City
of hobart
AGENDA
City Planning Committee Meeting
Open Portion
Monday, 16 July 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:
about people |
We value people – our community, our customers and colleagues. |
professional |
We take pride in our work. |
enterprising |
We look for ways to create value. |
responsive |
We’re accessible and focused on service. |
inclusive |
We respect diversity in people and ideas. |
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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16/7/2018 |
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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
7.1.1 6 Broughton Avenue, Mount Nelson - Multiple Dwellings
7.1.2 90 Liverpool Crescent and Adjacent Road Reserve West Hobart
8.1 Urban Design Advisory Panel
8.2 Monthly Building Statistics - 1 June 2018 to 30 June 2018
8.3 Delegated Decisions Report (Planning)
8.4 City Planning - Advertising Report
9. Responses To Questions Without Notice
9.1 Dark Mofo Inverted Crosses Installation
9.2 Short Term Accommodation Compliance Issues
9.3 Factual Content of Deputations
9.4 Mandating of Factual Content of Deputations
11. Closed Portion Of The Meeting
City Planning Committee Meeting (Open Portion) held Monday, 16 July 2018 at 5:00 pm in the Lady Osborne Room, Town Hall.
COMMITTEE MEMBERS Briscoe (Chairman) Ruzicka Burnet Denison
ALDERMEN Lord Mayor Christie Deputy Lord Mayor Sexton Zucco Cocker Thomas Reynolds Harvey |
Apologies:
Leave of Absence: Denison
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The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 25 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.
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 |
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16/7/2018 |
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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.
Agenda (Open Portion) City Planning Committee Meeting |
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16/7/2018 |
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7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.1 6 Broughton Avenue, Mount Nelson - Multiple Dwellings
Address: 6 Broughton Avenue, Mount Nelson
Proposal: Multiple Dwellings
Expiry Date: 23 July 2018
Extension of Time: Not applicable
Author: Michaela Nolan
REcommendation That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for multiple dwellings at 6 and 8 Broughton Avenue, Mount Nelson 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 PLN18178 6 BROUGHTON AVENUE & 8 BROUGHTON AVENUE MOUNT NELSON TAS 7007 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 2018/00520HCC dated 12 April 2018 as attached to the permit.
Reason for condition
To clarify the scope of the permit.
ENG sw1
All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure with sufficient receiving capacity prior to first occupation.
Reason for condition
To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
ENG sw4
The existing stormwater connection (6 Broughton Avenue) for the proposed multiple dwellings must be inspected and if necessary upgraded to a DN150 connection (or alternative Council approved design) at the developer's cost, prior to the first occupation.
The existing redundant stormwater connection (8 Broughton Avenue) must be abandoned and sealed by Council at the developer's cost, prior to the first occupation.
Reason for condition
To ensure the site is drained adequately once the titles are consolidated.
ENG 2a
Prior to first occupation, 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 3a
The access driveway 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).
Advice: · It is advised that designers consider the detailed design of the 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.
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 first occupation, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with Australian Standard AS/NZS2890.1:2004
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
Prior to first occupation:
1. The permeable pavement of the access driveway (within the property) and manoeuvring area approved by this permit must be constructed in accordance with the Manufacturer's recommendations (System B: Partial Filtration or System C: No Filtration) for the site soil subgrade permeability and drained to the Council's stormwater infrastructure; and
2. Documentation must be submitted to Council by a suitably qualified engineer certifying that the permeable pavement has been constructed in accordance with the Manufacturer's recommendations.
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).
· The Permeable pavement must only be constructed within the property. The access within the highway reservation must be constructed in accordance with the Tasmanian Standard Drawings and/or Council City Infrastructure requirements.
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 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 first occupation, the three (3) proposed driveway crossovers in the Broughton Avenue highway reservation must be designed and constructed in generally accordance with:
1. Rural – TSDR04v1 – Rural Roads Typical Driveway Profile and TSD R03v1 Rural Roads Typical Property Access, and
2. Footpath Urban Roads Footpaths TSDR11v1; or
3. To the satisfaction of Council City Infrastructure Division.
Design drawings must be submitted and approved prior to any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first). The design drawing must:
1. Show the cross and long section 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 a design that will adequately accommodate the expected vehicle loadings. A structural certificate must be included and note that driveway is suitable for heavy vehicle loadings.
4. Show swept path templates in accordance with AS/NZS 2890.1 2004(B85 or B99 depending on use, design template), where required.
5. If the design deviates from the requirements of the TSD, then demonstrate that a B85 vehicle or B99 depending on use (AS/NZS2890.1 2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the vehicle's underside.
6. Show that vehicular and pedestrian sight lines are met as per AS/NZS2890.1 2004, or that sight distances are to the Council's satisfaction.
7. Be prepared and certified by a suitable qualified person.
All work required by this condition must be undertaken in accordance with the approved drawings.
Advice: · Once the approved drawings have been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
· 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 batter slopes to the side of the access crossover that do not comply with the TSD.
· 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.
Reason for condition
To ensure that works will comply with the Council’s standard requirements.
ENV 2
Sediment and erosion control measures, 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.
ENV s1
An approved Construction Tree Protection Plan must be implemented.
A Construction Tree Protection Plan must be submitted and approved, prior to the commencement of works or the granting of approval under the Building Act 2016 (whichever occurs first).
The Construction Tree Protection Plan must:
1. Be prepared by a suitably qualified person;
2. Be generally in accordance with the recommendations in the letter from Alister Hodgman dated 24 January 2018;
3. Show the tree protection zones (TPZs) where works are to be excluded for the trees specified for retention in the Tree Retention Plan included in Part 5 Agreement E72102, except that the incorrectly identified tree noted in the letter from North Barker dated 30 January 2018 should be corrected;
4. Specify fencing requirements for the tree protection zones to delineate areas where works are to be excluded;
5. Show the location and extent of earthworks, underground services building footprints and any other works or development are to be carried out;
6. Show the area where no filling is to occur and permeable surfacing must be used under tree 4 shown on Site Plan 01;
7. Show the area where subsurface irrigation is to be installed and where mulch is to be applied under trees 1 and 2 shown on Site Plan 01;
8. Include details of the subsurface irrigation and mulching requirements for trees 1 and 2 shown on Site Plan 01; and
9. Specify the irrigation regime to be implemented during construction works.
All work required by this condition must be undertaken in accordance with the approved Construction Tree Protection Plan.
Advice: Once the Construction Tree Protection 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 the development does not result in unnecessary or unacceptable loss of priority biodiversity values.
ENV s2
The Tree Retention Plan referred to in Part 5 Agreement E72102 must be amended.
An amended Tree Retention Plan must be submitted and approved prior to the granting of any approval under the Building Act 2016. The amended Tree Retention Plan must:
1. Correct the location of the significant tree referred to in the letter from North Barker dated 30 January 2018; and
2. Provide details of ongoing subsurface irrigation and mulching requirements for trees 1 and 2 shown on Site Plan 01 (and marked as trees 3 and 5 in the Tree Retention Plan) as recommended in the letter from Alister Hodgman dated 24 January 2018.
Reason for condition
To ensure the development does not result in unnecessary or unacceptable loss of priority biodiversity values.
ENV s3
Part 5 Agreement E72102 must be amended prior to the issue of any approval under the Building Act 2016.
The Agreement must be amended as follows:
1. The Tree Retention Plan attached to the existing Agreement must be replaced with the amended Tree Retention Plan; and
2. The Agreement must require the owners of the lots to implement the requirements of the Bushfire Report and Bushfire Hazard Management Plan dated 26 April 2018 rather than the requirements of the Bushfire Report and Bushfire Hazard Management Plan dated 24 August 2016 upon substantial commencement of the development approved by this permit.
Reason for condition
To ensure the development does not result in unnecessary or unacceptable loss of priority biodiversity values
SUB s1
The titles comprising the development site (CT 174615/2 and CT 174615/3) are to be adhered in accordance with the provisions of section 110 of the Local Government (Building and Miscellaneous Provisions) Act 1993, to the satisfaction of the Council prior to the issue of any building consent, building permit (including demolition) and / or plumbing permit pursuant to the Building Act 2016 (if applicable), or the commencement of works on site (whichever occurs first).
Advice: The application for an adhesion order to the Council has a fee of $220. Evidence will be required that the owners and mortgagees do not object to the adhesion and the condition is considered completed when a copy of the engrossed receipt of the Land Titles Office lodgement slip for the adhesion order has been received by the Council.
Reason for condition
To ensure compliance with statutory provisions.
ADVICE
The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
CONDITION ENDORSEMENT
If a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services eplanning
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.
BUILDING PERMIT
You may need building approval in accordance with the Building Act 2016. Click here for more information.
This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.
PLUMBING PERMIT
You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.
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.
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.
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.
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.
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Attachment a: PLN-18-178 - 6 BROUGHTON AVENUE MOUNT NELSON TAS 7007 - Planning Committee or Delegated Report ⇩
Attachment b: PLN-18-178 - 6 BROUGHTON AVENUE & 8 BROUGHTON AVENUE MOUNT NELSON TAS 7007 - CPC Agenda Documents ⇩
Attachment c: PLN-18-178 - 6 BROUGHTON AVENUE MOUNT NELSON TAS 7007 - Planning Referral Officer Environmental Development Planner Report ⇩
Item No. 7.1.1 |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
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Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
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Item No. 7.1.1 |
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Item No. 7.1.1 |
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Item No. 7.1.1 |
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Item No. 7.1.1 |
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7.1.2 90 Liverpool Crescent and Adjacent Road Reserve West Hobart
Address: 90 Liverpool Crescent and Adjacent Road Reserve West Hobart
Proposal: Dwelling
Expiry Date: 26 July 2018
Extension of Time: Not applicable
Author: Liz Wilson
REcommendation That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a dwelling at 90 Liverpool Crescent and Adjacent Road Reserve West Hobart for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:
GEN
The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN18131 90 LIVERPOOL CRESCENT AND ADJACENT ROAD RESERVE WEST HOBART TAS 7000 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 2018/00359HCC dated 15 March 2018 as attached to the permit.
Reason for condition
To clarify the scope of the permit.
ENG sw3
The proposed works (including cut and driveway) must be designed to ensure the longterm protection of and access to the Council’s stormwater infrastructure.
Detailed engineering design must be submitted and approved prior to issue of any consent under the Building Act 2016 or commencement of works (whichever occurs first).
The detailed design must:
1. Demonstrate how the design will provide adequate access and support to the pipe and impose no excessive loads onto the pipe.
2. Include crosssections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works.
3. Include a longsection of 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. 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 that permission for works, including cut, within one metre of Council infrastructure is required under s13 of the Urban Drainage Act 2013 and s73 of the Building Act 2016.
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 sw6
All stormwater from the proposed development must be discharged safely to the Council’s stormwater infrastructure prior to occupation. All costs associated with works required by this condition are to be met by the owner.
Additional stormwater surface drainage infrastructure (eg trench grates) outside the property boundary is not approved.
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).
A single connection is allowed for the Lot under the Urban Drainage Act 2013.
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 3a
The access driveway and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the Gandy and Roberts Consulting Engineers design drawing, 18.0072C002 Rev. 1 received by the Council on the 20th April 2018.
Prior to the first occupation, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above drawings must be lodged with Council.
Advice
Special consideration may be required when selecting the appropriate garage door width and configuration for this development given the access constraints.
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 10
The approved driveway design must be signed by a suitably qualified engineer, certifying the driveway / parking area / manoeuvring area / access has been constructed in accordance with the approved driveway design, must be lodged with the Council prior to the issuing of any Completion or Occupancy Certificate under the Building Act 2016.
Reason for condition
To ensure the safety of users of the access / parking / highway reservation / adjacent properties.
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 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.
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
As a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services eplanning
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.
BUILDING PERMIT
You may need building approval in accordance with the Building Act 2016. Click here for more information.
This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.
PLUMBING PERMIT
You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.
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 may require a road closure permit for construction. Click here for more information.
You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.
WORKS WITHIN ONE METRE OF STORMWATER
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.
DRIVEWAY SURFACING OVER HIGHWAY RESERVATION
If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.
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.
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.
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Attachment a: PLN-18-131 - 90 LIVERPOOL CRESCENT WEST HOBART TAS 7000 - Planning Committee or Delegated Report ⇩
Attachment b: PLN-18-131 - 90 LIVERPOOL CRESCENT & ADJACENT ROAD RESERVE WEST HOBART TAS 7000 - CPC Agenda Documents - ⇩
Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
Page 184 ATTACHMENT a |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
Page 210 ATTACHMENT b |
Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
Page 214 ATTACHMENT b |
Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
Page 218 ATTACHMENT b |
Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
Page 230 ATTACHMENT b |
Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
Page 231 ATTACHMENT b |
Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
Page 233 ATTACHMENT b |
Agenda (Open Portion) City Planning Committee Meeting |
Page 242 |
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16/7/2018 |
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8 Reports
8.1 Urban Design Advisory Panel
Report of the Director City Planning of 10 July 2018 and attachments.
Delegation: Committee
Item No. 8.1 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 243 |
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16/7/2018 |
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Memorandum: City Planning Committee
Urban Design Advisory Panel
The Council at its meeting of 22 January 2018, resolved to extend to the Urban Design Advisory Panel an invitation, at an appropriate time, to attend a future City Planning Committee meeting for the purpose of informing the Committee about the role and function of the Panel.
With the recent appointment of the new Chairperson, and member with expertise in both planning and urban design, the Panel has been invited to attend the committee meeting scheduled for 16 July 2018. Attached is a copy of the Terms of Reference for the Committee as background information to the Panel’s attendance.
That the information 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.
Neil Noye Director City Planning |
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Date: 10 July 2018
File Reference: F18/78331
Attachment a: Urban Design Advisory Panel Terms of Reference ⇩
Item No. 8.1 |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
Page 245 ATTACHMENT a |
Agenda (Open Portion) City Planning Committee Meeting |
Page 248 |
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16/7/2018 |
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8.2 Monthly Building Statistics - 1 June 2018 to 30 June 2018
Report of the Director City Planning of 10 July 2018 and attachments.
Delegation: Council
Item No. 8.2 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 250 |
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16/7/2018 |
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Memorandum: City Planning Committee
Monthly Building Statistics - 1 June 2018 to 30 June 2018
Attached is the Monthly Building Statistics for the period 1 June 2018 to 30 June 2018.
That the information be received and noted:
A. 1. During the period 1 June 2018 to 30 June 2018, 41 permits were issued to the value of $7,618,197 which included:
(i) 25 for Extensions/Alterations to Dwellings to the value of $2,972,792;
(ii) 7 New Dwellings to the value of $3,287,200; and
(iii) Nil Major Projects.
2. During the period 1 June 2017 to 30 June 2017, 44 permits were issued to the value of $19,698,052 which included:
(i) 11 Extensions/Alterations to Dwellings to the value of $11,515,377
(ii) 14 New Dwellings to the value of $4,560,675; and
(iii) 3 Major Projects:
· 85-99 Collins Street (Stage 2) - Alterations and Additions - $10,000,000;
· 258 Macquarie Street – Alterations and Additions - $1,647,000;
· 157 Elizabeth Street (Stage 6) – Change of Use and Alterations to Levels 2 and 3 - $2,100,000.
B. 1. In the twelve months ending June 2018, 692 permits were issued to the value of $479,102,446; and
2. In the twelve months ending June 2017, 684 permits were issued to the value of $203,671,582.
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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.
Neil Noye Director City Planning |
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Date: 10 July 2018
File Reference: F18/75932
Attachment a: Building Permits Issued (Accumulative Monthly Totals) 5 Year Comparison ⇩
Attachment b: Building Permits Value (Accumulative Monthy Totals) 5 Year Comparison ⇩
Item No. 8.2 |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
Page 251 ATTACHMENT a |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
Page 252 ATTACHMENT b |
Agenda (Open Portion) City Planning Committee Meeting |
Page 253 |
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16/7/2018 |
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8.3 Delegated Decisions Report (Planning)
Report of the Director City Planning of 10 July 2018 and attachments.
Delegation: Committee
Item No. 8.3 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 254 |
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16/7/2018 |
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Memorandum: City Planning Committee
Delegated Decisions Report (Planning)
Attached is the delegated planning decisions report for the period 18 June 2018 until 6 July 2018.
That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 10 July 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.
Neil Noye Director City Planning |
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Date: 10 July 2018
File Reference: F18/77487
Attachment a: Delegated Decisions Report (Planning) ⇩
Item No. 8.3 |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
Page 256 ATTACHMENT a |
Agenda (Open Portion) City Planning Committee Meeting |
Page 258 |
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16/7/2018 |
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8.4 City Planning - Advertising Report
Report of the Director City Planning of 10 July 2018 and attachments.
Delegation: Committee
Item No. 8.4 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 259 |
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16/7/2018 |
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Memorandum: City Planning Committee
City Planning - Advertising Report
Attached is the advertising list for the period 18 June 2018 – 6 July 2018.
That the information contained in the memorandum titled ‘City Planning – Advertising Report’ of 10 July 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.
Neil Noye Director City Planning |
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Date: 10 July 2018
File Reference: F18/77949
Attachment a: City Planning - Advertising Report ⇩
Item No. 8.4 |
Agenda (Open Portion) City Planning Committee Meeting - 16/7/2018 |
Page 261 ATTACHMENT a |
Agenda (Open Portion) City Planning Committee Meeting |
Page 265 |
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16/7/2018 |
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Regulation 29(3) Local Government
(Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
The General Manager reports:-
“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.
The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”
9.1 Dark Mofo Inverted Crosses Installation
File Ref: F18/70837; 13-1-10
Report of the General Manager of 16 July 2018.
9.2 Short Term Accommodation Compliance Issues
File Ref: F18/34144; 13-1-10
Report of the Director City Planning of 16 July 2018.
9.3 Factual Content of Deputations
File Ref: F18/76056; 13-1-10
Report of the Director City Planning of 16 July 2018.
9.4 Mandating of Factual Content of Deputations
File Ref: F18/76071; 13-1-10
Report of the Director City Planning of 16 July 2018.
Delegation: Committee
That the information be received and noted.
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Item No. 9.1 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 267 |
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16/7/2018 |
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Memorandum: Lord Mayor
Deputy Lord Mayor
Aldermen
Response to Question Without Notice
Dark Mofo Inverted Crosses Installation
Meeting: City Planning Committee
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Meeting date: 12 June 2018
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Raised by: Alderman Denison |
Question:
Could the Director please advise if the appropriate process was followed in relation to erecting the inverted cross, of which is located within the parameters of Council land on the Mawson Place concourse as part of the Dark Mofo festival?
Response:
With respect to the Dark Mofo crosses, the hardstand concourse area located between the Waterside Pavilion and the property occupied by the “Marine Board Building” is available for hire and can be utilised as an adjunct to the Pavilion, or as a stand-alone space (the fees and charges for 2017-2018 lists charges for the “Concourse”).
The space has been utilised for a variety of functions in the more recent past, including car-shows, public event launches, an outdoor restaurant and entertainment space and as an additional break-out activity supplementing activities in the Pavilion building.
The following summary indicated the key dates and check-list for handling the application by Dark Mofo to use the concourse for “The Crosses” project:
30/4/2018 Email approach from Dark Mofo confirming discussions with Council officers regarding the use of the concourse adjacent to the Waterside Pavilion for the installation of a large cross as part of Dark Mofo 2018.
30/5/2018 Council officers assess the request entailing the review of documentation provided by Dark Mofo including the engineering design plans for the structure (which had already been signed off by TasPorts for an identical structure on its own land). Council officers received and addressed traffic and safety and work health and safety management plans around the installation, management and removal of the structure.
1/6/2018 Subsequent to review and inspection of the documents provided, officers proceeded to notify Dark Mofo of the approval for hire of the concourse. Given the range of elements involved with the hire, Council officers prepared a Licence Agreement including all generic terms and conditions, together with additional conditions considered relevant to cover the intended use of the space. The Licence Agreement has been signed by Dark Mofo and the City of Hobart.
The hire cost for the concourse of $800 is attributed to the grant to Dark Mofo.
8/6/2018 Temporary Occupancy Permit issued by Holdfast Building Surveyors for the erection of the inverted crosses.
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 |
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Date: 10 July 2018
File Reference: F18/70837; 13-1-10
Item No. 9.2 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 269 |
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16/7/2018 |
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Memorandum: Lord Mayor
Deputy Lord Mayor
Aldermen
Response to Question Without Notice
Short Term Accommodation Compliance Issues
Meeting: City Planning Committee
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Meeting date: 16 April 2018
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Raised by: Alderman Cocker |
Question:
With the apparent discrepancy between the number of planning permits being issued for short term accommodation within the City of Hobart and the significant increase of properties on sharing sites such as Airbnb and Stayz, could the Director please advise if officer investigation could be undertaken to establish compliance with required planning consent?
Response:
While an officer investigation could be undertaken there are several challenges with achieving an effective outcome given the following matters.
Firstly, the exact number of properties located within the Hobart municipality listed with AirBnB and Stayz is unknown. There are a number of reasons for this. The primary reason is that many properties do not identify the property address and may be listed as being located in Hobart when it is fact not located in the Hobart Municipal Area but in a surrounding suburb
Secondly, the head of public policy for Australia and New Zealand AirBnB has cautioned against the use of data collected from the AirBnB website indicating the data is not reliable. He cites for example, an owner who lists their primary place of residence may advertise the property on the site but block all nights on the listing calendar with the exception of a week or two where the owner is on vacation or temporarily absent. The data collection does not differentiate between booked nights and blocked nights resulting in the total number of nights booked being considerably over counted. A property which is only let while the owner or occupier is on vacation or temporarily absent is exempt from the need for a planning permit.
An audit of AirBnB listings was undertaken by the Compliance unit in 2015. It identified 302 properties in Hobart. Subsequent investigations determined the properties fell in 1 of 4 categories:
(a) The address of the property was unable to be identified;
(b) The property had or subsequently obtained a permit;
(c) The property ceased operation after the commencement of compliance action; or
(d) The property was exempt from the requirement for approval.
All complaints received by Council regarding the use of a property for the use of visitor accommodation is investigated and actioned in accordance with Council’s statutory obligation under the Land Use Planning and Approvals Act 1993. Complaints provide a useful starting point for investigations including specific details of the property and evidence of use. The absence of this information results in the use of limited resources in time consuming and often futile searching to identify properties, their address and find collaborative evidence of use.
It is understood that the State Government has entered into agreement with AirBnB to share data from their site. I therefore propose to write to the relevant State Government department to seek access to this data which may provide a more accurate and effective means of undertaking a compliance audit.
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.
Neil Noye Director City Planning |
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Date: 11 July 2018
File Reference: F18/34144; 13-1-10
Item No. 9.3 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 271 |
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16/7/2018 |
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Memorandum: Lord Mayor
Deputy Lord Mayor
Aldermen
Response to Question Without Notice
Factual Content of Deputations
Meeting: City Planning Committee
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Meeting date: 25 June 2018
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Raised by: Alderman Burnet |
Question:
When lodging development applications or interacting with the website, there is an obligation to provide truthful information. Could the Director please advise what is the obligation in relation to developers and applicants providing deputations to Council committees?
Response:
There is no legislative or legal obligation for developers and applicants to provide truthful information when providing deputations to Council committees.
Under the Land Use Planning and Approvals Act 1993 an application must ensure all application material is true and correct. Under section 65G of the Act, the planning authority has the power to cancel a permit if it reasonably believes (a) the permit would not have been granted; or (b) different conditions to the conditions, if any, it imposed on the permit would have been imposed if the applicant had not made a material misstatement of fact, or concealed material facts, in relation to the application for the permit.
A deputation from an applicant should primarily seek to clarify the application material and preferably respond to any relevant planning concerns of representors.
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.
Neil Noye Director City Planning |
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Date: 11 July 2018
File Reference: F18/76056; 13-1-10
Item No. 9.4 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 273 |
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16/7/2018 |
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Memorandum: Lord Mayor
Deputy Lord Mayor
Aldermen
Response to Question Without Notice
Mandating of Factual Content of Deputations
Meeting: City Planning Committee
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Meeting date: 25 June 2018
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Raised by: Alderman Burnet |
Question:
If there is no obligation in relation to developers and applicants providing deputations to Council committees, could the Director please advise if the Council can mandate this obligation to be truthful?
Response:
Council has no power to mandate an obligation for developers and applicants to provide truthful information when providing deputations to Council committees. The chairperson accepting the deputation could impose a condition under regulation 38(2)(a) that only truthful information be provided however such a requirement would be of little utility as there is no means to (a) determine if the requirement has been complied with and (b) no implications for a developer or applicant in the event the requirement was breached.
As noted previously, the planning authority has the power to cancel a permit if an applicant makes a material misstatement of fact, or concealed material facts, in relation to the application for the permit.
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.
Neil Noye Director City Planning |
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Date: 11 July 2018
File Reference: F18/76071; 13-1-10
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Agenda (Open Portion) City Planning Committee Meeting |
Page 274 |
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16/7/2018 |
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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 275 |
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16/7/2018 |
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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 Planning Authority Items – Consideration of Items with Deputations Item No. 5 City Acting as Planning Authority Item No. 6 Responses to Questions Without Notice Item No. 6.1 19 Elphinstone Road, Mount Stuart LG(MP)R 15(2)(i) Item No. 7 Questions without notice
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