City
of hobart
AGENDA
City Planning Committee Meeting
Open Portion
Monday, 24 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. |
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Agenda (Open Portion) City Planning Committee Meeting |
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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 PLN-18-322 - 391 Sandy Bay Road, Sandy Bay - Alterations (Re-Roofing)
8.1 Monthly Building Statistics - 1 August 2018 - 31 August 2018
8.2 Delegated Decisions Report (Planning)
8.3 City Planning - Advertising List
9. Motions of which Notice has been Given
9.1 Affordable Housing in Developments and Precincts
10. Committee Action Status Report
10.1 Committee Actions - Status Report
12. Closed Portion Of The Meeting
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Agenda (Open Portion) City Planning Committee Meeting |
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City Planning Committee Meeting (Open Portion) held Monday, 24 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.
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The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 10 September 2018 and the Special City Planning Committee meeting held on Monday, 17 September 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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In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.
In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Committee is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.
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7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.1 PLN-18-322 - 391 Sandy Bay Road, Sandy Bay – Alterations
(Re-Roofing)
Memorandum of the Manager Development Appraisal of 19 September 2018 and attachments.
Delegation: Council
Item No. 7.1.1 |
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Memorandum: City Planning Committee
PLN-18-322 - 391 Sandy Bay Road, Sandy Bay –
Alterations
(Re-Roofing)
Planning application PLN-18-322 for alterations (re-roofing) at 391 Sandy Bay Road, Sandy Bay was considered by the City Planning Committee at its meeting on 30 July 2018. The application had an officer recommendation for refusal on heritage grounds.
The Committee resolved as follows:
That the matter be deferred to a subsequent City Planning Committee meeting to allow for further discussions to be undertaken between the Applicant and Council Officers to ascertain if an appropriate roof sheeting can be sourced which would be sympathetic to the dwelling and an extension of time is granted by the Applicant.
Since the Committee’s resolution to defer the planning application, there has been on-going discussion between the applicant and the Council's Cultural Heritage Officer and Development Appraisal Planner.
The application sought retrospective approval for replacement of the dwelling’s slate roof with a Colorbond roof. After the matter was deferred at Committee, the applicant suggested that the application could be modified to propose a Monier slate replacement product on two roof planes: the front roof plane facing Sandy Bay Road and the side roof plane facing Lower Queenborough Oval. The Council’s Cultural Heritage Officer advised that this revised proposal would be unlikely to be recommended for approval. The Cultural Heritage Officer suggested that a proposal for the Monier slate replacement product to be put on all four roof planes except for the four roof planes of the inner valley, would be more likely to be supported at officer level. The applicant advised that this would be cost prohibitive.
As a consequence of these discussions, the applicant has requested that Council proceed with the application as originally proposed; that is, replacement of the entire slate roof with a Colorbond roof.
In light of the above, the officer recommendation for refusal remains. A copy of the officer report and original plans are provided as an attachment to this memorandum.
The applicant’s consultant heritage expert (Mr Graeme Corney) has provided Council with an amended report, which provides further details of his reasons for supporting the proposal on heritage grounds. This report is attached to this memo as Attachment D.
An extension of time has been granted by the applicant until 30 October 2018.
Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for alterations (re-roofing) at 391 Sandy Bay Road, Sandy Bay for the following reasons: 1. The proposal does not meet the acceptable solution or the performance
criterion with respect to clause E.13.7.1 A1 and P1 of the Hobart Interim
Planning Scheme 2015 because the demolition results in the loss of
significant fabric that contributes to the historic cultural significance of the
place and (a) there are not environmental, social, economic or safety
reasons of greater value to the community than the historic cultural
heritage values of the place; and (b) there are prudent and feasible
alternatives. 2. The proposal does not meet the acceptable solution or the performance
criterion with respect to clause E.13.7.2 A1 and P1 of the Hobart Interim
Planning Scheme 2015 because the development results in the loss of
historic cultural heritage significance to the place through incompatible
design, including materials. 3. The proposal does not meet the acceptable solution or the performance
criterion with respect to clause E.13.7.2 A3 and P3 of the Hobart Interim
Planning Scheme 2015 because the materials do not respond to the
dominant heritage characteristics of the place. 4. The proposal does not meet the acceptable solution or the performance
criterion with respect to clause E.13.8.1 A1 and P1 of the Hobart Interim
Planning Scheme 2015 because the demolition results in the loss of
buildings or works that contribute to the historic cultural significance of
Heritage Precinct Sandy Bay 10 and (a) there are not environmental,
social, economic or safety reasons of greater value to the community
than the historic cultural heritage values of the place; and (b) there are
prudent and feasible alternatives. 5. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.8.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the development results in detriment to the historic cultural heritage significance of Heritage Precinct Sandy Bay 10 as listed in Table E.13.2.
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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.
Rohan Probert Manager Development Appraisal |
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Date: 19 September 2018
File Reference: F18/108153
Attachment a: PLN-18-322 - 391 SANDY BAY ROAD SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩
Attachment b: PLN-18-322 - 391 SANDY BAY ROAD SANDY BAY TAS 7005 - CPC Agenda Documents ⇩
Attachment c: PLN-18-322 - 391 SANDY BAY ROAD SANDY BAY TAS 7005 - Planning Referral Officer Cultural Heritage Report ⇩
Attachment d: PLN-18-322 - 391 SANDY BAY ROAD SANDY BAY TAS 7005 - Heritage Report - Graeme Corney - AIS-18-1172 ⇩
Item No. 7.1.1 |
Agenda (Open Portion) City Planning Committee Meeting - 24/9/2018 |
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Agenda (Open Portion) City Planning Committee Meeting - 24/9/2018 |
Page 27 ATTACHMENT b |
Agenda (Open Portion) City Planning Committee Meeting - 24/9/2018 |
Page 36 ATTACHMENT c |
Agenda (Open Portion) City Planning Committee Meeting - 24/9/2018 |
Page 41 ATTACHMENT d |
Agenda (Open Portion) City Planning Committee Meeting |
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8. Reports
8.1 Monthly Building Statistics - 1 August 2018 - 31 August 2018
Memorandum of the Director City Planning of 19 September 2018 and attachments.
Delegation: Council
Item No. 8.1 |
Agenda (Open Portion) City Planning Committee Meeting |
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Memorandum: City Planning Committee
Monthly Building Statistics - 1 August 2018 - 31 August 2018
Attached is the Monthly Building Statistics for the period 1 August 2018 to 31 August 2018.
That the information be received and noted:
The Director City Planning reports:
That: A. 1. During the period 1 August 2018 to 31 August 2018, 55 permits were issued to the value of $66,033,121 which included:
(i) 23 for Extensions/Alterations to Dwellings to the value of $3,680,800;
(ii) 19 New Dwellings to the value of $8,502,321; and
(iii) 7 Major Projects:
a) 28-32 Elizabeth Street – Commercial Extension (Stage 3) - $48,269,000;
b) 10 Bective Street – Multiple Dwellings x 5 - $2,000,000;
c) 99 Bathurst Street – Demolition - $1,900,000;
d) 40A Nicholas Drive – House - $1,500,000;
e) 39-41 Davey Street – Demolition - $1,200,000;
f) 83 Athleen Avenue – Multiple Dwellings x 3 - $1,050,000;
g) 6 Toorak Avenue – Demolition, Alterations and Additions - $1,000,000.
2. During the period 1 August 2017 to 31 August 2017, 86 permits were issued to the value of $54,747,279 which included:
(i) 26 Extensions/Alterations to Dwellings to the value of $6,116,129
(ii) 18 New Dwellings to the value of $6,494,835; and
(iii) 3 Major Projects:
a) 48 Liverpool Street - Superstructure - $35,721,950;
b) 48 Liverpool Street - In Ground Works - $1,226,629;
c) 134 Macquarie Street - Alterations and Internal Alterations - $1,000,000.
B. 1. In the twelve months ending 31 August 2018, 672 permits were issued to the value of $496,742,614; and
2. In the twelve months ending 31 August 2017, 706 permits were issued to the value of $242,454,593.
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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: 19 September 2018
File Reference: F18/102103
Attachment a: Building Permits Issued (Accumulative Monthly Totals) 5 Year Comparison ⇩
Attachment b: Building Permits Value (Accumulative Monthly Totals) 5 Year Comparison ⇩
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8.2 Delegated Decisions Report (Planning)
Memorandum of the Director City Planning of 19 September 2018 and attachment.
Delegation: Committee
Item No. 8.2 |
Agenda (Open Portion) City Planning Committee Meeting |
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Memorandum: City Planning Committee
Delegated Decisions Report (Planning)
Attached is the delegated planning decisions report for the period 3 September 2018 – 17 September 2018.
That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 19 September 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: 19 September 2018
File Reference: F18/108265
Attachment a: Delegated Decisions Report (Planning) 3 September 2018 – 17 September 2018 ⇩
Agenda (Open Portion) City Planning Committee Meeting |
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8.3 City Planning - Advertising List
Memorandum of the Director City Planning of 19 September 2018 and attachment.
Delegation: Committee
Item No. 8.3 |
Agenda (Open Portion) City Planning Committee Meeting |
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Memorandum: City Planning Committee
City Planning - Advertising List
Attached is the advertising list for the period 3 September 2018 – 14 September 2018.
That the information contained in the memorandum titled ‘City Planning – Advertising List’ of 19 September 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: 19 September 2018
File Reference: F18/108427
Attachment a: City Planning - Advertising List ⇩
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9. Motions of which Notice has been Given
9.1 Affordable Housing in Developments and Precincts
Alderman Marti Zucco
Motion:
“That a report be prepared that provides options for the Council to seek State Government support for legislative changes that gives the Council a “Head of Power” under the Local Government and/or Land Use Planning and Approvals Acts specifically allow the Council to require the provision of, or the contribution for, affordable and/or long term rental apartments/housing in certain developments and or precincts.
That the report also consider:
(a) Further planning incentives such as bonuses to density, building envelopes, dwelling unit factors or permitted height allowances similar to those within the Commercial Zone of the Hobart Interim Planning Scheme 2015 for affordable and/or long term rental accommodation;
(b) Guidelines for binding agreements between the Council, developers and/or social housing providers to manage any affordable housing provided in accordance with any new head of power outlined above; and
(c) Options to require any dwellings approved under bonus provisions to remain on the rental market for a minimum of 5 to 10 years depending on the development or planning bonuses.”
Rationale:
“It is widely known that there is a shortage of affordable housing and in particular housing rental properties. Currently councils do not have the ability to make agreements to provide bonus development to any size developer that delivers affordable housing and rental properties as part of their development.
As an example a small developer that has a parcel of land say at 1000 square meters and the dwelling unit factor is say 350m2 the developer can only build 3 units/apartments under the above proposal. If the developer enters into an agreement with Council to provide either an extra apartment for the affordable housing market or the rental market for a period of say 10 years, the developer may receive these bonuses that could see 4 units/apartments built on the site (subject to meeting other planning guidelines). Similarly medium to larger developers may also achieve bonus development on similar bases such as bonus height and density where the height or density is specific to affordable or rental housing.
For example, New South Wales Environmental Planning and Assessment Act 1979 considers the promotion of the social and economic welfare of the community as one of its objectives. In 1999 the Act was amended to specifically include the provision and maintenance of affordable housing as an Object of the Act. The Act allows for the collection of contributions for affordable housing where a need for affordable housing is identified. State Environmental Planning Policy No.70 – Affordable housing (Revised Schemes) 2009 (SEPP70) identifies that there is a need for affordable housing in the City of Sydney. The Sydney Local Environmental Plan 2012 contains controls for the calculation, levying and management of affordable housing contributions in the City of Sydney.
Tasmania could develop legislation that would allow a developer to increase density provisions if they provide affordable housing or rental housing for a period so rather than simply have a heads of agreement to “collect” funds for a pool to hopefully build them in the future a model that provides bonuses for those developers that implement them in their developments will see this occur on a regular basis. What is needed is heads of agreement legislation for councils to negotiate on any specific development.
This is an opportunity to have regular rental properties and affordable housing on the market, it is a win/win situation for the city and changes to legislation will provide councils with the power to achieve heads of agreement.”
The General Manager reports:
“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to the administration of planning schemes.”
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10. Committee Action Status Report
A report indicating the status of current decisions is attached for the information of Aldermen.
REcommendation
That the information be received and noted.
Delegation: Committee
Item No. 10.1 |
Agenda (Open Portion) City Planning Committee Meeting - 24/9/2018 |
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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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