City
of hobart
AGENDA
City Planning Committee Meeting
Open Portion
Monday, 25 June 2018
at 5:00 pm
Lady Osborne Room, Town Hall
City
of hobart
AGENDA
City Planning Committee Meeting
Open Portion
Monday, 25 June 2018
at 5:00 pm
Lady Osborne Room, Town Hall
THE MISSION
Our mission is to ensure good governance of our capital City.
THE VALUES
The Council is:
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about people |
We value people – our community, our customers and colleagues. |
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professional |
We take pride in our work. |
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enterprising |
We look for ways to create value. |
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responsive |
We’re accessible and focused on service. |
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inclusive |
We respect diversity in people and ideas. |
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making a difference |
We recognise that everything we do shapes Hobart’s future. |
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Agenda (Open Portion) City Planning Committee Meeting |
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25/6/2018 |
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Business listed on the agenda is to be conducted in the order in which it is set out, unless the committee by simple majority determines otherwise.
APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6. Planning Authority Items - Consideration of Items With Deputations
7. Committee Acting as Planning Authority
7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.4 PAM-18-80 - 3 Lasswade Avenue Sandy Bay - S.56 Minor Amendment to Planning Permit
8.1 Trafalgar Place and Collins Court - Extension to Smoke-Free Area.
8.2 Delegated Decisions Report (Planning)
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Agenda (Open Portion) City Planning Committee Meeting |
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25/6/2018 |
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City Planning Committee Meeting (Open Portion) held Monday, 25 June 2018 at 5:00 pm in the Lady Osborne Room, Town Hall.
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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.
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The minutes of the Open Portion of the City Planning Committee meeting held on Tuesday, 12 June 2018, are submitted for confirming as an accurate record.
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Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
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That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.
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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.
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?
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.
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Agenda (Open Portion) City Planning Committee Meeting |
Page 6 |
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25/6/2018 |
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In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.
In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Committee is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.
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Agenda (Open Portion) City Planning Committee Meeting |
Page 7 |
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25/6/2018 |
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7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.1 98 Augusta Road, Lenah Valley - Change of Use to Food Services, Partial Demolition, Alterations and Signage
Address: 98 Augusta Road, Lenah Valley
Proposal: Change of Use to Food Services, Partial Demolition, Alterations and Signage
Expiry Date: 10 July 2018
Extension of Time: Not applicable
Author: Helen Ayers
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REcommendation That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a change of use to food services, partial demolition, alterations and signage at 98 Augusta Road 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 PLN17480 98 AUGUSTA ROAD LENAH VALLEY TAS 7008 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
TW
The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2017/01029HCC dated 07/07/2017 as attached to the permit.
Reason for condition
To clarify the scope of the permit.
PLN 10
The illuminated sign on each facade of the awning must not be flashing or intermittently illuminated. The signs must only be illuminated during the approved opening hours for the business, and must be turned off at all other times.
Reason for condition
To clarity the scope of the permit.
PLN 14
The noise generated by the use of the site must not cause environmental harm when measured at the site's southern and eastern boundaries.
Reason for the condition
To ensure noise emissions do not cause environmental harm and do not have an unreasonable impact on residential amenity.
PLN 17
All external lighting on the site must operate in accordance with Australian Standard AS4282 Control of the obtrusive effects of outdoor lighting.
External lighting (other than security lighting) must only be illuminated during the approved hours of operation (7:00am to 9:30pm Monday to Sunday). External lighting must be turned off at all other times.
Reason for condition
To ensure that the nonresidential use does not unreasonably impact residential amenity.
PLN 6
The approved hours of operation are Monday Sunday: 7:00am to 9:30pm.
Advice: The planning scheme defines 'hours of operation' as 'the hours that a business is open to the public or conducting activities related to the business, not including routine activities normally associated with opening and closing for business'.
Reason for condition
To ensure that nonresidential use does not unreasonably impact on residential amenity.
PLN s2
Commercial deliveries to, and garbage collection from, the premises are prohibited before 7:00am and after 6:00pm Monday to Friday, and before 9:00am and after 6:00pm on weekends and public holidays.
Advice: For the purpose of this condition, commercial vehicles do not include private cars used for the delivery of foods such as pizza that are cooked and sold from the premises.
Reason for condition
To avoid unreasonable impact upon the residential amenity through commercial vehicle movements that are unreasonable in their timing, duration or extent, consistent with Clause 11.3.1 P1 and P4 of the Hobart Interim Planning Scheme 2015.
PLN s3
The removal of hard waste (e.g glass and cans, etc) to garbage receptacles located outside the building is prohibited before 7:00am and after 8:00pm Monday to Friday and before 9:00am and after 8:00pm on weekends and public holidays.
Reason for condition
To avoid unreasonable impact upon surrounding residential amenity through noise emissions that are unreasonable in their timing, duration or extent, consistent with Clause 11.3.1 P1 of the Hobart Interim Planning Scheme 2015.
ENG sw6
All stormwater from the proposed development (including hardstand runoff) must be discharged to the Council’s infrastructure with sufficient receiving capacity prior to commencement of use. All costs associated with works required by this condition are to be met by the owner.
Design drawings and calculations of the proposed stormwater drainage and connections to Council infrastructure must be submitted and approved by Council prior to obtaining any plumbing Certificate of Likely Compliance under the Building Act 2016.
The design drawings and calculations must:
1. Be prepared by a suitably qualified person; 2. Include long section(s)/levels and grades to the point of discharge; and 3. Identify Council and private stormwater infrastructure.
All work required by this condition must be undertaken in accordance with the approved design drawings and calculations.
Advice: Once the design drawings and calculations have been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
ENG 3c
The on site parking module (parking spaces, aisles and manoeuvring area) and bicycle parking facility shown on the site plan for the proposed works does not comply with the Australian Standard AS/NZS2890.1:2004 and is not approved. The on site parking module (parking spaces, aisles and manoeuvring area), bicycle parking facility and stormwater drainage must be constructed in accordance with the design drawings approved in accordance with conditions ENG 14 and ENG sw6.
Prior to the commencement of use, documentation by a suitably qualified engineer certifying that the parking module, bicycle parking facility and stormwater drainage has been constructed in accordance with the above drawings must be lodged with the Council.
Advice: Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement)
Reason for condition
To ensure the safety of users of the parking module, bicycle parking facility, compliance with the relevant Australian Standard and the site is properly drained.
ENG 5
The number of car parking spaces to be provided on the site is five (5).
Prior to commencement of use parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004.
Reason for condition
To ensure safe and efficient parking adequate to provided for the use.
ENG 7
The number of bicycle parking spaces to be provided on the site is six (6).
Reason for condition
To ensure suitable bicycle parking facilities are provided.
ENG 14
Design drawings for the on site car parking module (parking spaces, aisles and manoeuvring area) and bicycle parking facility must be submitted and approved, prior to the commencement of work.
The design drawings must:
1. Be prepared by a suitably qualified person;
2. Show the car parking module (parking spaces, aisles and manoeuvring area) is generally in accordance with the Australian Standard AS/NZS 2890.12004;
3. Show vehicle swept path of a B85 vehicle in accordance with AS/NZS 2890.12004 such that vehicles can enter and exit all parking spaces such that no vehicle encroaches upon other parking spaces and is clear of all structures and fixed objects;
4. Show bicycle parking facility is generally in accordance with AS/NZS 2890.12004;
5. Where the design deviates from AS/NZS 2890.1:2004, include documentation certified by a suitably qualified engineer such that the design will provide a safe and efficient car parking module (parking spaces, aisles and manoeuvring areas), and bicycle parking facility to enable safe, easy and efficient use;
6. Show dimensions, levels, gradients and other details as Council deem necessary to satisfy the above requirements;
7. Show linemarking in accordance with AS/NZS 2890.1:2004;
8. Show pavement and surface treatment details; and
9. Show any other relevant engineering details.
Advice: Once the design drawings have been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure that the car parking module and bicycle parking facility for the development is to accepted standards.
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. Sediment controls must be maintained until all areas of disturbance have been stabilized or revegetated.
Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.
Reason for condition
To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.
ADVICE
The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
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
Building approval in accordance with the Building Act 2016. Click here for more information.
Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.
PLUMBING PERMIT
Plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.
NEW SERVICE CONNECTION
New service connection (please contact the Hobart City Council's City Infrastructure Division to initiate the application process).
STORM WATER
Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services By law. Click here for more information.
RIGHT OF WAY
The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.
You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.
WORK PLACE HEALTH AND SAFETY
Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentiallycontaminated soil, water, dust and vapours. Click here for more information.
PROTECTING THE ENVIRONMENT
In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click here for more information.
NOISE REGULATIONS
Click here for information with respect to noise nuisances in residential areas.
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.
USE
This permit grants approval for use of the site as food services only. Any other use requiring approval must be the subject of a separate planning application. Please note that a bar is a prohibited use in the Inner Residential Zone.
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Attachment a: PLN-17-480
- 98 AUGUSTA ROAD LENAH VALLEY TAS 7008 - Planning Committee or Delegated
Report ⇩ 
Attachment
b: PLN-17-480
98 AUGUSTA ROAD LENAH VALLEY TAS 7008 - CPC Agenda Documents ⇩ 
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Item No. 7.1.1 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 17 ATTACHMENT a |
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Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 58 ATTACHMENT b |
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Item No. 7.1.1 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 70 ATTACHMENT b |
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Item No. 7.1.1 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 73 ATTACHMENT b |
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Item No. 7.1.1 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 88 ATTACHMENT b |
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Item No. 7.1.1 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 89 ATTACHMENT b |
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Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 92 |
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25/6/2018 |
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7.1.2 94 Barrack Street, Hobart Adjacent Road Reserve - Partial Demolition and Alterations to Access Including Tree Removal
Address: 94 Barrack Street, Hobart Adjacent Road Reserve
Proposal: Partial Demolition and Alterations to Access including Tree Removal
Expiry Date: 9 July 2018
Extension of Time: Not applicable
Author: Richard Bacon
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REcommendation That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a partial demolition and alterations to access including tree removal at 94 Barrack Street and adjacent road reserve, Hobart, TAS 7000 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 PLN1880 94 BARRACK STREET AND ADJACENT ROAD RESERVE 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.
ENGR 3
Prior to the commencement of use, the proposed driveway crossover within the Patrick Street highway reservation must be designed and constructed in general accordance with the following Municipal Standard Drawings:
1. Urban TSDR09v1 – Urban Roads Driveways and TSD R14v1 Type KC vehicular crossing; and
2. Footpath Urban Roads Footpaths TSDR11v1.
Engineering design drawings must be submitted and approved prior to the commencement of work. The drawings must:
1. Show the cross and long sections of the driveway crossover within the highway reservation and onto the property.
2. Detail any services or infrastructure (i.e. light poles, pits, awnings) at or near the proposed driveway crossover.
3. Show relevant swept path templates in accordance with AS/NZS 2890.12004.
4. Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004.
5. Be prepared and certified by a suitable qualified person.
All work required by this condition must be undertaken in accordance with the approved engineering design drawings.
Advice: Once the engineering design drawings have been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure that works will comply with the Council’s standard requirements.
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.
OPS s2
Prior to the commencement of works the amenity value of the tree (Corymbia ficifolia) identified for removal in "Drawing C100 Revision C 21.05.18 Site distances and works" must be paid by the developer to the Hobart City Council. The amenity value of the tree is $8343.
The developer must also carry out and pay for all works associated with the tree's removal.
The developer must provide tree protection for the neighbouring tree (Corymbia ficifolia) identified for protection in Drawing C100 Revision C 21.05.18 Site distances and works" by establishing an excavation exclusion zone with a 3.7m radius around the tree, defined by temporary fencing to the satisfaction of the Council. Approval of the exclusion zone must be obtained from the Council before works commence.
Advice: To initiate payment of the fee of $8,343 for the value of the tress to be removed, please contact the Council’s Senior Park Planner on 6238 2887 or coh@hobartcity.com.au.
To gain approval for the excavation exclusion zone, please contact Council's Program Leader Arboriculture and Nursery on 6238 2711 or coh@hobartcity.com.au.
Reason for condition
The Council's Director Parks and City Amenity has approved the removal of the tree, the protective measures, and the required compensation. The advice is contained in a report prepared by a contract tree consultant which advises that the trees are in good condition and have the potential for some decades of further service. The report advises that the tree contributes to a regularly spaced planting along the southeastern side of Patrick Street and provides considerable local amenity. Loss of this tree will impact on the local streetscape and its amenity. Payment of the fee will compensate the Council for the loss of the amenity value of the tree. This attributed value does not include the cost of removal or replacement planting. The tree protection zone around the retained neighbouring street tree is to prevent damage to the tree during construction.
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.
OCCUPATION OF THE PUBLIC HIGHWAY
You may require a permit for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.
You will require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve by a private contractor). Click here for more information.
WORK WITHIN THE HIGHWAY RESERVATION
Please note development must be in accordance with the Hobart City Council’s Highways By law. Click here for more information.
ACCESS
Designed in accordance with LGAT IPWEA – Tasmanian standard drawings. Click here for more information.
CROSS OVER CONSTRUCTION
The construction of the proposed crossover can be undertaken either by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.
YOUR OBLIGATIONS UNDER THE BURIALS AND CREMATION ACT 2002
Due care must be taken during the excavation for the works to avoid any disturbance of human remains within the former burial ground. In the event that human remains are encountered, all work is to cease immediately, and the Director of Public Health is to be notified. Any subsequent exhumation is to fully comply with the requirements of section 38 of the Burials and Cremation Act 2002.
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Attachment a: PLN-18-80
- 94 BARRACK STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩ 
Attachment
b: PLN-18-80
- 94 BARRACK STREET HOBART TAS 7000 - CPC Agenda Documents ⇩ 
Attachment
c: PLN-18-80
- 94 BARRACK STREET HOBART TAS 7000 - Planning Referral Officer Cultural
Heritage Report ⇩
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Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 98 ATTACHMENT a |
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Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 113 ATTACHMENT b |
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Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 115 ATTACHMENT b |
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Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 116 ATTACHMENT b |
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Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 119 ATTACHMENT c |
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Agenda (Open Portion) City Planning Committee Meeting |
Page 120 |
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25/6/2018 |
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7.1.3 Partial Change of Use to Home Based Business (Re-Advertised - Administrative Correction) - 85 Swanston Street and 87 Swanston Street, New Town
Address: 85 Swanston Street and 87 Swanston Street, New Town
Proposal: Partial Change of Use to Home Based Business (Re-Advertised – Administrative Correction)
Expiry Date: 26 July 2018
Extension of Time: Not applicable
Author: Elizabeth Wilson
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REcommendation That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial change of use to home based business (re-advertised – administrative correction) at 85 Swanston Street and 87 Swanston Street, NEW TOWN 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 PLN18245 85 SWANSTON STREET NEW TOWN TAS 7008 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit. TW
The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/00728HCC dated 22 May 2018 as attached to the permit.
Reason for condition
To clarify the scope of the permit. PLN s1
The operator of the homebased business approved by this planning permit must be a resident of the dwelling at 85 Swanston Street, New Town.
Advice: Residing at the dwelling at 85 Swanston Street from Monday to Friday while the homebased business is operating, as proposed by the applicant, is considered to constitute being a resident of that dwelling for the purposes of meeting the definition of 'homebased business' within the Hobart Interim Planning Scheme 2015.
Reason for condition
To clarify the scope of the permit and reflect the planning scheme's definition of 'homebased business' 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.
CLIENTS AND PARKING
It is recommended that the business owner allows for a 5 to 10 minute window between customers to reduce the number of clients parking in Swanston Street at any one time.
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Attachment
a: PLN-18-245
- 85 SWANSTON STREET NEW TOWN TAS 7008 - Planning Committee or Delegated Report ⇩ 
Attachment
b: PLN-18-245
- 85 SWANSTON STREET & 87 SWANSTON STREET NEW TOWN TAS 7008 - CPC Agenda
Documents ⇩ 
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Item No. 7.1.3 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 123 ATTACHMENT a |
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Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 136 ATTACHMENT b |
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Item No. 7.1.3 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 143 ATTACHMENT b |
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Item No. 7.1.4 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 144 |
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25/6/2018 |
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7.1.4 PAM-18-80 - 3 Lasswade Avenue Sandy Bay - S.56 Minor Amendment to Planning Permit
Memorandum of the Manager Development Appraisal of 20 June 2018 and attachments.
Delegation: Council
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Item No. 7.1.4 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 145 |
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25/6/2018 |
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Memorandum: City Planning Committee
PAM-18-80 - 3 Lasswade Avenue Sandy Bay - S.56 Minor Amendment to Planning Permit
At its 22 January 2018 meeting, the Council approved a planning application for Partial Demolition, Alterations, Extension and Front Fencing at 3 Lasswade Avenue, Hobart under PLN-17-844. The Council approved the planning application against officer recommendation, which was for refusal on heritage grounds.
The Council included the following planning condition of approval:
PLN s1
The elevations of the building containing the swimming pool must be transparent.
Prior to the issue of any approval under the Building Act 2016, revised plans complying with this requirement to the satisfaction of the Council's Director City Planning must be submitted and approved.
All work required by this condition must be undertaken in accordance with the approved revised plans.
Reason for condition
To minimise the visual impact of the building containing the swimming pool upon the heritage place, the heritage precinct and the streetscape.
The applicant now wishes to make changes to the swimming pool building, and has sought approval for those changes as minor amendment application PAM-18-80 pursuant to section 56 of the Land Use Planning and Approvals Act 1993. This section of the planning legislation allows the Council to approve (or refuse) minor changes to an approved use and development, so long as the changes proposed are minor in the context of what was originally approved, and do not cause an increase in detriment to any person, over and above the detriment that would’ve been caused by the originally approved development.
The minor amendment application proposes the following changes:
1. Omission of the proposed new pool, and with that ommission, turning the approved pool enclosure into a garden pavillion;
2. Reduction in the form and footprint of the garden pavillion;
3. Omission of the sub-floor works including the lower level lift internal to the dwelling;
4. The inclusion of a lift in a different location (below the garden pavillion) to allow disability access to and from the garage to floor level of the garden pavilion and thus level access to the main dwelling.
The elevations of the building will be finished with the following materials:
· East/southeast elevation: a combination of glazing and vertical timber cladding.
· North/northeast elevation: glazing.
· South/south west elevation: a combination of glazing and vertical timber cladding.
The proposed changes are supported by officers, as is the deletion of condition PLN s1. While officers do have delegation to determine minor amendment applications, given the original approval was made by the Council against officer recommendation, and that condition PLN s1 was specifically imposed by the Council, it is considered appropriate that the Council ultimately determine whether the proposed changes should be approved, and the condition deleted.
Attachment A provides a copy of the planner’s report on the minor amendment application, which assesses the proposed changes against the section 56 of the planning legislation. The assessment concludes that the changes are minor and would not cause an increase in detriment to any person, and as such, the recommendation is that the changes be supported and the Council’s originally imposed condition PLN s1 be deleted.
Attachment B provides a copy of the plans which set out the proposed changes, including the materiality of the elevations (refer in particular to plans DA.07C, DA.08C, and DA.09C).
Attachment C provides a copy of the original planning report recommending refusal of originally proposed development.
Attachment D provides a copy of the originally approved (by Council) plans.
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That the planning permit PLN-17-844 BE AMENDED as detailed below pursuant to section 56 of the Land Use Planning and Approvals Act 1993: 1. Amend GEN condition to refer to Amended (s56) Planning Documents as follows: The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-17-844 - 3 LASSWADE AVENUE SANDY BAY TAS 7005 - Amended (s56) Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit. Note: Condition amended pursuant to section 56 of the Land Use Planning and Approvals Act 1993 and approved by the Council on 9 July 2018. 2. Delete condition PLN s1 and include the following advice: Note: Condition deleted pursuant to section 56 of the Land Use Planning and Approvals Act 1993 and approved by the Council on 9 July 2018. 3. Add the following advice to the permit: The date that this planning permit took effect was 22
January 2018 and you have two years from this date to substantially commence
the development/use, before the permit lapses, pursuant to section 53(5) of
the Land Use Planning and Approvals Act 1993. The Council
may grant extensions to this period if requested in writing at any time
before the end of the period of six months from the day on which the permit
has lapsed.
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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.
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Rohan Probert Manager Development Appraisal |
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Date: 20 June 2018
File Reference: F18/70602
Attachment a: PAM-18-80
- 3 LASSWADE AVENUE SANDY BAY TAS 7005 - Planning Permit Amendment Under
Section 56 ⇩ 
Attachment
b: PAM-18-80
- 3 LASSWADE AVENUE SANDY BAY TAS 7005 - Minor Amendment Plans ⇩ 
Attachment
c: PAM-18-80
- 3 LASSWADE AVENUE SANDY BAY TAS 7005 - Original Planner's Report ⇩
Attachment
d: PAM-18-80
- 3 LASSWADE AVENUE SANDY BAY TAS 7005 -Originally Approved Plans ⇩
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Item No. 7.1.4 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 148 ATTACHMENT a |
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Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 152 ATTACHMENT b |
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Item No. 7.1.4 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 154 ATTACHMENT b |
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Item No. 7.1.4 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 163 ATTACHMENT c |
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Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 184 ATTACHMENT d |
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Item No. 7.1.4 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 272 ATTACHMENT d |
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Agenda (Open Portion) City Planning Committee Meeting |
Page 299 |
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25/6/2018 |
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8. Reports
8.1 Trafalgar Place and Collins Court - Extension to Smoke-Free Area
Report of the Manager Environmental Health and the Director City Planning of 20 June 2018 and attachments.
Delegation: Council
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Item No. 8.1 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 300 |
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25/6/2018 |
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REPORT TITLE: Trafalgar Place and Collins Court - Extension to Smoke-Free Area
REPORT PROVIDED BY: Manager Environmental Health
Director City Planning
1. Report Purpose and Community Benefit
1.1. This report provides the Council with the necessary information to enable it to legally declare as a new smoke-free area land adjoining Collins Court, effectively extending the existing smoke-free area.
1.2. The community benefits of the proposal to create a larger smoke-free area extending partially along Trafalgar Place are to:
1.2.1. Reduce confusion as to where the current smoke-free boundary extends; and
1.2.2. Improve amenity in the area with respect to litter and air quality in preparation for the next stage of development of Collins Court as a family focused public space; and
1.2.3. Improve safety in the area which is currently compromised due to the mixed use of Trafalgar Place, by guiding pedestrians to other areas to smoke.
1.3. Endorsement is sought to declare the area identified in Attachment B as a smoke-free area.
2. Report Summary
2.1. Monitoring and surveillance of the Collins Court smoke-free area indicates that the boundaries of the area are not clear and smoking breaches occur regularly.
2.2. A range of stakeholders encouraged the Council to review the area and were supportive of extending the designated smoke-free area.
2.3. The areas to be declared are logical extensions to the current area and the Council is in a position to declare the areas smoke-free under the relevant provisions of the Public Health Act 1997.
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That under the provisions of 67B(1)(c) of the Public Health Act 1997, the Council resolve to declare a portion of Trafalgar Place and CT173149/1 as a smoke-free area as outlined in Attachment B to this report. |
4. Background
4.1. Collins Court ‘the Court’ was declared as a smoke-free public place by the Council in December 2015. The Court is being gradually revitalised as part of the Inner City Action Plan and will be further developed in the latter half of 2018.
4.2. The Court is used by the public for a range of activities including socialising and eating lunch and is also a thoroughfare entered from either Collins Street, Trafalgar Place or the St David’s Cathedral car park.
4.3. The current designated area contained in Attachment A has proven to be problematic for a number of reasons.
4.3.1. The boundary of the smoke-free area is difficult to delineate with signage and does not have obvious on-ground points of reference.
4.3.2. The ramp and stairs accessed from the St David’s Cathedral car park are not currently part of the declared area, hence smokers sit on the wall or stand on the path and lean into the smoke-free area.
4.3.3. Members of the public stand on the road or lean, sit or stand on private property to smoke in non-declared areas at the Trafalgar Place end of the Court.
4.4. Extensive monitoring and observations of the area by the City’s staff and the City employed security guards indicate smoking occurs regularly within the current designated smoke-free area. Education and reminders about where smoking is and is not permitted, result in changed behaviour for the period of observation.
4.5. Groups of people are also regularly congregating around the rear entrance to the building known as Trafalgar Square at 110-114 Collins Street. Smoking is prohibited within 3m of a building entrance or exit under section 67(B)(e) of the Public Health Act 1997 hence this behaviour also constitutes a breach of the smoke-free area laws.
4.6. Tasmania Police have suggested that an extension to the smoke-free area along Trafalgar Place would provide greater clarity for both the public and enforcement authorities on the boundaries of the designated area, which would help to avoid accidental breaches and make enforcement more successful.
4.7. Based on the above, it was considered reasonable to propose an extension of the smoke-free area to include a section of Trafalgar Place.
4.8. Initial engagement with surrounding property owners and tenants with respect to an extension of the area in direct alignment with the Court, maintaining the rectangular shape, was held on the 6 April 2018.
4.9. The majority of respondents were supportive of an extended area, and consideration of the feedback led to further increasing the area along the length of Trafalgar Place to form an ‘L’ shape with the Court.
4.10. A second round of engagement held on 31 May 2018 returned a positive response to the revised plan as shown in Attachment B.
4.11. Declaration of this area as smoke-free will prepare users of the area for the changes that will occur at the end of Trafalgar Place in the Stage 2 redevelopment of the Court.
5. Proposal and Implementation
5.1. The areas to be declared are shown in Attachment B.
5.1.1. Trafalgar Place is shown on the Council’s municipal map, kept pursuant to section 208 of the Local Government Act 1993, as a local highway maintainable by the Council.
5.1.2. The small triangle bordered by the Court, Trafalgar Place and the St David’s Cathedral carpark, CT 173149/1, has been recently acquired thus the Council now owns and occupies this land parcel.
5.2. Under the provisions of section 67B(1)(c) of the Public Health Act 1997 any area, including a public street, that is not within private premises may be designated by the occupier of the area as a smoke-free area.
5.3. Occupier is defined in section 3 of the Public Health Act 1997 as the holder of any right at law to use or carry on operations at that place other than an excluded person. The Council meets the definition of ‘occupier’ as specified under the Act.
5.4. Public street is defined in section 3(1) of the Traffic Act 1925 to mean any street, road, lane, thoroughfare, footpath, bridge or place open to or used by the public, or to which the public have or are permitted to have access, whether on payment of a fee or otherwise. Trafalgar Place falls within the definition of a public street which is occupied and maintained by the City of Hobart.
5.5. The declaration of the smoke-free areas as shown in Attachment B addresses the following matters;
5.5.1. Clarifies that the entirety of the Court and surrounds is smoke-free.
5.5.2. Declares CT 173149/1 as a smoke-free area.
5.5.3. Ensures members of the public will be less likely to put themselves at risk standing on the road to smoke at the Court end of Trafalgar Place.
5.5.4. Incorporates existing prohibitions to smoking within 3m of building entrances and exits.
5.5.5. Provides clear direction as to where the boundaries are.
5.6. The declared area will be appropriately advertised, signed and promoted, and infrastructure such as butt bins will be relocated to areas where smoking is permitted.
5.7. The area will be subject to elevated promotion and education activities for a period of time post-declaration.
6. Strategic Planning and Policy Considerations
6.1. The declaration of smoke-free areas by the Council aligns with the following strategic objective from the Capital City Strategic Plan;
6.1.1. 4.3 Build community resilience, public health and safety.
7. Financial Implications
7.1. Funding Source and Impact on Current Year Operating Result
7.1.1. An allocation is available for signage and promotion from the Environmental Health Unit budget.
8. Legal, Risk and Legislative Considerations
8.1. The City of Hobart will be responsible for monitoring the area for compliance. The City will be supported with respect to enforcement by the Department of Health and Human Services tobacco control officers, and Tasmania Police officers.
9. Environmental Considerations
9.1. The proposal aims to reduce the incidence of smoking in the area and the likelihood of cigarette butts entering the litter stream from this source. High levels of litter currently being generated by users of the space may also reduce.
10. Social and Customer Considerations
10.1. The proposal should increase the opportunity for more members of the community to use this space without being exposed to second-hand smoke.
10.2. The proposal will fit with the desired character for the stage 2 redevelopment of the space.
11. Marketing and Media
11.1. Public awareness of the declaration will include advertising in The Mercury, the installation of new signage, promotion via the City of Hobart’s website, Facebook messaging and City News.
12. Community and Stakeholder Engagement
12.1. Neighbouring businesses are already aware of the proposal and will be kept informed of the declaration and associated works and enforcement activities.
12.2. The Department of Health and Human Services will be formally advised of the declaration and asked to support the City of Hobart in raising awareness and monitoring the area.
12.3. The project team delivering the Stage 2 redevelopment of the Court and the Community Development Officer will be kept advised of relevant issues as they arise.
12.4. The existing Collins Court stakeholder working group will be advised and encouraged to support the initiative.
13. Delegation
13.1. The 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.
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Felicity Edwards Manager Environmental Health |
Neil Noye Director City Planning |
Date: 20 June 2018
File Reference: F18/60029; 16/237
Attachment a: Folio
Plan Collins Street ⇩ 
Attachment
b: Trafalgar
Place ⇩ 
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Item No. 8.1 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 305 ATTACHMENT a |
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Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 306 ATTACHMENT b |
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Agenda (Open Portion) City Planning Committee Meeting |
Page 307 |
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25/6/2018 |
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8.2 Delegated Decisions Report (Planning)
Memorandum of the Director City Planning of 19 June 2018 and attachment.
Delegation: Committee
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Item No. 8.2 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 308 |
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25/6/2018 |
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Memorandum: City Planning Committee
Delegated Decisions Report (Planning)
Attached is the delegated planning decisions report for the period 1 June 2018 until 15 June 2018.
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That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 19 June 2018 be received and noted.
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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.
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Neil Noye Director City Planning |
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Date: 19 June 2018
File Reference: F18/69903
Attachment a: Delegated
Decisions Report (Planning) ⇩ 
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Item No. 8.2 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 309 ATTACHMENT a |
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Agenda (Open Portion) City Planning Committee Meeting |
Page 311 |
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25/6/2018 |
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8.3 City Planning - Advertising List
Memorandum of the Director City Planning of 20 June 2018 and attachment.
Delegation: Committee
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Item No. 8.3 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 312 |
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25/6/2018 |
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Memorandum: City Planning Committee
City Planning - Advertising List
Attached is the advertising list for the period 1 June 2018 – 15 June 2018.
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That the information contained in the memorandum titled ‘City Planning – Advertising List’ of 20 June 2018 be received and noted.
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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.
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Neil Noye Director City Planning |
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Date: 20 June 2018
File Reference: F18/70216
Attachment a: City
Planning - Advertising Report ⇩
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Item No. 8.3 |
Agenda (Open Portion) City Planning Committee Meeting - 25/6/2018 |
Page 313 ATTACHMENT a |
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Agenda (Open Portion) City Planning Committee Meeting |
Page 317 |
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25/6/2018 |
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Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
An Alderman may ask a question without notice of the Chairman, another Alderman, the General Manager or the General Manager’s representative, in line with the following procedures:
1. The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.
2. In putting a question without notice, an Alderman must not:
(i) offer an argument or opinion; or
(ii) draw any inferences or make any imputations – except so far as may be necessary to explain the question.
3. The Chairman must not permit any debate of a question without notice or its answer.
4. The Chairman, Aldermen, General Manager or General Manager’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.
5. The Chairman may require a question to be put in writing.
6. Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.
7. Where a response is not able to be provided at the meeting, the question will be taken on notice and
(i) the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.
(ii) a written response will be provided to all Aldermen, at the appropriate time.
(iii) upon the answer to the question being circulated to Aldermen, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.
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Agenda (Open Portion) City Planning Committee Meeting |
Page 318 |
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25/6/2018 |
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That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:
· Possible legal action to be taken by, or involving the Council.
The following items are listed for discussion:-
Item No. 1 Minutes of the last meeting of the Closed Portion of the Council Meeting Item No. 2 Consideration of supplementary items to the agenda Item No. 3 Indications of pecuniary and conflicts of interest Item No. 4 Responses to Questions Without Notice Item No. 4.1 98 Augusta Road, Lenah Valley LG(MP)R 15(2)(i) Item No. 5 Questions Without Notice |
