AGENDA
OPEN PORTION OF THE Council Meeting

Monday, 9 July 2018

AT 5:00 pm


 


 

Agenda (Open Portion)

Council Meeting

Page 3

 

9/7/2018

 

 

ORDER OF BUSINESS

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Confirmation of Minutes. 6

2.        Transfer of Agenda Items. 6

3.        Communication from the Chairman. 6

4.        Notification of Council WorKshops. 6

5.        Public Question Time. 7

6.        Petitions. 7

7.        Consideration of Supplementary Items. 7

8.        Indications of Pecuniary and Conflicts Of Interest. 7

Reports of Committees. 8

City Planning Committee

9.        Council Acting as Planning Authority. 8

9.1     98 Augusta Road, Lenah Valley - Change of Use to Food Services, Partial Demolition, Alterations and Signage. 8

9.2     94 Barrack Street, Hobart Adjacent Road Reserve - Partial Demolition and Alterations to Access Including Tree Removal 17

9.3     PAM-18-80 - 3 Lasswade Avenue Sandy Bay - S.56 Minor Amendment to Planning Permit 23

9.4     2 Davies Avenue, Adjacent Road Reserve, Hobart - Partial Demolition, Alterations and Extensions to Aquatic Centre including Alterations to Carparking. 24

9.5     32 Broadwaters Parade, Sandy Bay - Driveway, Retaining Walls, Landscaping and Front Fence. 47

10.     Trafalgar Place and Collins Court - Extension to Smoke-Free Area. 47

Motions of which notice has been given

11.     Spokesperson Role. 49

12.     Shared Ownership and Control of Davey and Macquarie Street 50

City Infrastructure Committee

13.     Infrastructure By-law, No. 1 of 2018  Waste Management By-law, No. 3 of 2018  53

14.     Draft Transport Strategy. 53

15.     AP14 - Salamanca Pedestrian Works - Updated Concept Design. 53

Economic Development & Communications Committee

16.     Economic Development - Guiding Principles. 55

17.     Community Engagement Framework Review.. 55

18.     2018/19 Fees and Charges Amendment - Communications and Marketing Division. 55

Special Report – General Manager

19.     The Victorian Sister Cities Forum - Melbourne  18 July 2018 - Aldermanic Nominations. 57

20.     Closed Portion Of The Meeting.. 67

 


 

Agenda (Open Portion)

Council Meeting

Page 5

 

9/7/2018

 

 

A meeting of the Open Portion of the Council will be held in the Council Chamber, Town Hall on Monday, 9 July 2018 at 5:00 pm.

 

N D Heath

General Manager

ALDERMEN:

Lord Mayor R G Christie

Deputy Lord Mayor P T Sexton

Alderman M Zucco

Alderman J R Briscoe

Alderman E R Ruzicka

Alderman H C Burnet

Alderman P S Cocker

Alderman D C Thomas

Alderman A M Reynolds

Alderman T M Denison

Alderman W F Harvey

APOLOGIES:

 

 

LEAVE OF ABSENCE:

Deputy Lord Mayor P T Sexton

 

1.       Confirmation of Minutes

 

The Chairman reports that he has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 18 June 2018, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

 

 

 

 

2.       Transfer of Agenda Items

 

Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015?

 

 

 

3.       Communication from the Chairman

 

 

 

4.       Notification of Council WorKshops

 

In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the General Manager reports that no Council workshops have been conducted since the last ordinary meeting of the Council.

 

 

5.       Public Question Time

 

 

 

 

6.       Petitions

 

 

 

 

 

 

7.       Consideration of Supplementary Items

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

RECOMMENDATION

 

That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.

 

 

 

 

 

8.       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.


 

Agenda (Open Portion)

Council Meeting

Page 7

 

9/7/2018

 

 

Reports of Committees

 

City Planning Committee

 

9.       Council Acting as Planning Authority

 

In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Council 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 Council will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

 

The Council 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.

 

9.1      98 Augusta Road, Lenah Valley - Change of Use to Food Services, Partial Demolition, Alterations and Signage

            PLN-17-480 - File Ref: F18/70520

Ref:    Open CPC 7.1.1, 25/06/2018

Application Expiry Date: 10 July 2018

Extension of Time: Not applicable

 

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, marked as item 7.1.1 of the Open City Planning Committee agenda of 25 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 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 si(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.

 

 

 

 

 

 

 

 

 

 

 

 

 

9.2      94 Barrack Street, Hobart Adjacent Road Reserve - Partial Demolition and Alterations to Access Including Tree Removal

            PLN-18-80 - File Ref: F18/70535

Ref:    Open CPC 7.1.2, 25/06/2018

Application Expiry Date: 9 July 2018

Extension of Time: Not applicable

 

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, marked as item 7.1.2. of the Open City Planning Committee agenda of 25 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 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.

9.3      PAM-18-80 - 3 Lasswade Avenue Sandy Bay - S.56 Minor Amendment to Planning Permit

            File Ref: F18/70602

Ref:    Open CPC 7.1.4, 25/06/2018

 

That the planning permit PLN-17-844 - 3 LASSWADE AVENUE SANDY BAY TAS 7005 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.

Note: Advice added pursuant to section 56 of the Land Use Planning and Approvals Act 1993 and approved by Council on 9 July 2018.

 

 

 

 

 

 

 

9.4      2 Davies Avenue, Adjacent Road Reserve, Hobart - Partial Demolition, Alterations and Extensions to Aquatic Centre including Alterations to Carparking

            PLN-18-127 - File Ref: F18/70792

Ref:    Supplementary Open CPC 11, 25/06/2018

Application Expiry Date: 18 July 2018

Extension of Time: Not applicable

 

That:   Pursuant to the Hobart Interim Planning Scheme 2015 and Sullivans Cove Planning Scheme 1997, the Council approve the application for partial demolition, alterations and extensions to aquatic centre including alterations to car parking at 2 DAVIES AVENUE, HOBART for the reasons outlined in the officer’s report, marked as supplementary item 11 of the Open City Planning Committee agenda of 25 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 PLN­18­127 ­ 2 DAVIES AVENUE HOBART TAS 7000 ­ Final Planning Documents except where modified below.

 

Reason for condition

To clarify the scope of the permit.

 

STAGING

The construction works for the development must be carried out in accordance with the two stages listed below (noting that these may occur separately, concurrently or in any order).

·     Stage 1 ­ New entrance area, Davies Avenue carpark modification and change room redevelopment.

·     Stage 2 ­ New wellness area, water slide, dry diving, leisure pool extension and Aberdeen Street carpark modifications.

 

Reason for condition

To clarify the timing for conditions 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 2018/00342­HCC dated 6 April 2018 as attached to the permit.

 

Reason for condition

To clarify the scope of the permit.

 

PLN 17

 

External lighting of car parking areas must be in accordance with AS/NZS 1158.3.1:2005 Lighting for Roads and Public Spaces, or otherwise provide for a safe environment for all users outside of daylight hours.

 

Prior to the commencement of works associated with the car park modification of each stage (refer to condition STAGING, Stage 1 ­ Davies Avenue, Stage 2 ­ Aberdeen Street), an external lighting plan of each car park must be submitted and approved, demonstrating compliance with the above requirement.

 

All work required by this condition, must be undertaken in accordance with the approved external lighting plan.

 

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

 

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

 

Reason for condition

To ensure that the non­residential use does not unreasonably impact residential amenity.

 

 

ENG sw2.1

 

The Council’s stormwater infrastructure within the subject site must be protected from damage during the construction of the development.

 

Digital copies of a pre­construction CCTV video and report of the Council stormwater infrastructure must be undertaken and submitted to Council prior to the issue of consent under the Building Act or commencement of work (whichever occurs first).

 

The post construction CCTV 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 pre construction CCTV video of the Council’s infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

 

Reason for condition

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

 

 

ENG sw2.2

 

A post­works CCTV video and associated report of the remaining public stormwater infrastructure within two metres of the proposed works (inlcuding alteration of levels) must be undertaken and submitted to Council on completion of all work.

 

The post­construction CCTV 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 pre construction CCTV video of the Council’s infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

 

Reason for condition

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

 

 

ENG sw3

 

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

 

Detailed engineering design of all works within two metres of the Council's stormwater infrastructure must be submitted and approved prior to issue of any consent under the Building Act 2016 or commencement of works (whichever occurs first). (Stage 1 and 2 design and approval may be assessed independently or concurrently).

 

The detailed design must:

 

1.    Demonstrate how the design will maintain the overland flow path, provide adequate access to the main, impose no additional loads onto the main and that the structure will be fully independent of the main and its trenching.

 

2.    Include cross­sections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works (including footings), and stating the minimum setbacks from the works to the nearest external surface of the main.

 

3.    Include a long­section of the Council's stormwater main clearly showing proposed cover. If the cover is less than 600mm, engineering details and full calculations to relevant Australian standards (including construction traffic loading) must be submitted to demonstrate the mains can withstand the likely forces and will be adequately protected. All assumptions must be stated.

 

4.    Show all pipes currently shown as public infrastructure which do not service land outside the aquatic centre complex or road reserves as to be abandoned as public infrastructure. A formal request to abandon pipes must be made, including a plan and details of how the land serviced by the pipes was determined.

 

5.    Be certified by a suitably qualified engineer.

 

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

 

Advice: Once the detailed design drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement). Please note some pipes shown as public infrastructure may need to be abandoned and / or relocated clear of the proposed works for permission to be granted for works within one metre of their external surface.

 

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

 

Reason for condition

 

To ensure the protection of the Council’s hydraulic infrastructure.

 

ENG sw5

 

All alterations required to the public stormwater system, including new connections, relocation of mains and abandonment of mains, must be designed and constructed prior to the commencement of the use or issue of any completion certificate (whichever occurs first).

 

Engineering drawings must be submitted and approved, prior to commencement of work or issue of consent under the Building Act 2016 (whichever occurs first). (Stage 1 and 2 design and approval may be assessed independently or concurrently).

 

The engineering drawings must:

 

1.    Be certified by a qualified and experienced civil engineer.

 

2.    Include plans and long­sections of the proposed stormwater infrastructure.

 

3.    Clearly distinguish between public and private, and confirm no third­ party land or roads drain through any pipes to be abandoned as public infrastructure.

 

4.    Minimise connections to the DN450 public main passing through the site.

 

 

 

5.    Include the associated calculations and catchment area plans. These should include, but not be limited to, connections, flows, velocities, clearances, cover, gradients, sizing, material, pipe class, and inspection openings

 

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

 

Advice: Once the engineering drawings have been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Division to obtain a Permit to Construct Public Infrastructure.

 

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 Council’s hydraulic infrastructure meets acceptable standards.

 

ENG sw7

 

Stormwater pre­treatment and detention for stormwater discharges from the development must be installed prior to commencement of use or issue of a Certificate of Completion (whichever occurs first).

 

A stormwater management report and design must be submitted and approved, prior to commencement of Stage 2 work or issue of any consent under the Building Act 2016 for Stage 2 (whichever occurs first).

 

 

 

 

 

 

The stormwater management report and design must:

 

1.    Be prepared by a suitably qualified engineer.

 

2.    Include detailed design of the proposed treatment train, including final estimations of contaminant removal.

 

3.    Include detailed design and supporting calculations of the proposed private detention tank, sized to prevent unsafe flooding in the relevant 100yr ARI event. All assumptions must be clearly stated. Clearly address the emptying time of the tank versus the receiving capacity of the pipework.

 

4.    Include design drawings of the detention tank showing the layout, the inlet and outlet (including long section), the overflow mechanism.

 

5.    Include a Stormwater Management Summary Plan that outlines the obligations for future property owners to stormwater management, including a maintenance plan which outlines the operational and maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

 

All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.

 

Advice: Once the stormwater management report and design has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement)

 

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

 

 

 

 

Reason for condition

To avoid the possible pollution of drainage systems and natural watercourses, to comply with relevant State legislation, and to ensure the development’s stormwater system takes into account limited receiving capacity of Council’s infrastructure.

 

ENG tr1

 

Traffic management within the car parking area must be installed prior to the commencement of the use (Stage 1 and 2 design and approval may be assessed independently or concurrently).

 

Traffic management design drawing(s) of the proposed traffic management within the car park (including signage and linemarking), must be submitted and approved, prior to commencement of the works (Stage 1 and 2 design and approval may be assessed independently or concurrently). The design drawings and management plan must include, but not be limited to:

 

1.    Signage and other warning devices at the exit to the Aberdeen Street Car Park parking module advising that vehicles exiting should give way to vehicles entering.

 

2.    Signage and other devices advising entering vehicles that the Aberdeen Street Car Park is for permit parking only.

 

3.    Boom gate design and details of the special permit system for the Aberdeen Street Car Park.

 

All work required by this condition must be undertaken in accordance with the approved traffic management design drawings.

 

Advice: Once the traffic management 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

 

In the interests of user safety and the amenity of the occupiers of the development.

 

ENG tr2

 

A construction traffic and parking management plan must be implemented prior to the commencement of work on the site for each stage (including demolition).

 

The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved for each stage, prior to commencement work. The construction traffic and parking management plan must:

 

1.      Be prepared by a suitably qualified person.

 

2.      Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.

 

3.      Include a start date and finish dates of various stages of works.

 

4.      Include times that trucks and other traffic associated with the works will be allowed to operate.

 

5.      Nominate a superintendent or the like to advise the Council of the progress of works in relation to the traffic and parking management with regular meetings during the works.

 

All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.

 

Advice: Once the construction traffic and parking management plan has 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 the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

 

 

ENG 2a

 

Prior to the commencement of use, vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

 

Advice:

·     The Council does not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.

 

·     Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required in the parking module this area may be considered as a path of access to a building.

 

Reason for condition

 

To ensure the safety of users of the access driveway and parking module and compliance with the standard.

 

ENG 2b

 

Prior to the issue of any approval under the Building Act 2016 for Stage 1 or the commencement of Stage 1 works on site (whichever occurs first), a certified vehicle barrier design (including site plan with proposed location(s) of installation) prepared by a suitably qualified engineer, compliant with Australian Standard AS/NZS1170.1:2002, must be submitted to Council.

 

Advice:

·     Once the certification has been accepted, 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.

 

·     The future ramp shown on the car parking drawings (giving access from the proposed memorial bridge (by others)) may require vehicular barriers on the side if the drop from the aquatic centre car park access to the ramp pavement is greater than 600mm and a kerb if greater than 150mm. Please consider this requirement as part of the overall design.

 

Reason for condition

 

To ensure the safety of users of the access driveway and parking module and compliance with the standard.

 

ENG 2c

 

Prior to the commencement of use of Stage 1 DDA compliant accessible car parking module, vehicular barriers must be inspected by a qualified engineer and certification submitted to the Council confirming that the installed vehicular barriers comply with the certified design and Australian Standard AS/NZS1170.1:2002.

 

Advice:

Certification may be submitted to the 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 access driveway and parking module and compliance with the relevant standards.

 

 

 

ENG 3a

 

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

 

Reason for condition

To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.

 

ENG 3b

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved, prior to the issuing of any approval under the Building Act 2016 (Stage 1 and 2 design and approval may be assessed independently or concurrently).

 

The access driveway, circulation roadways, ramps and parking module

(parking spaces, aisles and manoeuvring area) design must:

 

1.    Be prepared and certified by a suitably qualified engineer.

 

2.    Be generally in accordance with the Australian Standard AS/NZS2890.1:2004, including parking module gradients.

 

3.    Where the design deviates from AS/NZS2890.1:2004, demonstrate that it will provide a safe and efficient access, and enable safe, easy and efficient use.

 

4.    In relation to the Aberdeen Street car park, include a dedicated turning bay to ensure vehicles may exit in a forward direction.

 

5.    In relation to the Davies Avenue car park , include a dedicated turning bay within the DDA compliant accessible car parking module.

 

 

 

 

All work required by this condition must be undertaken in accordance with the approved access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) design.

 

Advice:

·     Once the access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) design has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

·     Although not the formal facilities for commercial vehicle deliveries, it is noted that the proposed overhand of the new Dry Diving Area over the Aberdeen Street Car Park entry may not have sufficient clearance for a Small Rigid Vehicle if required for pool maintenance activity.

 

Reason for condition

 

To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.

 

 

ENG 3c

 

Prior to the commencement of use (Stage 1 and 2 works may be assessed independently or concurrently), documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the approved drawings must be lodged with 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 access and parking module, and compliance with the relevant Australian Standard.

 

 

 

 

 

 

 

ENG 4

 

The access driveway and parking module (car parking spaces, aisles and manoeuvring area) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure prior to the commencement of use of the access driveway and parking module.

 

Reason for condition

 

To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

 

 

ENG 11

 

Prior to the commencement of the use of Stage 1 works, the proposed access crossover to Davies Avenue must be constructed in general accordance with Australian Standards AS/NZS 2890.1 and AS/NZS 2890.2, and Local Government Association Tasmania Municipal Standard Drawings, including but not limited to:

 

1.    Minimum access width to be in accordance with AS/NZS 2890.1 Table for Category 3 (6m entry and 4m exit).

 

2.    LGAT Standard Drawing ­ Commercial Urban­ TSD­R09­v1 – Urban Roads Driveways and TSD R16­v1 Type KCR & B1 or Type KCRB & B1.

 

3.    LGAT Standard Drawing ­  Footpath ­ Urban Roads Footpaths TSD­R11­v1.

 

4.    Or a Council City Infrastructure Division approved alternate design.

 

Design drawings must be submitted and approved prior to the commencement of Stage 1 work. The design drawings must:

 

1.    Show the cross and long section of the driveway crossovers 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.    Be designed for the expected vehicle loadings. A structural certificate to note that driveway is suitable for heavy vehicle loadings.

 

4.    Show swept path templates in accordance with AS/NZS 2890.1 2004 (Coach design template), noting clearance from heritage trees.

 

5.    If the design deviates from the requirements of the TSD, then demonstrate that a coach can access the driveway from the road pavement into the property without scraping the underside.

 

6.    Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004, or are to the same standard as approved in this permit.

 

7.    Be prepared and certified by a suitable qualified person, to satisfy the above requirement.

 

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

 

Advice:

·     Local Government Association (LGAT) Tasmanian Standard Drawings (TSD) can be viewed electronically via the LGAT Website.

 

·     It is advised that designers consider the detailed design of the crossover, access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

 

·     Please contact Council City Infrastructure Division to discuss approval of alternate designs. Based on a site specific assessment, Council City Infrastructure Division Road Engineer may permit non­standard designs.

 

·     You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.

 

 

 

·     Once the 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

In the interests of vehicle user safety and the amenity of the development.

 

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. Any damage must be immediately reported to 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 2

 

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

 

A SWMP must be submitted prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program,

2008), available here.

 

All work required by this condition must be undertaken in accordance with the approved SWMP.

 

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

 

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 avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

 

HER 17

The palette of exterior colours and materials must reflect the palette of materials within the local streetscape and precinct.

 

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 at a (select relevant) heritage place/precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

 

HER 18

The following listed significant trees which are in proximity to the proposed works must be protected throughout excavation, construction and post construction. This includes any excavation for new or current in ground infrastructure such as stormwater, fire service, lighting, heat recovery or communications.

 

1.    D9, Pinus canariensis Canary Island Pine in proximity to the Proposed Dry Diving facility.

 

2.    D8, Cedrus atlantica, Atlas Cedar in proximity to the Proposed Dry Diving facility.

 

3.    D7, Pinus nigra var. maritima, Corsican Pine in proximity to the Proposed Dry Diving facility.

 

5.    D6, Pinus wallichiana, Bhutan Pine in proximity to the Proposed Dry Diving facility.

 

6.    The six trees shown as 'existing tree' on the drawing ASK11 revision B dated February 2018, Proposed Carpark Plan, two of which are associated with the Soldiers Ave Memorial.

 

7.    The five trees shown on the drawing EX01 revision 2 dated May 2018 Existing Site Plan, made up of three original Soldiers Ave Memorial trees and two new/replacement trees. Two are on the western side of the footpath (one replacement, one original) and one replacement tree on the eastern side of the footpath, all adjacent to the gymnasium and office area; two on the eastern side of the footpath (one original and one replacement); and one on the western side of the footpath adjacent to the entry carpark. All have plaques.

 

Prior to the issue of any approval under the Building Act 2016, a report must be submitted and approved. The report must;

 

1.    Be prepared by a suitably qualified arborist; and

 

2.    Show all tree protection zones and relevant measures specified under Section 3 Determining the Protection Zones of the Selected Trees, Section 4 Tree Protection Measures and Section 5 Monitoring and Certification of AS4970­2009 Protection of trees on development sites, around all those trees listed above.

 

All work required by this condition must be undertaken in accordance with the approved report.

 

Reason for condition

To ensure that listed significant trees and those within a cultural landscape precinct as part of the Soldiers Memorial Ave are not unnecessarily destroyed, damage or negatively impacted upon and are managed in a way that maintains their health and appearance.

 

 

HER 20

Prior to the issue of any approval under the Building Act 2016, a heritage construction management plan must be submitted and approved.

 

The heritage construction management plan must include the following:

 

1.    That a briefing on the importance of all the trees described in condition HER 18 to be provided to all contractors as part of a site induction by a suitable qualified/experienced arborist and the Friends of the Soldiers Memorial Avenue.

 

2.    Detail of methods to enforce a machinery exclusion zone around the Charles Meredith Memorial Fountain (including cobblestone paving) during the course of works.

 

3.    Detail as to whether any trees will be overhanging any works compound associated with the proposed development, and what measures will be taken to protect those trees against possible damage, as guided by an arborist.

 

All work required by this condition must be undertaken in accordance with the approved heritage construction management plan.

 

Reason for condition

To ensure that development in a cultural landscape precinct and adjacent to significant trees 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.

 

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.

 

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

 

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

 

 

 

PLUMBING PERMIT

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

 

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.

 

BUILDING OVER AN EASEMENT

In order to build over the service easement, you will require the written consent of the person on whose behalf the easement was created, in accordance with section 74 of the Building Act 2016.

 

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

You may require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Infrastructure Division to initiate the permit process).

 

NEW SERVICE CONNECTION

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

 

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.

 

WORKS WITHIN ONE METRE OF COUNCILS' STORMWATER MAIN

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

 

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.

 

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s Highways By law. Click here for more information.

 

ACCESS

Designed in accordance with LGAT­ IPWEA – Tasmanian standard drawings. Click here for more information.

 

CROSS OVER CONSTRUCTION

The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.

 

STORM WATER / ROADS / ACCESS

Services to be designed and constructed in accordance with the (IPWEA) LGAT  standard drawings. Click here for more information.

 

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment 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.

 

 

 

 

 

 

 

 

 

9.5      32 Broadwaters Parade, Sandy Bay - Driveway, Retaining Walls, Landscaping and Front Fence

            PLN-18-192 - File Ref: F18/71249

Ref:    Supplementary Open CPC 12, 25/06/2018

Application Expiry Date: 31 July 2018

Extension of Time: Not applicable

 

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for driveway, retaining walls, landscaping and front fence at 32 Broadwaters Parade for the following reasons:

 

 

1.    The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.7.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the access is not safe, efficient or convenient for users.

 

 

2.    The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.7.5 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the layout of the access is not located, designed or constructed to enable safe, efficient and easy use (including access, egress and manoeuvring on­site).

 

 

3.    The proposal does not meet the acceptable solution and there is no performance criterion with respect to clause E6.7.14 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the access to Broadwaters Parade is not in accordance with the requirements of the road authority, and is therefore not appropriately provided.

 

 

 


 

 

10.      Trafalgar Place and Collins Court - Extension to Smoke-Free Area

            File Ref: F18/60029; 16/237

Ref:    Open CPC 8.1, 25/06/2018

 

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 item 8.1 of the Open City Planning Committee agenda of 25 June 2018.

 

 

 

 


 

Agenda (Open Portion)

Council Meeting

Page 45

 

09/07/2018

 

 

 

Motions of which notice has been given

 

IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015

 

 

The motion below has been submitted directly to the Council on the basis that Alderman Zucco considers the matter to be urgent.

In accordance with the procedures for Notices of Motion, the Council must firstly resolve that the motion is urgent, before it may consider the substance of the motion.

11.      Spokesperson Role

            File Ref: F18/73078

Alderman Zucco

Motion

“That pursuant to section 27A (1)(a) of the Local Government Act 1993, the Minister for Local Government be requested to clarify the role of the Lord Mayor as spokesperson, having particular regard to the comments in the Local Government Good Governance Guide (published by the Local Government Office) and Parts 3 (Use of Office) and 8 (Representation) of the Aldermanic Code of Conduct.”

 

Rationale:

 

“In recent times, the Lord Mayor Alderman Ron Christie has made a number of comments in the media that do not reflect Council policy or decisions and have not had the authority of the Council. A number of Aldermen have been concerned about these comments and in particular the adverse impact these comments have had on our city.

 

In particular, some Aldermen are concerned about the Lord Mayor’s comments relation to the dual naming of Hobart, the Dark Mofo festival and the benefits of the tourism industry to our city.

 

It is accepted that the Lord Mayor has a role as spokesperson of the Council. However this role must be used to reflect the views and decisions of the Council.

 

Section 27A (1)(a) of the Local Government Act 1993 allows the Minister to issue Ministerial Orders to ‘clarify the functions of mayor’.

 

Part 3 of the Aldermanic Code of Conduct imposes certain obligations on Aldermen concerning not bringing the Council into disrepute whilst Part 8 distinguished been personal and council views and again the need to not bring council into disrepute.

 

Finally, to quote from the Local Government Good Governance Guide:

 

“As spokesperson of the council, the mayor must fairly represent the views and decisions of a council, even if the mayor does not agree with the view or decision. Mayors, like all elected members, have the opportunity to express their views in the lead-up to a decision and during debate. However, if the final decision of the council conflicts with the private view of the mayor, the mayor should refrain from expressing a view that is contrary to the formal position of the council. A mayor expressing a view that opposes the agreed position of the council can lead to confusion and can lead the community to believe that the council is divided”.

 

The Minister is urgently requested to issue a Ministerial Order so that the Lord Mayor is clear about his role and in particular what he can and cannot say in his role.

 

 

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 concerns the role of the Lord Mayor.”

 

 

 


 

The motion below has been submitted directly to the Council on the basis that Alderman Thomas considers the matter to be urgent.

In accordance with the procedures for Notices of Motion, the Council must firstly resolve that the motion is urgent, before it may consider the substance of the motion.

12.      Shared Ownership and Control of Davey and Macquarie Street

            File Ref: F18/75413

Alderman Thomas

Motion

Following the notification by the State of its intention to proclaim their takeover to state control, an urgent report be prepared to advise Council on the value of seeking state government approval for a shared ownership and control of Davey and Macquarie Streets given their strategic importance to the City of Hobart.”

Rationale:

 

“The decision to take over from city control of our major streets, Davey and Macquarie streets by the state government has occupied almost no time by the council notwithstanding the imminent gazettal. Whilst the council has briefly considered an advisory committee with the State but a committee without any power to influence to finally influence a state decision which joint ownership and control would afford council.

 

History provides us with many lessons and few are as pronounced as what the loss for community might mean for our capital. These two streets, named after British forebears with links to the then colony [with no recognition afforded the indigenous owners and custodians] have always loomed large in civic and community activity.  When Queen Victoria’s second son, Prince Alfred, Duke of Edinburgh came to Hobart, in January 1868 the city, ‘festooned with flags and several arches’ greeted the prince warmly, with the civic highlight being the quaintly-named ‘Colonists’ Ball’ at the Town Hall, which had been specially illuminated for the occasion. The dancing continued ‘with great spirit’ until the early dawn. During his Hobart visit, the Duke laid the foundation stone of St David’s Cathedral, on the corner of Murray and Macquarie streets.

 

The visit of the popular Prince of Wales (later King Edward VIII) in 1920 prompted lavish displays of affection, including a municipal welcome arch, illuminated decorations and civic entertainment. In both our Macquarie Street was a focus for the people as it has been on countless Anzac days and innumerable public events. Over all this time the City of Hobart has been the responsible custodian of these two significant city assets.

 

These two roads much debated for the possibilities of being adapted and made more people friendly by city futurists such as Gehl the globally renowned city sculptor will shortly become state highways and over a hundred years of municipal stewardship will be gone forever.

 

The takeover raises a number of significant questions including the telling point of whether sole state control make any real difference to the reality of increasing congestion in these two streets and after a century plus of city stewardship is there any doubt that Hobart with its professional traffic engineers working closely with the state is not capable of working collegially in the community’s best interest?

 

During this administration as for those before the council was as owner, and subject to good planning and public support the custodian of these streets with a number of well thought through designs and improvements, particularly to the means by which pedestrians could move between the Mall and the waterfront. Lest we not end up with a Parramatta road Sydney style thoroughfare in our city with potential for clearways, increased speed, unstable Georgian building foundations as a consequence and curb side traders left with no parking access to their businesses without solid and reliable input, and moreover agreement from council  I seek approval for an urgent report into seeking from government a new accommodation and joint concert between the State with its greater Hobart mandate and our city constituted by a joint authority responsible for the ownership and management of these arterial roads. The report could look at the authority having equal responsibility for funding and for decision making. By formalising the arrangements, the intimate knowledge each has can be combined in the communities’ best interest and all issues of traffic management worked through collaboratively. The time for urgent consultation and negotiation with the government is now.”

 

 

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 concerns the ownership of Davey and Macquarie Streets.”

 

 

 

 

  


 

Agenda (Open Portion)

Council Meeting

Page 49

 

9/7/2018

 

 

City Infrastructure Committee

 

13.      Infrastructure By-law, No. 1 of 2018
Waste Management By-law, No. 3 of 2018

            File Ref: F18/68574; 15/179

Ref:    Open CIC 6.1, 20/06/2018

 

That:   1.    The Council notes the submissions made to it in relation to the Infrastructure By-law and the Waste Management By-law pursuant to s159 of the Local Government Act 1993.

2.    The Council resolves by absolute majority to amend the Infrastructure By-law as shown in Attachment C to item 6.1 of the Open City Infrastructure Committee agenda of 20 June 2018.

3.    The General Manager be authorised to arrange the necessary actions to enact the By-law.

 

 

 

14.      Draft Transport Strategy

            File Ref: F18/40180; 15/161

Ref:    Open CIC 6.2, 20/06/2018

 

That:   1.    The Council receive and note the draft City of Hobart Transport Strategy marked as Attachment A to item 6.2 of the Open City Infrastructure Committee agenda of 20 June 2018.

2.    The draft City of Hobart Transport Strategy be released for final community and stakeholder engagement.

3.    A further report be provided, presenting the results of the consultation and a final draft Transport Strategy for the Council’s approval.

 

 

 

15.      AP14 - Salamanca Pedestrian Works - Updated Concept Design

            File Ref: F18/66399; R0817

Ref:    Open CIC 6.3, 20/06/2018

 

That:   1.    Subject to detailed design and planning approval, the next stage of the Salamanca Pedestrian Works, generally as shown on the figure ‘Concept Plan – Final (7/6/2018)’ in Attachment C and the figure ‘Concept Plan – Materials (7/6/2018)’ in Attachment D to item 6.3 of the Open City Infrastructure Committee agenda of 20 June 2018, be constructed at an estimated cost of $3.5M, with $1M to be allocated in the 2018 / 2019 Capital Works Program and the remaining $2.5M funded over the 2019 / 2020 and 2020 / 2021 financial years.

2.    The General Manager ensure that Aldermen are updated on any significant changes to the concept design that may occur through the detailed design and construction process.

 

 

 


 

Agenda (Open Portion)

Council Meeting

Page 51

 

9/7/2018

 

 

Economic Development & Communications Committee

 

16.      Economic Development - Guiding Principles

            File Ref: F18/12446

Ref:    Open EDCC 6.1, 21/06/2018

 

That:   1.    Council endorses the following seven economic development guiding principles based on the community’s draft vision for the city:

(i)      Our businesses and industries reflect and support our Hobart identities.

(ii)     We believe in meaningful work.

(iii)    We support diverse journeys through working life.

(iv)    We build on our connections.

(v)     Hobart is our workshop, supporting entrepreneurs and small businesses.

(vi)    Our economies are diversified.

(vii)   We balance local needs with those of visitors and investors.

 

 

 

17.      Community Engagement Framework Review

            File Ref: F17/50326; 17/59

Ref:    Open EDCC 6.2, 21/06/2018

 

That:   1.    The results of the community engagement review marked as item 6.2 of the Open Economic Development and Communications Committee agenda of 21 June 2018 be received and noted.

2.    The Council endorse the Draft City of Hobart Community Engagement Framework for public release for the purposes of community engagement.

 

 

 

18.      2018/19 Fees and Charges Amendment - Communications and Marketing Division

            File Ref: F18/75584

Ref:    Special Open EDCC 4.1, 9/07/2018

 

A recommendation will be submitted to the meeting.

 

 

 

   


Item No. 19

Agenda (Open Portion)

Council Meeting

Page 53

 

9/7/2018

 

 

Special Report – General Manager

 

19.      The Victorian Sister Cities Forum - Melbourne
18 July 2018 - Aldermanic Nominations

            File Ref: F18/67373; 16/78

Report of the General Manager of 3 July 2018 and attachments.

Delegation:                 Council


Item No. 19

Agenda (Open Portion)

Council Meeting

Page 54

 

9/7/2018

 

 

 

 

Memorandum: Council

 

The Victorian Sister Cities Forum - Melbourne
18 July 2018 - Aldermanic Nominations

 

Attached is an invitation from Sister Cities Australia and the Victorian Parliament to attend the Victorian Sister Cities Forum in Melbourne on Wednesday 18 July 2018. This is provided to enable Aldermanic nominations to be sought for attendance.

 

Clause 2 of the Council’s policy titled Aldermanic Development and Support with regard to conference attendance, provides that:

 

The Council may approve the attendance of Aldermen at relevant conferences as representatives of the City, in the capacity as a delegate or conference presenter, subject to budget availability.

 

Particular conferences where Council representation may be considered appropriate may be brought to the notice of the Council by the General Manager or an individual Alderman.

 

When such conferences are listed on the relevant committee agenda for consideration of representation, the relevance of the conference to the city’s strategic objectives is to be addressed as part of the process.

 

 

Further at Clause 3 the policy provides that:

 

Aldermanic participation in local government sector activities is considered relevant and appropriate in order to benchmark activities against industry standards, maintain knowledge and relativity within the sector and to network and build relationships and capacity within the industry.

 

Aldermen may attend conferences, seminars, meetings or training events arranged by sector stakeholders such as:

(i)      Local government peak bodies (eg. LGAT, Think South, MAV, ALGA, ALGWA);

(ii)     State, Federal or Local Government authorities;

(iii)    Australian Institute of Company Directors; and

(iv)    The City of Hobart.

 

The forum program includes topics that discuss the importance and changing nature of sister-cities, including economic benefits and the diversity of relationships. Case studies of international relationships will also be covered.

 

The City of Hobart has formal sister city relationships with Yaizu, Japan and L’Aquila, Italy as well as formal friendship relationships with Xi’an and Fuzhou in China. Additionally, Council resolved on 23 April 2018 to commit to a relationship with the village of Balibó in Timor-Leste.

 

The content of the forum is relevant to local government and the Capital City Strategic Plan 2015-2025, in particular:

 

1.2.3      Develop a policy position on international relations.

1.2.4      Support the council’s existing sister city relationships with Yaizu, L’Aquila, Xi’an and respond to new opportunities.

5.1.4      Measure performance and outcomes of Council activities

The estimated cost of attendance is approximately $760 per person, which is inclusive of accommodation for one night, travel expenses and other incidental expenditure.

 

The costs be attributed to the Conference Attendance allocation of the Alderman Allowances and Expenses function as part of the budget estimates within the proposed 2018–19 Annual Plan.

 

This information is submitted for consideration.

 

 

REcommendation

That:

1.      The Council consider Aldermanic representation at the Victorian Sister Cities Forum, to be held Wednesday 18 July 2018 in Melbourne.

2.      The estimated cost of $760 per person be attributed to the Conference Attendance allocation of the Alderman Allowances and Expenses function of the 2018-19 Annual Plan.

 

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.

 

N.D Heath

General Manager

 

 

Date:                            3 July 2018

File Reference:          F18/67373; 16/78

 

 

Attachment a:             The Victorian Sister Cities Forum - 18 July 2018 - Invite and Program   


Item No. 19

Agenda (Open Portion)

Council Meeting - 9/7/2018

Page 57

ATTACHMENT a

 

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Agenda (Open Portion)

Council Meeting

Page 63

 

9/7/2018

 

 

20.     Closed Portion Of The Meeting

 

RECOMMENDATION

 

That the Council resolve by absolute 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:  

 

·         Leave of Absence

 

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          Communication from the Chairman

Item No. 3          Leave of Absence

Item No. 4          Consideration of supplementary Items to the agenda

Item No. 5          Indications of pecuniary and conflicts of interest