Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 5

12/6/2018

City Planning Committee Meeting (Open Portion) held Tuesday, 12 June 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: Nil.

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, 14 May 2018, are submitted for confirming as an accurate record.

3. Consideration of Supplementary Items

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

Recommendation

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

4. Indications of Pecuniary and Conflicts of Interest

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

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

5. Transfer of Agenda Items

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

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

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

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

6. Planning Authority Items - Consideration of Items With Deputations

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

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

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

RECOMMENDATION

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

Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 8

12/6/2018

7.1 Applications under the Sullivans Cove Planning Scheme 1997

7.1.1 98 Salamanca Place, Battery Point - Partial Demolition, Alterations, Extension and Front Fencing

PLN-17-569 - FILE REF: F18/65306

Address: 98 Salamanca Place, Battery Point

Proposal: Partial Demolition, Alterations, Extension and Front Fencing

Expiry Date: 19 June 2018

Extension of Time: Not applicable

Author: Tristan Widdowson

REcommendation

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 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.

Attachment a: PLN-17-569 - 98 SALAMANCA PLACE BATTERY POINT TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-17-569 - 98 SALAMANCA PLACE BATTERY POINT TAS 7004 - CPC Agenda Documents ⇩

Attachment c: PLN-17-569 - 98 SALAMANCA PLACE BATTERY POINT TAS 7004 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 59

12/6/2018

7.2 Applications under the Hobart Interim Planning Scheme 2015

7.2.1 57 Elizabeth Street, Hobart - Area Over Hobart Rivulet - Subdivision (Boundary Adjustment)

PLN-18-182 - FILE REF: F18/65291

Address: 57 Elizabeth Street, Hobart – Area Over Hobart Rivulet

Proposal: Subdivision (Boundary Adjustment)

Expiry Date: 8 July 2018

Extension of Time: Not applicable

Author: Richard Bacon

REcommendation

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 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

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.

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

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

CONDITION ENDORSEMENT

If a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services eplanning

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

SUBDIVISION ADVICE

For information regarding standards and guidelines for subdivision works click here. All conditions imposed by this permit are in accordance with the Local Government Building & Miscellaneous Provisions) Act 1993 and the Conveyancing and Law of Property Act 1884.

Attachment a: PLN-18-182 - 57 ELIZABETH STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-18-182 - 57 ELIZABETH STREET HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-18-182 - 57 ELIZABETH STREET HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 101

12/6/2018

REPORT TITLE: Options For Enhancing the Public Notification of Major Planning Applications

REPORT PROVIDED BY: Manager Development Appraisal

Director City Planning

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to present information to the Council regarding how the City of Hobart currently publicly notifies planning applications for major developments and to present possible options to enhance that process.

1.1.1. The encouragement of public involvement in the planning process is a central objective of the State’s Resource Management and Planning System.

1.1.2. Enhancement of the planning application public notification process has the opportunity to further that objective.

2. Report Summary

2.1. This report responds to an Aldermanic request to investigate options to enhance the current planning application public notification process for major developments.

2.2. Possible changes to the current public notification process for major developments that the Council may wish to consider are discussed below.

3. Recommendation

That:

1. The City of Hobart introduce a policy that all ‘major’ planning applications be further publicised during their public notification period via the City’s ‘Your Say Hobart’ webpage, where a summary of the proposal and information relating to the planning process be accessible for the duration of the application’s public notification period.

2. The policy be publicised via the City’s website, City News and other appropriate means.

3. Larger site signage not be included in the policy.

4. A further report be provided to the Council on the possibility of enhancing the information contained within the currently-used A3 laminated paper site signage for all planning applications.

4. Background

4.1. This report responds to an Aldermanic request to investigate options to enhance the current public notification process for major planning applications submitted to the City of Hobart.

4.2. The current City of Hobart planning application public notification process is applied in the same manner to all applications irrespective of their scale, nature, value or location, and is derived directly from Section 9 of the Land Use Planning and Approvals Regulations 2014. It involves the following:

4.2.1. A notice placed in The Mercury newspaper providing information regarding the application and the public notification process;

4.2.2. An A3-sized public notice providing information regarding the application, the public notification process and a QR Code providing access to the City’s ‘currently advertising’ webpage on the City’s website being displayed on each public boundary of the subject site for the duration of the public notification period;

4.2.3. Letters providing information regarding the application and the public notification process sent to the owners and occupiers of all adjoining properties (ie. all properties sharing a boundary with the subject site);

4.2.4. The application documentation and a notice providing information regarding the application and the public notification process being displayed at the Council Centre for the duration of the public notification period.

4.2.5. The planning application public notification period is ordinarily 14 days in length, but is extended when that period incorporates public holidays.

4.3. While not specifically required by the Land Use Planning and Approvals Act 1993 or the Land Use Planning and Approvals Regulations 2014, all documentation that forms each advertised planning application is also uploaded on the City’s website for the duration of each application’s public notification period.

4.4. City of Fremantle and City of Vancouver

4.4.1. As points of comparison, City officers were made aware of:

4.4.1.1. The City of Fremantle’s approach to the public notification of major planning applications online; and

4.4.1.2. The City of Vancouver’s approach to signage erected on subject sites during the public notification of planning applications.

4.5. City of Fremantle

4.5.1. The City of Fremantle differentiates major, or what it terms ‘significant’ planning applications, from ‘standard’ applications.

4.5.2. A ‘significant’ planning application is one that meets any two of the following criteria:

a) Involves the complete demolition of a building where the building is located on a site listed on the Register of Heritage Places under the Heritage of Western Australia Act 1990, on the Heritage List under clause 7.1 of the Scheme or within a Heritage Area designated under clause 7.2 of the Scheme; OR

b) Involves a subdivision or survey strata creating more than twenty (20) lots and the proposal has not previously been advertised as part of a Scheme Amendment or Structure Plan; OR

c) Involves a significant exercise of discretion in terms of the Local Planning Scheme, Residential Design Codes or Policy provisions; OR

d) Has significant strategic planning impacts in terms of the implementation of a strategic planning objective, the scale of the development, or are significantly different from the predominant and expected pattern of land use within the locality.

4.5.3. According to the City of Fremantle Local Planning Policy 1.3, the public notification of ‘significant’ planning applications includes the following:

4.5.3.1. Public notification for 28 days;

4.5.3.2. A notice appearing in a local newspaper;

4.5.3.3. Signage being placed by the applicant on the subject site;

4.5.3.4. Letters being sent to owners and occupiers of properties within 100m of the boundary of the subject site;

4.5.3.5. Information specifically regarding the ‘significant’ planning application being placed on a webpage on the City of Fremantle website dedicated to the public notification of that application.

4.5.4. As can be seen by this comparison, there are a number of differences between the manner in which the City of Hobart and the City of Fremantle currently give public notice of planning applications.

4.5.5. Some of these differences are due to the legislative provisions that underpin each jurisdiction. By way of illustration, section 64 of the Western Australia Planning and Development (Local Planning Scheme) Regulations 2015, that deals with the advertising of applications, indicates that, in Western Australia, amongst other things:

4.5.5.1. A local government may waive a requirement for an application to be advertised if the local government is satisfied that the departure from the requirements of the relevant Planning Scheme is of a minor nature [s.(2)];

4.5.5.2. A local government has scope to vary the way each planning application must be publicly notified [s.(3)];

4.5.5.3. A local government must choose which property owners and occupiers in the vicinity of the subject site are likely to be affected by the proposal [s.(3)(a)].

4.5.6. It is also noted that while the City of Fremantle include additional means of notifying the public of ‘significant’ planning applications (ie. notify for 28 days as opposed to 14 days, via a dedicated webpage, neighbours letters within a 100m radius), ‘standard’ City of Fremantle applications appear to be given less public exposure than City of Hobart applications.

4.5.6.1. ‘Standard’ applications are not notified via a notice in the local newspaper and have no site notice.

4.5.6.2. Also, while some details of ‘standard’ applications appear to be included on the City of Fremantle’s Online Application Tracking facility (eg. application number, date submitted, basic description, site address and applicant name), the documentation comprising each application (ie. the plans and other documentation) does not appear to be accessible to the public online.

4.5.7. Currently, the City of Hobart publicly notifies all planning applications the same way. A primary benefit associated with this methodology is that all planning applications, irrespective of scale, nature, value and location, are exhibited consistently, which in turn is considered to help provide for the fair, orderly and sustainable use and development of air, land and water referred to in the Objectives of the Resource Management and Planning System of Tasmania.

4.5.8. While some aspects of the City of Fremantle’s public notification methodology are not recommended for further consideration, providing a dedicated webpage for each ‘major’ planning application could be investigated further. This is considered further below.

4.6. City of Vancouver

4.6.1. The signage erected on sites undergoing planning application public notification within the City of Vancouver (and nearby cities) are typically 1.2m x 2.4m in size, and are made of corflute on a timber frame.

Fig. 1 – Typical Vancouver area planning application public notification sign.

4.6.2. Applicants are responsible for erecting, maintaining and removing planning application signage and all associated costs.

4.6.3. While exact details of the statutory time limits that the City of Vancouver has to process planning applications are not readily apparent, the website of the nearby City of Richmond states as follows:

4.6.3.1. ‘Specific time limits for processing a Development Permit application are difficult to provide as the time required varies depending on the type, size and complexity of the requirements, the number of applications in progress, and the ability of the applicant to provide information when required. Simple applications may take only a few months, while more complex applications may take much longer to finalize.’

4.6.4. By comparison, all Councils within Tasmania have 42 days to receive, publicly notify, assess and determine discretionary planning applications (where no additional information is required).

4.6.5. To require major planning applications to have larger corflute public notification site signs would require the signage to be manufactured after the submission of the application, and during the application’s 42 day statutory period.

4.6.6. Local Hobart signage manufacturers have indicated that a 900mm x 600mm, full colour, corflute sign for outdoor use containing, say, two images and text on one side only would cost between $60-85. More importantly though, estimations of how long such a sign would take to produce and supply vary from 1-2 days to ‘normally around a week’.

4.6.7. This type of signage would need to be ordered and supplied prior to the commencement of the major application’s public notification period so that it could be installed on site at the commencement of that period.

4.6.8. It is therefore likely that commencement of public notification periods would be delayed, noting that it would be risky to ‘book’ a planning notice with The Mercury until the sign had been supplied, and also noting that that there is currently a two day lag between ‘booking’ a planning notice with The Mercury and the advertisement appearing (eg. a planning notice ‘booked’ with The Mercury by 10:30am on a Wednesday will appear two days later in the Friday edition). Such delays are likely to place further pressure on the City’s ability to process major applications within the 42 day limit set by the Act.

4.6.9. While the City has the ability to request extensions of time for planning applications, applicants are under no obligation to grant them. Where an applicant chooses to refuse to grant an extension of time, an application for a major application in this scenario may be delegated to the Director City Planning for determination despite ordinarily requiring determination by the City Planning Committee and the Council.

4.6.10. It is therefore recommended that the Council not introduce a policy that all ‘major’ planning applications be further publicised during their public notification period by the use of larger site signage.

4.6.11. Consideration could, however, be given to enhancing the information included upon the currently-used A3 laminated paper site signs for all planning applications, and could be the subject of a further report to the Council.

5. Proposal and Implementation

5.1. Dedicated ‘Your Say Hobart’ page for Each ‘Major’ Planning Application

5.1.1. By first delineating between ‘major’ planning applications and others, and then potentially creating a ‘Your Say Hobart’ page dedicated to each ‘major’ application during its public notification period, the City of Hobart would be moving away from the current practice of publicly notifying all planning applications the same way.

5.1.2. From a legal perspective, the City’s Manager Development Compliance has advised that there would appear to be no legal obstruction to the Council choosing to publicly advertise major planning applications in a different manner to other planning applications.

5.1.3. Noting that advice, if the Council were of a mind to differentiate ‘major’ applications from others, a framework would be needed. The framework adopted by the City’s Urban Design Advisory Panel (UDAP) already distinguishes larger planning applications from others.

5.1.4. Adopting similar criteria to the UDAP framework, ‘major’ applications could potentially be as follows:

5.1.4.1. Proposals requiring planning consent that exceed 2000m² in floor area and/or 3 storeys in height which are located within the area covered by the Sullivans Cove Planning Scheme 1997 and within the Central Business, General Business, Commercial and Urban Mixed Use Zones of the Hobart Interim Planning Scheme 2015;

5.1.4.2. Any City of Hobart capital works project with a value of $1 million or greater, which is intended for public use, or to which the public have regular access;

5.1.4.3. Any other development that the General Manager or a Director of the City of Hobart considers to be major, due to its scale, nature, value and/or location.

5.1.5. It is envisaged that a ‘Your Say Hobart’ page dedicated to each ‘major’ application could potentially include the following detail:

5.1.5.1. Basic information about the application (eg. application number, basic description, site address);

5.1.5.2. A written summary of the application;

5.1.5.3. An image or drawing illustrating the proposal;

5.1.5.4. A map showing the location of the site;

5.1.5.5. A hyperlink to the ‘currently advertising’ webpage providing access to the documents that comprise the application;

5.1.5.6. Details of where the application can be viewed at the City’s offices, how people can make a representation, when the public notification period closes, City Planning contact details, and details regarding the assessment and determination of the application.

5.1.6. Responsibility for providing the content for ‘major’ planning application ‘Your Say Hobart’ pages would fall to the Development Appraisal Unit. Uploading of the page to the City’s website would rely upon expertise within the City’s City Planning Administration team, and the City’s Advisor – Community Engagement and Digital Content Coordinator.

5.1.7. The ‘Your Say Hobart’ pages would be accessible on the City’s website for the duration of the ‘major’ planning application’s 14 day public notification period.

5.2. New Link between ‘Your Say Hobart’ Webpage and ‘Currently Advertising’ Webpage:

5.2.1. The administrator of the City’s ‘Your Say Hobart’ webpage, the Advisor – Community Engagement, and Digital Content Coordinator have advised that creating a new ‘tile’ to provide a direct link between the ‘Your Say Hobart’ webpage and the existing ‘Currently Advertising’ Webpage is possible.

5.2.2. The ‘Your Say Hobart’ webpage currently focusses on providing information and opportunities for feedback on the City’s projects and activities.

5.2.3. While the creation of a link from that webpage to the ‘currently advertising’ webpage would introduce a non-City of Hobart element to ‘Your Say Hobart’, such a link would increase the public’s access to all planning applications on public notification at any point in time. Creation of that link is therefore considered to be a ‘good fit’ with the community engagement and participation functionality of ‘Your Say Hobart’.

6. Strategic Planning and Policy Considerations

6.1. The Capital City Strategic Plan 2015-2025 supports the introduction of dedicated webpages for ‘major’ planning applications and the introduction of a new link between the ‘Your Say Hobart’ webpage and ‘currently advertising’ webpage with Strategic Objective 5.4:

5.4.1 Implement best practice community engagement (IAP2) across the organisation;

5.4.3 Further enhance engagement activities with the community;

5.4.4 Engage with the community through a variety of communications methods and marketing promotions.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. If adopted as a Council policy, it is envisaged that the creation of content and uploading of webpages would be carried out by existing City officer positions. Although difficult to predict with certainty, there are likely to be approximately 10-20 planning applications per annum that meet the ‘major’ application criteria outlined in section 5.1.4 above. The City’s Senior Statutory Planner, Development Appraisal Planners, Executive Officer – City Planning and Senior Administrative Officer – City Planning envisage that the writing of content for 10-20 applications could be accommodated without the need for additional human resources.

7.1.2. In terms of uploading webpages to the City’s website, the City’s Advisor – Community Engagement is conscious of the impact the additional workload may have upon their unit, but envisages that that workload could be accommodated without the need for additional human resources provided that each webpage includes a link to the ‘currently advertising’ webpage, rather than PDFs of each application’s documentation.

7.1.3. The creation of a new link between the ‘Your Say Hobart’ webpage and the ‘Currently Advertising’ webpage is not envisaged to have any significant financial implications.

7.2. Impact on Future Years’ Financial Result

7.2.1. Unless the City experienced a significant upswing in the number of ‘major’ applications received each year, where additional human resources may be required to create ‘major’ planning application webpages, the financial impact upon future years financial results is unlikely to differ from year to year.

7.3. Asset Related Implications

7.3.1. No asset related implications are envisaged at this stage.

8. Legal, Risk and Legislative Considerations

8.1. Section 57(3) of the Land Use Planning and Approvals Act 1993 requires that planning applications which a planning authority has discretion to refuse or permit be publicly advertised as prescribed by Section 9 of the Land Use Planning and Approvals Regulations 2014. Those regulations require notice to be given as follows:

(a) advertised in a daily newspaper circulating generally in the area relevant to the application; and

(b) displayed at the planning authority's office; and

(c) given to the owners and occupiers of all properties adjoining the land that is the subject of the application; and

(d) displayed on the land that is the subject of the application –

(i) in a size not less than A4; and

(ii) as near as possible to each public boundary.

8.2. The City’s Manager Development Compliance has advised that there would appear to be no legal obstruction to the Council choosing to publicly advertise larger planning applications in a different manner to other planning applications.

8.3. While there is not considered to be any legal impediment to differentiating how some planning applications are publicly notified compared to others, the Council may be exposed to claims of differential treatment or bias by applicants for ‘larger’ applications and other members of the community.

8.4. While the Council should always seek opportunities to enhance the quality and efficiency of its services, a move to publicly notify ‘major’ planning applications differently to others represents a change to the current protocol of notifying all planning applications the same way. If supporting the creation of a policy to create ‘major’ planning application webpages, Council should be aware of and comfortable with making that change.

9. Social and Customer Considerations

9.1. Any changes made to current public notification practices that increase the accessibility of the City’s existing ‘currently advertising’ webpage would facilitate greater public involvement with the planning process and is likely to be supported by most members of the wider community.

9.2. However, it is possible that a decision to publicly notify ‘major’ planning applications differently to other planning applications may not be supported by prospective developers of larger developments, the construction industry and other members of the community.

10. Marketing and Media

10.1. If changes are made to the City’s current public notification protocol, it is recommended that appropriate promotion of those changes be undertaken.

11. Community and Stakeholder Engagement

11.1. If any of the changes discussed within this report are made to the City’s current planning application public notification protocol, it is recommended that appropriate promotion of those changes be undertaken.

11.1.1. The platforms used for promotion of any changes made could include the City’s Website, the City of Hobart Facebook page, City News, and email engagement with the architecture and design community.

11.2. Internal consultation has occurred with the City’s Director City Planning, Manager Development Compliance, Senior Statutory Planner, Development Appraisal Planners, Digital Content Coordinator, Advisor – Community Engagement, Executive Officer – City Planning and the Senior Administrative Officer – City Planning.

12. Delegation

12.1. This matter is delegated to the Council.

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

Rohan Probert

Manager Development Appraisal

Neil Noye

Director City Planning

Date: 7 June 2018

File Reference: F18/61346

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