dollar on the AAV of any land or building which is within areas other than Permanent Brigade Rating Districts or the Fern Tree Volunteer Brigade Rating District as defined by the State Fire Commission.

10.  Unspent 2017-18 capital funding be carried-forward into 2018-19, with any necessary adjustments to be made in the September 2018 quarter financial report to Council.

11.  The interest rate on unpaid rates be 8.81% per annum, charged monthly.

12.  The 2018-19 Annual Plan marked as Attachment B to item 6.1 of the Open Finance and Governance Committee agenda of 13 June 2018, be adopted .

13.  The Long Term Financial Management plan 2019-39 marked as Attachment C to item 6.1 of the Open Finance and Governance Committee agenda of 13 June 2018, be adopted.

14.  The following delegations be approved:

(i)      Pursuant to Section 22 of the Local Government Act 1993, the Council delegate to the General Manager the power to expend monies on Council’s behalf identified as Delegation Classification 1 items in the Council’s Annual Plan; and, the Council authorise the General Manager to delegate, pursuant Section 64 of the Local Government Act 1993, to such employees of the Council as he considers appropriate, the power to expend monies on Council’s behalf which are identified as Delegation Classification 1 items in the Council’s Annual Plan.

(ii)     Pursuant to Section 22 of the Local Government Act 1993, the Council delegate to all Council Committees the power to expend monies on Council’s behalf which are identified as Delegation Classification 2 items in the Council’s Annual Plan.

B.             The Council approve an increase of $80,000 in the Community Development Planning and Coordination budget allocation in the 2018-19 draft Annual Plan as detailed below:

·        Creative Hobart Medium Grants - $30,000

·        Small Community Grants - $10,000

·        Event Grants - $40,000.

and the budgeted surplus for 2018/19 be reduced to reflect the increase.

C.             The proposed draft budget for 2018/19 for The Taste of Tasmania (including Kids in the Park and New Year’s Eve) not be increased by $400,000 to $1.6 million.

Thomas

Burnet                                                 

That the recommendation be adopted and the Lord Mayor’s budget speech be taken as read and be provided to the Council and media.

Amendment

Cocker

Ruzicka                                                                                                                      

That the part C of the recommendation be deferred to item 17.

AMENDMENT CARRIED

VOTING RECORD

Amendment

Zucco

Denison                                                                                                                      

That a 1 per cent rate increase be approved.

AMENDMENT LOST

VOTING RECORD

SUBSTANTIVE MOTION CARRIED BY ABSOLUTE MAJORITY

VOTING RECORD

COUNCIL RESOLUTION:

That:   A.   1.    The expenses, revenues, capital expenditure, and plant and equipment expenditure detailed in the document ‘City of Hobart, Budget Estimates, for the 2018-19 Financial Year’, marked as Attachment A to item 6.1 of the Open Finance and Governance Committee agenda of 13 June 2018, be approved.

2.    New borrowings of up to $20M be approved for infrastructure.

3.    The Council delegate to the General Manager the power to enter into loan agreements to source the above borrowings on the most favourable terms.

4.    The General Rate be 8.16 cents in the dollar of assessed annual value (AAV).

5.    The following Service Rates be made:

(i)      A Stormwater Removal Service Rate of 0.47 cents in the dollar of AAV; and

(ii)     A Fire Service Rate of 1.35 cents in the dollar of AAV.

6.    A Waste Management Service Charge be made and varied according to the use or predominant use of land as follows:

(i)      A Service charge of $250 to apply to residential properties;

(ii)     A Service charge of $500 to apply to non-residential properties;

7.    A Waste Management Service Charge of $50 be made for kerbside green waste collection for all rateable land within the municipal area to which Council supplies or makes available a green waste collection service utilising a green waste collection bin.

8.    A Landfill Rehabilitation Service Charge be made and varied according to the use or predominant use of land as follows:

(i)      A Service charge of $10 to apply to residential properties;

(ii)     A Service charge of $20 to apply to non-residential properties.

9.    The rates be subject to the following remissions:

(i)      A remission of 1.0 cents in the dollar on the AAV of any land or building which is within the Fern Tree Volunteer Brigade Rating District, as defined by the State Fire Commission.

(ii)     A remission of 1.05 cents in the dollar on the AAV of any land or building which is within areas other than Permanent Brigade Rating Districts or the Fern Tree Volunteer Brigade Rating District as defined by the State Fire Commission.

10.  Unspent 2017-18 capital funding be carried-forward into 2018-19, with any necessary adjustments to be made in the September 2018 quarter financial report to Council.

11.  The interest rate on unpaid rates be 8.81% per annum, charged monthly.

12.  The 2018-19 Annual Plan marked as Attachment B to item 6.1 of the Open Finance and Governance Committee agenda of 13 June 2018, be adopted .

13.  The Long Term Financial Management plan 2019-39 marked as Attachment C to item 6.1 of the Open Finance and Governance Committee agenda of 13 June 2018, be adopted.

14.  The following delegations be approved:

(i)      Pursuant to Section 22 of the Local Government Act 1993, the Council delegate to the General Manager the power to expend monies on Council’s behalf identified as Delegation Classification 1 items in the Council’s Annual Plan; and, the Council authorise the General Manager to delegate, pursuant Section 64 of the Local Government Act 1993, to such employees of the Council as he considers appropriate, the power to expend monies on Council’s behalf which are identified as Delegation Classification 1 items in the Council’s Annual Plan.

(ii)     Pursuant to Section 22 of the Local Government Act 1993, the Council delegate to all Council Committees the power to expend monies on Council’s behalf which are identified as Delegation Classification 2 items in the Council’s Annual Plan.

B.             The Council approve an increase of $80,000 in the Community Development Planning and Coordination budget allocation in the 2018-19 draft Annual Plan as detailed below:

·        Creative Hobart Medium Grants - $30,000

·        Small Community Grants - $10,000

·        Event Grants - $40,000. 

and the budgeted surplus for 2018/19 be reduced to reflect the increase.

C.             The Lord Mayor’s budget speech be taken as read and be provided to the Council and media.

10.1    98 Salamanca Place, Battery Point - Partial Demolition, Alterations, Extension and Front Fencing

Ref:    Open CPC 7.1.1, 12/06/2018

Application Expiry Date: 19 June 2018

Extension of Time: Not applicable

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for partial demolition, alterations, extension and front fencing at 98 Salamanca Place, Battery Point for the reasons outlined in the officer’s report, attached to item 7.1.1 of the Open City Planning Committee agenda of 12 June 2018 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 PLN­17­569 ­ 98 SALAMANCA PLACE BATTERY POINT TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s1

The building is only approved for use as a single dwelling.

Reason for condition

To clarify the scope of the permit.

ENG 1

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

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

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre­existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

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

ENV 1

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

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

Reason for condition

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

HER 17

The palette of exterior colours and materials must reflect the palette of materials within the local streetscape and precinct and should therefore exclude the proposed use of monument colorbond.

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 plans.

Reason for condition

To ensure that development adjacent to a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

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.

COUNCIL RESERVES

This permit does not authorise any works on or access over the adjoining Council land Princes Park. Any act that causes, or is likely to cause damage to Council’s land may be in breach of the Council’s Parks, Recreation and Natural Areas Bylaw and penalties may apply. The by law is available here.

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.

Briscoe

DENISON                                                That the recommendation be adopted.

Amendment

Burnet

Ruzicka                                                                                                                      

That the existing shared wall with 100 Salamanca Place be retained to clarify the intent of the application. 

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for partial demolition, alterations, extension and front fencing at 98 Salamanca Place, Battery Point for the reasons outlined in the officer’s report, attached to item 7.1.1 of the Open City Planning Committee agenda of 12 June 2018 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 PLN­17­569 ­ 98 SALAMANCA PLACE BATTERY POINT TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s1

The building is only approved for use as a single dwelling.

Reason for condition

To clarify the scope of the permit.

PLN s2

The existing wall shared with 100A Salamanca Place must be retained.

Reason for condition

To clarify the scope of the permit

ENG 1

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

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

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre­existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

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

ENV 1

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

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

Reason for condition

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

HER 17

The palette of exterior colours and materials must reflect the palette of materials within the local streetscape and precinct and should therefore exclude the proposed use of monument colorbond.

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 plans.

Reason for condition

To ensure that development adjacent to a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

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.

COUNCIL RESERVES

This permit does not authorise any works on or access over the adjoining Council land Princes Park. Any act that causes, or is likely to cause damage to Council’s land may be in breach of the Council’s Parks, Recreation and Natural Areas Bylaw and penalties may apply. The by law is available here.

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.

10.2    57 Elizabeth Street, Hobart - Area Over Hobart Rivulet - Subdivision (Boundary Adjustment)

Ref:    Open CPC 7.2.1, 12/06/2018

Application Expiry Date: 8 July 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a subdivision (boundary adjustment) at 57 Elizabeth Street Hobart for the reasons outlined in the officer’s report, attached to item 7.2.1 of the Open City Planning Committee agenda of 12 June 2018 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 PLN­18­182 ­ 57 ELIZABETH STREET AND AREA OVER HOBART RIVULET 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.

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.

SURV 1

The applicant must submit to the Council a copy of the surveyor’s survey notes at the time of lodging the final plan.

Reason for condition

To enable the Council to accurately update cadastral layers on the corporate Geographic Information System.

SURV 2

The final plan and schedule of easements must be submitted and approved in accordance with section 89 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

Reason for condition

To ensure that the subdivision/boundary adjustment is carried out in accordance with the Councils requirements under the provisions of Part 3 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

SURV 3

The final plan and schedule of easements must provide easements to the satisfaction of the Council:

1.       Over any sewer mains passing through the lots on the final plan (if applicable), in favour of the TasWater (minimum width of 2m).

2.       Over any existing or proposed private drainage and/or service easements in favour of the lots they are required to serve.

Advice: The schedule of easements must not include an easement of support in favour of lot 3 over lot 2 beneath or the land adjacent. Only a temporary support licence in favour of 57 Elizabeth Street over the Council's rivulet land below would be considered by the Council. Any future redevelopment of lot 3 must be cantilevered over lot 2 below.

Reason for condition

To ensure that there are no impediments to the provision of public and private services to the lots.

SURV 9

Any lots on the final plan created from the addition of sub minimal lots on the plan of subdivision are to be notated on the final plan.

The final plan must include notations in accordance with section 111 of the Local Government (Building & Miscellaneous Provisions) Act 1993, in relation to the final combined lot (i.e. lot 3 combined with lot 1 (CT 136589/1)) to satisfy the above requirement.

Reason for condition

To ensure compliance with statutory provisions.

SURV 10

Lot 2 on the final plan is approved as a subminimum lot and is to be notated on the final plan under the provisions of section 115 (1)(b) of the Local Government (Building & Miscellaneous Provisions) Act 1993 to the effect that it is unlikely the lot would be purchased as the site for a dwelling.

Reason for condition

To ensure compliance with Part 3 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

Part 5 1

Prior to the sealing of the final plan, the owner(s) of the final combined lot (i.e. lot 3 combined with lot 1 (CT 136589/1)) must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 with respect to the existing development over and adjacent to the current and historic route of the Hobart Rivulet. The owner must agree to:

1.       Indemnify the Council against any costs or claims arising from building over and within one metre of the Hobart Rivulet and its historic route, or for damages incurred in the act of performing operation, maintenance, or replacement tasks on the Hobart Rivulet; and

2.       Not perform any future structural works within one metre of either the historic or current walls of the Rivulet, including but not limited to replacement of footings, without written permission from the Council.

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.

Advice: For further information with respect to the preparation of a Part 5 agreement please contact the Council's Development Engineering staff.

Reason for condition

To ensure that the risks associated with the works over the historic Hobart Rivulet and within one metre of the current wall of the Rivulet are mitigated.

SUB s1

Lot 1 (CT 136589/1) and lot 3 on the plan of subdivision must be shown as a single lot on the final plan of survey.

Reason for condition

To ensure that lot 3 on the plan of subdivision and the land comprised in CT 136589/1 are combined into a single title.

SUB s2

The location of the vertical boundary between lot 3 and lot 2 beneath is to be at Reduced Level 8.04 m on State Datum. Any variation to this boundary location is to be approved by the Council.

Reason for condition

To ensure that Council retains ownership of the original course of the Hobart Rivulet below ground level and to facilitate any future increase in the rivulet capacity.

SUB s3

Prior to the sealing of the final plan, private sewer, stormwater and water services/connections are to be entirely separate to the final combined lot (i.e. lot 3 combined with lot 1 (CT 136589/1)) and contained entirely within the lot served (or appropriate easements).

The developer must verify compliance of the separation of services by supplying the Council with an as­installed services plan prior to the sealing of the final plan. The plan must:

1.       Clearly indicate the location and details of all relevant services and easements.

2.       Be accompanied by certification from a suitably qualified person that all engineering work required by this permit have been completed.

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

Any final plan submitted for sealing will not be processed unless it is accompanied by documentation by a qualified person that clearly certifies that this condition has been satisfied and that all the work required by this condition has been completed. A “qualified person” must be a professional engineer or professional surveyor or other persons acceptable to the Council.

Reason for condition

To ensure that each lot is serviced separately.

SUB s4

Prior to sealing of the final plan, the owner of the final combined lot on the plan (i.e. lot 3 combined with lot 1 (CT 136589/1)) must covenant with the Hobart City Council to the intent that the burden of this covenant may run with and bind the covenantor's lots and any part thereof, to observe the following stipulations:

1.       Not without the written consent of the Hobart City Council to use or develop the lot in any way which may impact the flow or operation of the Hobart Rivulet, nor result in any load on the Rivulet or impede access to the Hobart Rivulet; and

2.       To provide Hobart City Council with access over the lot to inspect, repair, clean and where desired improve the Hobart Rivulet and any of the Council's infrastructure within the Hobart Rivulet.

Advice: This is to be implemented by means of a covenant in the schedule of easements for the subdivision.

Reason for condition

To ensure that the Hobart Rivulet is protected.

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.