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City of hobart

 

 

 

 

AGENDA

City Planning Committee Meeting

 

Open Portion

 

Monday, 10 September 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.

 

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 3

 

10/9/2018

 

 

ORDER OF BUSINESS

 

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  5

2.        Confirmation of Minutes. 5

3.        Consideration of Supplementary Items. 5

4.        Indications of Pecuniary and Conflicts of Interest. 5

5.        Transfer of Agenda Items. 6

6.        Planning Authority Items - Consideration of Items With Deputations. 6

7.        Committee Acting as Planning Authority. 7

7.1     Applications under the Hobart Interim Planning Scheme 2015  8

7.1.1       66 Burnett Street, North Hobart - Demolition and Associated Works. 8

7.1.2       52 Hamilton Street, West Hobart  - Multiple Dwellings (Re-Advertised – Amended Proposal) 290

7.1.3       6 / 212 Collins Street, Hobart - Partial Change of Use to Visitor Accommodation.. 355

7.1.4       30-34 Grays Road, Fern Tree, 100 Pinnacle Road, Mount Wellington - Dwelling. 388

8.        Reports. 523

8.1     Smoke-Free Areas Awareness and Compliance. 523

8.2     Delegated Decisions Report (Planning) 527

8.3     City Planning - Advertising List 531

9.        Motions of which Notice has been Given. 536

9.1     Smoke-Free Hobart 536

10.     Questions Without Notice. 538

11.     Closed Portion Of The Meeting.. 539


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 5

 

10/9/2018

 

 

City Planning Committee Meeting (Open Portion) held Monday, 10 September 2018 at 5:00 pm in the Lady Osborne Room, Town Hall.

 

COMMITTEE MEMBERS

Briscoe (Chairman)

Ruzicka

Burnet

Denison

 

ALDERMEN

Lord Mayor Christie

Deputy Lord Mayor Sexton

Zucco

Cocker

Thomas

Reynolds

Harvey

Apologies:

 

 

Leave of Absence: Nil.

 

1.       Co-Option of a Committee Member in the event of a vacancy

 

 

 

 

2.       Confirmation of Minutes

 

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 27 August 2018, are submitted for confirming as an accurate record.

 

 

 

3.       Consideration of Supplementary Items

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

Recommendation

 

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

 

 

 

4.       Indications of Pecuniary and Conflicts of Interest

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

 

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

 

5.       Transfer of Agenda Items

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

 

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

 

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

 

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

 

6.       Planning Authority Items - Consideration of Items With Deputations

 

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

 

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

 

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

 

RECOMMENDATION

 

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

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 6

 

10/9/2018

 

 

7.       Committee 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 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.

 


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 8

 

10/9/2018

 

 

7.1     Applications under the Hobart Interim Planning Scheme 2015

 

7.1.1   66 Burnett Street, North Hobart - Demolition and Associated Works

            PLN-18-474 - FILE REF: F18/101090

Address:                         66 Burnett Street, North Hobart

Proposal:                       Demolition and Associated Works

Expiry Date:                   12 September 2018

Extension of Time:       Not applicable

Author:                           Adam Smee

 

 

REcommendation

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and associated works at 66 Burnett Street, North 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 PLN­18­474 ­ 66 BURNETT STREET NORTH HOBART TAS 7000 ­ Final Planning Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

 

 

 

 

 

 

 

ENV 2

 

A soil and water management plan (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.

 

Sediment and erosion control measures, in accordance with the approved 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.

 

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 6

 

All onsite excavation and disturbance must be monitored in accordance with the Archaeological Method Statement contained within the TASARC report dated 5th June 2018. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

 

1.    All excavation and/or disturbance must stop immediately; and

 

2.    The qualified archaeologist engaged to attend the site must provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

 

3.    All and any recommendations made by the archaeologist engaged in accordance with (2) above must be complied with in full; and

 

4.    All features and/or deposits discovered must be reported to the Council with 2 days of the discovery; and

 

5.    A copy of the archaeologist’s advice, assessment and recommendations obtained in accordance with paragraph (2) above must be provided to Council within 5 days of receipt of the advice, assessment and recommendations.

 

Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

 

Reason for condition

 

To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence.

 

ENVHE s1

 

Any works that involve disturbance of land must be carried out in accordance with the 'Contamination Management Plan' developed by GES and dated December 2017 (amended March 2018).

 

Reason for condition

 

To ensure that excavation does not adversely impact on human health or the environment.

 

ENVHE 4

 

A demolition management plan must be submitted to Council and approved prior to the issuing of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The plan must include but is not limited to the following:

 

1.    Identification and disposal of any potentially contaminated waste and asbestos;

 

 

2.    Proposed hours of work (including volume and timing of heavy vehicles entering and leaving the site, and works undertaken on site);

 

3.    Identification of potentially noisy demolition phases, such as operation of rock­ breakers, explosives or pile drivers, and proposed means to minimise impact on the amenity of neighbouring buildings;

 

4.    Control of dust and emissions during working hours;

 

5.    Proposed screening of the site and vehicular access points during work; and

 

6.    Procedures for washing down vehicles, to prevent soil and debris being carried onto the street.

 

The demolition management plan must be implemented and maintained throughout the demolition works.

 

Reason for condition

 

To minimise impact from demolition works on the environment.

 

ADVICE

 

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

 

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

 

BUILDING PERMIT

 

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

 

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

 

PLUMBING PERMIT

 

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

 

NOISE REGULATIONS

 

Click here for information with respect to noise nuisances in residential areas.

 

WASTE DISPOSAL

 

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill.

 

Further information regarding waste disposal can also be found on the Council’s website.

 

FEES AND CHARGES

 

Click here for information on the Council's fees and charges.

 

DIAL BEFORE YOU DIG

 

Click here for dial before you dig information.

 

Attachment a:             PLN-18-474 - 66 BURNETT STREET NORTH HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-18-474 - 66 BURNETT STREET NORTH HOBART TAS 7000 - CPC Agenda Documents

Attachment c:            PLN-18-474 - 66 BURNETT STREET NORTH HOBART TAS 7000 - Referral Officer Report - Cultural Heritage   


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

Page 13

ATTACHMENT a

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

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ATTACHMENT b

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

Page 52

ATTACHMENT b

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

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ATTACHMENT b

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

Page 93

ATTACHMENT b

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

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ATTACHMENT b

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

Page 132

ATTACHMENT b

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

Page 169

ATTACHMENT b

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

Page 190

ATTACHMENT b

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

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ATTACHMENT b

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

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ATTACHMENT c

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 292

 

10/9/2018

 

 

7.1.2   52 Hamilton Street, West Hobart  - Multiple Dwellings (Re-Advertised – Amended Proposal)

            PLN-17-371 - FILE REF: F18/100738

Address:                         52 Hamilton Street, West Hobart

Proposal:                       Multiple Dwellings (Re-Advertised – Amended Proposal) 

Expiry Date:                   11 October 2018

Extension of Time:       Not applicable

Author:                           Richard Bacon

 

 

REcommendation

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for Multiple Dwellings (Re-Advertised – Amended Proposal) at 5Hamilton Street, 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 PLN­17­371 ­ 52 HAMILTON STREET 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 2017/00758­HCC dated 2nd May 2017 as attached to the permit.

 

 

 

Reason for condition

 

To clarify the scope of the permit.

 

ENG sw7

 

Stormwater flow maintenance/detention system for stormwater discharges from the development must be installed prior to commencement of use.

 

A stormwater management plan and design must be submitted and approved, prior to the issue of any approval under the Building Act 2016. The stormwater management plan and design must:

 

1.    Be prepared by a suitably qualified person;

 

2.    Provide detailed design of the detention tank showing the:

(i)      Layout of the inlet and outlet diameter/invert level.

 

(ii)     Details of the overflow mechanism and invert level.

 

3.    The detention tank must be sized such that there is no increase in flows from the developed site up to the 20yr ARI storm event. All assumptions must be clearly stated;

 

4.    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 in accordance with the approved design.

 

 

 

Advice:

 

•      Once the design has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

•      It is advised that documentation for condition endorsement is lodged well before a Building Permit is required, as failure to address design requirements until Building Application stage may result in unexpected delays.

 

Reason for condition

 

To avoid the possible pollution of drainage systems and natural watercourses, and to comply with relevant State legislation.

 

ENG 3a

 

The access driveway and parking module (parking spaces 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.

 

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 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 first occupation.

 

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 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 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, pre existing 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 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 infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

 

ENG s1

 

Design drawings and calculations of any proposed pumped private stormwater drainage and connection to the Council's stormwater infrastructure must be submitted and approved prior to the issue of any approval under the Building Act 2016. The design drawings and calculations must:

 

1.    Be prepared by a suitably qualified person;

 

2.    Meet the requirements of Australian Standard AS3500 (including pumped system) or Council Approved Alternative;

 

3.    Include long section(s)/levels and grades to the point of discharge; and

 

4.    Include gravity discharge (via dispersion pit) to Council's public infrastructure.

 

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

 

Advice:

 

•      The applicant is advised to submit detailed design drawings and calculations as part of their Plumbing Permit Application. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to obtain a plumbing permit for the works.

 

•      It is advised that documentation for condition endorsement is lodged well before a Building Permit is required, as failure to address design requirements until Building Application stage 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 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.

 

Any private or private shared stormwater system passing through third­party land must have sufficient receiving capacity.

 

Reason for condition

 

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

 

ENG s3

 

Design drawings and calculations of any proposed charged stormwater drainage and connection to the Council's stormwater infrastructure must be submitted and approved prior to the issue of any approval under the Building Act 2016. The design drawings and calculations must:

 

1.    Be prepared by a suitably qualified person;

 

2.    If total head is low (less than 1.8m), calculations by a qualified person, showing that the system will cope with the appropriate storm events;

 

3.    Gravity connection to Council infrastructure from an open dispersion pit within the property boundary, providing an air­break;

 

4.    The roof gutters must have a leaf protection system;

 

5.    The roof gutters or rain heads must have an overflow system. This should be of such a design to make it obvious when the system fails;

 

6.    The stormwater drain must have an access opening at its lowest point to provide a scour cleaning port. This access opening must in a pit, or in an easily accessible area that can contain the rubbish from the scouring process. The scour pit must discharge to an approved soakage pit.

 

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

 

Advice:

 

•      The applicant is advised to submit detailed design drawings and calculations as part of their Plumbing Permit Application. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to obtain a plumbing permit for the works.

 

•      It is advised that documentation for condition endorsement is lodged well before a Building Permit is required, as failure to address design requirements until Building Application stage may result in unexpected delays.

 

Reason for condition

 

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

 

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.

 

HER 17

 

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

 

Plans must be submitted and approved prior to the commencement of work. The plans must;

 

1.    Show the colour finish of all exterior cladding to satisfy the above requirement.

 

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

 

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

 

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.

 

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 PLANNING

 

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.

 

CONDITION ENDORSEMENT ENGINEERING

 

All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:

 

Value of Building Works Approved by Planning Permit Fee:

 

•      Up to $20,000: $150 per application.

 

•      Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.

 

These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.

 

Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.

 

Once confirmed, pleased call one of the City’s Customer Service Officers on 6238 2190 to make payment, quoting the reference number (ie. CEP number) of the Condition Endorsement you have lodged. Once payment is made, your engineering drawings will be assessed.

 

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.

 

NEW SERVICE CONNECTION

 

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

 

 

 

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.

 

CULTURAL HERITAGE

 

The Applicant is advised that the provision of open front yards enclosed by low boundaries is considered to be a feature of the Lansdowne Crescent/Hill Street Heritage Precinct and that any future application seeking the enclosure of the front yard by way of a fence exceeding 1.2m in height is unlikely to be given favourable consideration.

 

This application is approved on the basis of there being no carparking in the front yard. A future application proposing car parking in the front yard is unlikely to be given favourable consideration.

 

Attachment a:             PLN-17-371 - 52 HAMILTON STREET WEST HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-17-371 - 52 HAMILTON STREET WEST HOBART TAS 7000 - CPC Agenda Documents

Attachment c:            PLN-17-371 - 52 HAMILTON STREET WEST HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report   


Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

Page 303

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

Page 344

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City Planning Committee Meeting - 10/9/2018

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City Planning Committee Meeting - 10/9/2018

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City Planning Committee Meeting - 10/9/2018

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 359

 

10/9/2018

 

 

7.1.3   6 / 212 Collins Street, Hobart - Partial Change of Use to Visitor Accommodation

            PLN-18-399 - FILE REF: F18/100754

Address:                         6 / 212 Collins Street, Hobart

Proposal:                       Partial Change of Use to Visitor Accommodation

Expiry Date:                   5 October 2018

Extension of Time:       Not applicable

Author:                           Tristan Widdowson

 

 

REcommendation

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial change of use to visitor accommodation at 6/212 Collins Street, Hobart for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

 

GEN

 

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­399 ­ 6/212 COLLINS STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

 

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.

 

VISITOR ACCOMMODATION

 

No building permit is required for a change of use to visitor accommodation to dwellings or residential premises used by the owner or occupier as their main place of residence, if the home has four or less bookable rooms.

 

A change of use to visitor accommodation for strata lots will also need to comply with any additional requirements from the body corporate.

 

You should consult with your insurance provider to ensure appropriate insurance coverage.

 

More information on visitor accommodation can be found here.

 

Attachment a:             PLN-18-399 - 6/212 COLLINS STREET HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-18-399 - 6/212 COLLINS STREET HOBART TAS 7000 - CPC Agenda Documents   


Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

Page 361

ATTACHMENT a

 

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

Page 372

ATTACHMENT b

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 392

 

10/9/2018

 

 

7.1.4   30-34 Grays Road, Fern Tree, 100 Pinnacle Road, Mount Wellington - Dwelling

            PLN-17-1060 - FILE REF: F18/100701

Address:                         30-34 Grays Road, Fern Tree, 100 Pinnacle Road, Mount Wellington

Proposal:                       Dwelling

Expiry Date:                   13 November 2018

Extension of Time:       Not applicable

Author:                           Adam Smee

 

 

REcommendation

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a dwelling at 30­34 Grays Road, Fern Tree 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 PLN­17­1060 ­ 30­34 GRAYS ROAD FERN TREE TAS 7054 ­ Final Planning Documents except where modified below.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

THC

 

 

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 5662 dated 20 August 2018, as attached to the permit.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

ENG sw4

 

The new stormwater connection and culvert upgrade must be constructed at the owner’s expense, prior to the first occupation.

 

Detailed engineering drawings and associated calculations must be submitted and approved, prior to commencement of work or issue of any consent under the Building Act 2016 (whichever occurs first). The detailed engineering drawings must include:

 

1.    Show in plan and long­section the location, size, materials and embedment of the connection appropriate to satisfy the needs of the development.

 

2.    Show in both plan and long­section the proposed stormwater culvert inlet and outlet upgrade, including but not limited to, connections, in­flow structure, and scour control.

 

3.    Reflect any requirements of landlord consent and planning condition HERs1.

 

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

 

Advice:

·     Council notes the proposed upgrade of the pipe itself may conflict with HERs1, and as such may not be approved. The upgrade is not required for the proposed development with detention.

 

·     A Council City Infrastructure Division application for a new stormwater connection and Permit to Construct Public Infrastructure will be required.

 

·     Where building / plumbing approval is also required, it is recommended that documentation to satisfy this condition is submitted well before submitting documentation for building/plumbing approval. Failure to address planning condition requirements prior to submitting for building/plumbing approval may result in unexpected delays.

 

 

Reason for condition

 

 

To ensure the site is drained adequately.

 

 

ENG sw7

 

 

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

 

 

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

 

1.    Be prepared by a suitably qualified engineer;

 

2.    Include detailed design and supporting calculations of the detention tank, sized such that there is no increase in flows from the developed site up to the critical 5% AEP storm event. All assumptions must be clearly stated.

 

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

 

4.    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 ensure the development’s stormwater system takes into account limited receiving capacity of Council’s infrastructure.

 

 

ENG 2a

 

Prior to first occupation or commencement of use (whichever occurs first), 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 or the commencement of 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 the Council.

 

 

Advice:

·     If the development's building approval includes the need for a Building Permit from Council, the applicant is advised to submit detailed design of vehicular barrier as part of the Building Application. If the development's building approval is covered under Notifiable Work the applicant is advised to submit detailed design of vehicular barrier as a condition endorsement of the planning permit condition. Once the certification has been accepted, the Council will issue a 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 standard.

 

 

ENG 2c

 

 

Prior to the first occupation, 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 3b

 

 

The access driveway and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved, prior to the commencement of work.

 

 

The access driveway 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,

 

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

 

4.    Show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement.

 

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.

 

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

 

 

ENG 3c

 

 

The access driveway and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the design drawings approved by Condition ENG 3b.

 

 

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:

·     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 first occupation.

 

 

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. 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.

 

 

ENG r1

 

 

The driveway deck in particular the footing near the sealed road within the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

 

 

Detailed design drawings and structural certificates of the driveway deck and footing within the Grays Road highway reservation must be submitted and approved, prior to the commencement of work and must:

1.    Be prepared and certified by a suitable qualified person and experienced engineer.

 

2.    Detail the design and location of the footing and driveway deck.

 

3.    Detail the location of trees within the highway reservation at or near the driveway deck and if they are to be removed or retained.

 

4.    If any trees are to be removed within the highway reservation, this approval has not been granted and access must be revised to avoid any impacts on trees.

 

5.    Not undermine the stability of the highway reservation embankment.

 

6.    Not transfer additional loads onto the sealed road.

 

7.    Take into account and reference accordingly any Geotechnical findings.

 

8.    The structure certificated and drawings should note accordingly the above.

 

 

All work required by this condition must be undertaken in accordance with the approved select design drawing and structural certificates.

 

 

Advice:

 

·     The applicant is required submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

 

·     Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

 

Reason for condition

 

 

To ensure that the stability and integrity of the Council’s highway reservation is not compromised by the development.

 

 

ENGR 3

 

 

Prior to the commencement of use, the proposed driveway crossover Grays Road highway reservation must be designed and constructed in general accordance with:

 

 

·     Urban ­ TSD­R09­v1 Urban Roads Driveways and TSD R14­v1 Type KC vehicular crossing.

 

Design drawings must be submitted and approved prior to the commencement of work. 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 (ie light poles, pits) at or near the proposed driveway crossover.

 

3.    Be designed for the expected vehicle loadings.

 

4.    Show swept path templates for each car parking space (ingress and egress) in accordance with AS/NZS 2890.1 2004 (B85 design template).

5.    If the design deviates from the requirements of the TSD then the drawings must demonstrate that a B85 vehicle (AS/NZS 2890.1 2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the cars underside.

 

6.    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 drawings.

 

 

Advice:

 

·     The applicant is required submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

 

·     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 15

 

 

All construction vehicles and machinery must be effectively cleaned of soil both before entering and before leaving the property.

 

 

Soil cleaned from construction vehicles and machinery must not be allowed, either directly or indirectly, to enter waterways or the Council’s stomwater system.

 

 

Note: further information on effective measures for washdown can be found here.

 

 

Reason for condition

 

 

To minimise the spread of weeds and pathogens.

 

 

ENV 16

 

 

No soil is to be imported onto the site unless determined as being free of weed propagules when tested in accordance with AS 4419 Soils for Landscaping and Garden Use.

 

 

Reason for condition

 

 

To minimise the spread of weeds.

 

 

ENV 1

 

 

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or re­vegetated.

 

 

Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

 

 

Reason for condition

 

 

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

 

 

 

 

 

 

 

 

HER s1

 

 

A further design for the proposed stormwater infrastructure within the Pipeline Track site is required. The design must be visually recessive and not try to replicate the historic stone features of the Hobart Mountain Water Supply System. Every effort must be made to explore options to find a solution that has the least impact on existing historic pipeline infrastructure, surrounding vegetation and the landscape qualities of the pipeline track while retaining existing infrastructure.

 

 

Prior to the issue of any approval under the Building Act 2016 revised plans must be submitted and approved.

 

 

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

 

 

Reason for condition

 

 

To ensure that demolition and new development does not result in the loss of historic cultural heritage values of the historic Pipeline Track and Pipeline Track Cultural Landscape Precinct.

 

 

 

OPS s2

 

 

An Environmental Management and Communications Plan must be submitted and approved by the Council's Director of Parks and City Amenity and Senior Cultural Heritage Officer, prior to commencement of work on the upgrade to the stormwater infrastructure in the Pipeline Track. The Plan must be in the format of the Council template Environmental Management Guidelines and Construction Management Plan for private works in a Council reserve. Please contact the City's Senior Parks Planner (6238 2887 or coh@hobartcity.com.au) to access this template.

 

 

All work required by this condition must be undertaken in accordance with the approved Environmental Management and Communications Plan.

 

 

Advice: Once the Environmental Management and Communications 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 minimise impact from construction works on the environment and infrastructure.

 

 

ADVICE

 

 

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

 

 

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

 

 

BUILDING PERMIT

 

 

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

 

 

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

 

 

 

 

 

PLUMBING PERMIT

 

 

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

 

 

OCCUPATION OF THE PUBLIC HIGHWAY

 

 

You may require a permit for the occupation of the public highway for construction (e.g. placement of skip bin, crane, etc). 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.

 

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.

 

 

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.

 

 

COUNCIL RESERVES

 

 

This permit does not authorise any works (other than stormwater infrastructure upgrade in accordance with the above condition) on the adjoining Council land. Any act that causes, or is likely to cause damage to Council’s land may be in breach of the Council’s Parks, Recreation and Natural Areas Bylaw and penalties may apply. The by law is available here.

 

 

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.

 

Attachment a:             PLN-17-1060 - 30-34 GRAYS ROAD FERN TREE TAS 7054 - Planning Committee or Delegated Report

Attachment b:             PLN-17-1060 - 30-34 GRAYS ROAD FERN TREE TAS 7054 - CPC Agenda Documents

Attachment c:            PLN-17-1060 - 30-34 GRAYS ROAD FERN TREE TAS 7054 - Referral Officer Report - Cultural Heritage   


Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 10/9/2018

Page 408

ATTACHMENT a

 

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Item No. 7.1.4

Agenda (Open Portion)

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Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 530

 

10/9/2018

 

 

8.       Reports

 

8.1    Smoke-Free Areas Awareness and Compliance

          File Ref: F18/92380; 16/237

Memorandum of the Manager Environmental Health, the Manager Development Compliance and the Director City Planning of 4 September 2018.

Delegation:     Committee


Item No. 8.1

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Memorandum: City Planning Committee

 

 

Smoke-Free Areas Awareness and Compliance

 

 

The following information is provided as an update on the awareness and compliance of smoke free areas within the City of Hobart.

 

Background

Smoke-free areas have been declared in and around the Hobart central business district since 2012. Smoke-free laws aim to protect the health of non-smokers, de-normalise smoking, and support smokers by making it easier to quit. New laws in 2017 also declared the use of e-cigarettes and herbal cigarettes as a form of smoking.

The City of Hobart awareness and compliance program is designed to enable proactive risk minimisation within available resources. This report describes how the City Planning Division is using a collaborative approach to achieve the expectations of the Public Health Act 1997.

Locations

Council declared areas, pedestrian and bus malls and occupation licence areas are the focus of the program. These areas are Mathers Lane and Collins Court, Salamanca Square, Kennedy Lane and Woobys Lane, Elizabeth Mall, Soundys Lane and Wellington Court, Franklin Square Bus Mall and Elizabeth Street Bus Mall, and council owned car parks.

Occupation licences are issued to all businesses with outdoor dining on council land and smoking is not permitted in these areas at any time. Council also has an interest in areas where significant numbers of children may be exposed to second hand smoke, such as the North Hobart Skate Park.


Awareness Program

Regular presence

Since January 2018, monthly awareness sessions have been held in declared areas. Environmental Health Officers, nominated Officers under the Act, set up smoke-free area promotional materials and spend time in the areas speaking to smokers and answering any questions raised by the public. The officers generally provide advice about the locations of all declared areas, undeclared areas, penalties for smoking, and handing out materials such as no smoking stickers and Quit Tasmania brochures. Where possible, Officers from the Department of Health’s Tobacco Control Unit also attend these sessions to provide support to the program.

Complaint response

When a complaint is received from a member of the public, the location is reviewed at the next available opportunity in order to assess signage, litter volumes, accessibility of the nearest cigarette butt bins, and to undertake follow up of individuals where possible. Certain locations become problematic at times, and regular offenders are sometime identifiable by their work uniforms and follow up can be undertaken with specific companies, departments or businesses. Through their notifications, the public help to guide the planning for the program to ensure problematic areas are prioritised.

Security guards employed to monitor areas which also happen to be smoke-free provide excellent support to the program by educating and advising people using these areas. Tasmania Police are nominated Officers under the Act and have provided Council with assistance at times with respect to ongoing breaches in certain areas. Tasmania Police advise that they rarely issue infringement to smokers as situations seldom get to that stage with any individual. The due process for enforcement includes the requirement for an officer to substantiate a breach and issue a warning, prior to substantiating a second breach at which time an infringement may be issued. Infringements cannot be issued to minors.

Where concerns are raised with smoking in occupation licence areas, the City Inspector undertakes follow up with specific business proprietors to address issues and to reinforce the requirements of the licence.

Communications

Council Officers liaise with the Department of Health Tobacco Control Unit regularly to discuss compliance matters and complete projects such as a recent review of nightclub smoking areas. Quit Tasmania is also aware of the program and has provided quit smoking materials for officers to hand out as opportunities arise. It is hoped in future that staff of Quit Tasmania may be in a position to have a presence at future awareness sessions.


Facebook and Twitter are used to promote and support activities on awareness days. City news is used for promotional articles, and Council’s website contains specific advice about Council’s smoke-free areas and more general advice about other areas declared smoke-free by the State Government, such as playgrounds, public swimming pools and sports venues.

Holders of occupation licences are reminded annually about their responsibilities to ensure these areas remain smoke-free.

 

REcommendation

That the information contained in the memorandum titled ‘Smoke-Free Areas Awareness and Compliance’ of 4 September 2018 be received and noted.

 

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.

 

Felicity Edwards

Felicity Edwards

Manager Environmental Health

Kirsten Turner Signature

Kirsten Turner

Manager Development Compliance

Neil Noye Signature

Neil Noye

Director City Planning

 

 

Date:                            4 September 2018

File Reference:          F18/92380; 16/237

 

 

  


Item No. 8.2

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Page 534

 

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8.2    Delegated Decisions Report (Planning)

          File Ref: F18/100863

Memorandum of the Director City Planning of 5 September 2018 and attachments.

Delegation:     Committee


Item No. 8.2

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Memorandum: City Planning Committee

 

Delegated Decisions Report (Planning)

 

Attached is the delegated planning decisions report for the period 18 August 2018 until 2 September 2018.

 

REcommendation

That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 5 September 2018 be received and noted.

 

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

 

 

Date:                            5 September 2018

File Reference:          F18/100863

 

 

Attachment a:             Delegated Decisions Report (Planning)   


Item No. 8.2

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ATTACHMENT a

 

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8.3    City Planning - Advertising List

          File Ref: F18/100902

Memorandum of the Director City Planning of 4 September 2018 and attachment.

Delegation:     Committee


Item No. 8.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 539

 

10/9/2018

 

 

 

 

Memorandum: City Planning Committee

 

City Planning - Advertising List

 

Attached is the advertising list for the period 20 August 2018 – 31 August 2018.

 

REcommendation

That the information contained in the memorandum titled ‘City Planning – Advertising List’ of 4 September 2018 be received and noted.

 

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

 

 

Date:                            4 September 2018

File Reference:          F18/100902

 

 

Attachment a:             City Planning - Advertising List   


Item No. 8.3

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City Planning Committee Meeting - 10/9/2018

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ATTACHMENT a

 

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Item No. 9.1

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City Planning Committee Meeting

Page 545

 

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9.       Motions of which Notice has been Given

 

9.1      Smoke-Free Hobart

            File Ref: F18/99192; 13-1-9

Alderman Helen Burnet

Motion:

“In an effort to reduce the impacts from tobacco smoking, on both human health and the environment from cigarette butt litter, a report be prepared to: 

 

1)    Identify more areas of Hobart suitable to become smoke-free, such as Franklin Square,  the city’s beaches and CBD streets;

 

2)    Determine ways to measure whether already designated non-smoking areas actually are smoke-free (these include occupation licensed drinking and dining areas, playgrounds, 3 metres from doorways and designated smoke-free streets);

 

3)    Work with the state government to improve effectiveness of audit, enforcement and policy for harm minimisation from tobacco smoking.”

 

 

Rationale:

 

“Smoking rates in Tasmania are higher than any other state, are not decreasing as they are in all other states and territories. Smoking-related disease causes many hospitalisations and over 500 deaths in Tasmania each year. (Australian Institute of Health and Welfare report 2018).

 

In Australia, cigarette butts are consistently the most littered item identified in national clean-up campaigns. Around seven billion butts become litter in Australia every year. Filters are harmful to the environment, as they contain plastic and are not bio-degradable.” (Barnsley K, Walters H, The Conversation, October 2017).

 

Both human and environmental impacts of smoking and cigarette butt litter have serious implications for our city. Not only are there reports of poor health outcomes, but there is also a negative effect on amenity of our city streets, parks, storm water and waterways from cigarette butts remaining in the environment, leaching toxins.

In 2010, the City of Hobart introduced various smoke-free areas and as a condition of outdoor dining occupation licenses. Whilst some areas are really effective and generally remain smoke-free, anecdotally there are still many breaches of smoking in other parts of the city.

 

This motion calls for a further expansion in smoke-free areas, to de-normalise smoking in Hobart, with the ultimate aim of reducing harm to human and environmental health.”

 

 

The General Manager reports:

 

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

 

 

    


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 546

 

10/9/2018

 

 

10.     Questions Without Notice

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.

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 547

 

10/9/2018

 

 

11.     Closed Portion Of The Meeting

 

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:  

 

·         Confirmation of the closed minutes;

·         Questions without notice in the closed portion.

 

The following items were discussed: -

 

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          Questions Without Notice