Minutes (Open Portion)

City Planning Committee Meeting

Page 2

12/6/2018

Minutes (Open Portion)

City Planning Committee Meeting

Page 4

12/06/2018

RUZICKA

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 14 May 2018, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

Minutes (Open Portion)

City Planning Committee Meeting

Page 7

12/06/2018

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

BURNET

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 1 June 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE 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.

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.

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

RUZICKA

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 5 June 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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.

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.

8.1      Options For Enhancing the Public Notification of Major Planning Applications

RUZICKA

That the recommendation contained in the report of the Manager Development Appraisal and  Director City Planning of 12 June 2018, be adopted, as amended by the following:

1.      The word ‘major’ be substituted with the word ‘significant’ after the word all in Clause 1.

2.      An additional sub-clause to read as follows:

“(a)    The policy be trialled for a period of 12 months.  Once the trial period has concluded, a further report be provided evaluating the success of the implementation of the policy.”

3.      The words and print media be inserted after the word signage in Clause 4.

4.      An additional Clause to read as follows:

“5.    That the framework for determining ‘significant’ planning applications be as follows:         

(i)        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;

(ii)       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;

(iii)      Any other development proposing the exercising of significant discretion under the prevailing planning scheme, and that the General Manager or a Director of the City of Hobart considers to be significant due to its scale, nature, value and/or location.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   1.    The City of Hobart introduce a policy that all ‘significant’ 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.

(a)     The policy be trialled for a period of 12 months.  Once the trial period has concluded, a further report be provided evaluating the success of the implementation of the policy.

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 and print media for all planning applications.

5.    That the framework for determining ‘significant’ planning applications be as follows:

(i)        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;

(ii)       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;

(iii)      Any other development proposing the exercising of significant discretion under the prevailing planning scheme, and that the General Manager or a Director of the City of Hobart considers to be significant due to its scale, nature, value and/or location.

8.2      Monthly Building Statistics - 1 May 2018 - 31 May 2018

RUZICKA

That the recommendation contained in the memorandum of the Director City Planning of 7 June 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information be received and noted:

A.        1.    During the period 1 May 2018 to 31 May 2018, 62 permits were issued to the value of $17,320,155 which included:

(i)      30 for Extensions/Alterations to Dwellings to the value of $2,428,155;

(ii)     15 New Dwellings to the value of $4,760,963; and

(iii)    2 Major Projects:

(a)     410 Sandy Bay Road, Sandy Bay (Wrest Point Casino), Commercial Internal Alterations - $4,200,000

(b)     34 Davey Street, Hobart aka 10-12 Murray Street (Parliament Square), Retention Excavation Foundations (Underpinning) - $3,500,000

         2.       During the period 1 May 2017 to 31 May 2017, 69 permits were issued to the value of $20,361,909 which included:

(i)      30 Extensions/Alterations to Dwellings to the value of $4,978,475

(ii)     22 New Dwellings to the value of $6,661,434; and

(iii)    5 Major Projects:

(a)     2 Melville Street, Hobart (New Clinic), Alterations and Additions (Icon Cancer Centre) - $2,900,000

(b)     2 Archer Street, New Town, Alterations (DHHS Oral Health Facilities) - $1,840,000

(c)     44 Waimea Avenue, Sandy Bay, New Garage, Pool, Gym and Retaining Wall - $1,500,000

(d)     188 Collins Street,  Hobart, Alterations, Stage 2 - $1,215,000

(e)     47 Fisher Avenue, Sandy Bay, New Dwellings x 3 - $1,200,000

B.        1.    In the twelve months ending May 2018, 695 permits were issued to the value of $491,182,301; and

            2.    In the twelve months ending May 2017, 679 permits were issued to the value of $195,180,037.

8.3      City Planning - Planning Applications Advertising List

RUZICKA

That the recommendation contained in the memorandum of the Director City Planning of 6 June 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled ‘City Planning – Planning Applications Advertising List’ of 6 June 2018 be received and noted.

8.4      Delegated Permits Report - 5 May 2018 - 31 May 2018

COCKER

That the recommendation contained in the memorandum of the Director City Planning of 5 June 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled ‘Delegated Permits Report – 5 May 2018 – 31 May 2018’ of 5 June 2018 be received and noted.

9.1      Inclusion Zoning

REYNOLDS

That in accordance with Council’s policy, the following Notice of Motion which was adopted by the City Planning Committee , be considered by the Council.

MOTION LOST

VOTING RECORD

COMMITTEE RESOLUTION:

That the following Motion, which was lost at the City Planning Committee meeting of 12 June 2018, be referred to the Council for determination:

Motion:

“That the Council requests a report on:

-     Whether ‘inclusionary zoning’ provisions (requiring that a percentage of affordable housing be included in multi-unit developments) could assist to increase the supply of affordable housing in Hobart;

-     The use of ‘inclusionary zoning’ in other Australian states and outline whether there are current limits to the Council’s ability to use these kind of provisions;

-     Outline the most appropriate way for Council to advocate for the use of ‘inclusionary zoning’ in the Tasmanian Planning System.”

Rationale:

“The planning system is central to the supply of housing and affordable housing and across Australia planning policy mechanisms are being used to address the shortfalls in the supply of affordable housing.

Inclusionary Zoning is one of the statutory planning mechanisms being used in other parts of Australia. It involves requiring development proponents to incorporate certain facilities or features on their site, or pay a cash-in-lieu contribution for this obligation to be discharged off-site.

Traditionally, inclusionary provisions were applied to car parking requirements and open space contributions. More recently, requirements to incorporate a certain proportion of affordable housing in a development project, or make a cash contribution for an equivalent quantum and standard of affordable housing to be provided elsewhere in the neighbourhood in question, have been implemented in some places in Australia.

Tasmania needs to modernise its planning system to help deliver much needed affordable housing. Reform of the planning system to include the use of ‘inclusionary zoning’ could allow local government to require that developments over a certain threshold include providing for housing diversity, social mix and housing affordability.

Expert advice is needed for Council to decide if this is a planning policy approach that it supports and the most appropriate path for this approach to be delivered in Hobart.”

The General Manager reports:

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to the administration of planning schemes.”

10.1    Committee Actions - Status Report

BURNET

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

That the information be received and noted.

MOTION CARRIED

VOTING RECORD