Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 5

15/10/2018

City Planning Committee Meeting (Open Portion) held Monday, 15 October 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, 24 September 2018 and the Special City Planning Committee meeting held on Monday, 1 October 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.

Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 82

15/10/2018

7.1.3 35 Adelaide Street, South Hobart - Partial Demolition, Alterations and Extension

PLN-18-290 - FILE REF: F18/115602

Address: 35 Adelaide Street, South Hobart

Proposal: Partial Demolition, Alterations and Extension

Expiry Date: 11 November 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 a partial demolition, alterations and extension at 35 Adelaide Street South Hobart Tas 7004 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 PLN18290 35 ADELAIDE STREET SOUTH HOBART TAS 7004 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s3

All proposed works are to be fully contained within the property boundaries of 35 Adelaide Street.

Reason for condition

To clarify the scope of the permit.

ENG sw6

All stormwater runoff from the proposed development must be discharged to the Council’s stormwater infrastructure prior to first occupation/ new use. All costs associated with works required by this condition are to be met by the owner.

Design drawings and calculations of the proposed private stormwater drainage system and the connection to the Council's stormwater infrastructure must be submitted and approved prior to the commencement of work. The drawings must:

1. Be prepared by a suitably qualified person; and

2. Include long section(s)/levels and grades to the point of discharge, as required.

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

Advice:

· The applicant is advised to submit detailed drawings 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.

Reason for condition

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

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, preexisting damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

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

ENV 1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, 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 10

The following items must be reused on the site:

1. Double hung timber sash window between the existing living room and deck (as shown, but not marked in hashed green, on DA02b).

2. The double timber glazed doors between the existing living room and deck (as shown on drawing DA02b).

3. Early fabric, such as bricks and any sandstone, associated with the chimney breast in the existing living room.

4. The timber fireplace surround/mantlepiece must be reused around the other chimney breast in the existing living room that is presently bricked up and covered over.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the retention of the above elements in accordance with the above requirement.

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

Reason for condition

To ensure that demolition in whole or part of a heritage select relevant place and in a heritage precinct does not result in the loss of historic cultural heritage values.

HER 12

The original brick nogging (brick infill between wood framing) must be protected, repaired and conserved.

Prior to the issue of any approval under the Building Act 2016, documentation must be submitted and approved which details how the brick nogging is to be protected, conserved and repaired in accordance with the above requirement.

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

Reason for condition

To ensure that development at a heritage place 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.

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 a new stormwater service connection.

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-18-290 - 35 ADELAIDE STREET SOUTH HOBART TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-18-290 - 35 ADELAIDE STREET SOUTH HOBART TAS 7004 - CPC Agenda Documents ⇩

Attachment c: PLN-18-290 - 35 ADELAIDE STREET SOUTH HOBART TAS 7004 - Planning Referral Officer Cultural Heritage Report ⇩

Attachment d: PLN-18-290 - 35 ADELAIDE STREET SOUTH HOBART TAS 7004 - Amended Plans Received After Advertising ⇩

Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 156

15/10/2018

7.1.4 188 Collins Street, Hobart - Partial Demolition, Alterations and Extension for Business and Professional Services

PLN-18-430 - FILE REF: F18/115690

Address: 188 Collins Street, Hobart

Proposal: Partial Demolition, Alterations and Extension for Business and Professional Services

Expiry Date: 18 December 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 partial demolition, alterations and extension for business and professional services at 188 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 PLN18430 188 COLLINS STREET HOBART TAS 7000 Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/01144HCC dated 3 September 2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 15a

A demolition waste management plan must be implemented throughout demolition. The demolition waste management plan must include provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

Advice:

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards

PLN s1

Prior to first use, landscaping must be provided between the development and the property frontage to reduce the development's impact on the streetscape and townscape values of the surrounding area.

Prior to the issue of any approval under the Building Act 2016, a landscaping plan must be submitted and approved showing landscaping between the development and the property frontage. The landscaping plan must be to the satisfaction of Council's Director City Planning, and at a minimum:

1. Specify the nature and extent of the different materials and planting proposed.

2. Include a scale, dimensions and north point.

3. Include a planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

All work required by this condition must be carried out in accordance with the approved landscaping plans.

Reason for condition

To ensure that building height contributes positively to the streetscape and townscape.

PLN s2

Prior to first use, either:

a) bicycle parking spaces must be provided on the site. A minimum of 19 spaces must be provided. 16 spaces must be provided in either fully enclosed lockers or in a locked compound with communal access. The remaining three spaces must be provided with facilities to which the bicycle frame and wheels can be locked.

b) the developer must demonstrate to the satisfaction of Council's Director City Planning that there are sufficient bicycle parking spaces provided on the site, or that sufficient bicycle parking spaces would be provided, to meet any additional demand generated by the development.

Reason for condition

To ensure enough bicycle parking is provided to meet the needs of likely users and by so doing to encourage cycling as a healthy and environmentally friendly mode of transport for commuter trips.

PLN s4

To assist in reducing the visual impact of the development, the palette of exterior colours and materials must reflect the palette of materials of the existing building, and those within the local streetscape and area.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing exterior colours and materials in accordance with the above requirement, to the satisfaction of the Director City Planning.

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

Reason for condition

In the interest of the streetscape and townscape values of the surrounding area.

ENG tr2

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

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

1. Be prepared by a suitably qualified person.

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

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

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

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

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

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

ENG 1

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.

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.

HER 10

The adjacent stone wall of Crowther Lane must be protected during construction and works from impact by machinery, equipment and nearby excavation. Further details must be provided demonstrating how this will be achieved.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing how the wall will be protected in accordance with the above requirement.

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

Reason for condition

To ensure that works adjacent to a heritage place do not result in an adverse impact on the historic cultural heritage values of the listed place.

ENVHE 4

A construction management plan must be submitted and approved prior to the issuing of any approval under the Building Act 2016 (including demolition). 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. Proposed hours of construction.

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

5. Control of dust and emissions during working hours.

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

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

The approved construction management plan must be implemented and maintained throughout construction of the development.

Reason for condition

To ensure minimal impact on the amenity of adjoining properties and members of the public during the construction period.

ADVICE

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.

MICROCLIMATE

The developer is encouraged to carry out an analysis of the potential effects of the development upon the local wind environment, including effects upon the conditions experienced by pedestrians in the public court on the site and the adjoining Crowthers Lane. The developer is further encouraged to implement measures to remediate/alleviate any issues identified in the analysis.

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, scissor lift etc). Click here for more information.

You may require a road closure permit for construction. Click here for more information.

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

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.

CBD AND HIGH VOLUME FOOTPATH CLOSURES

Please note that the City of Hobart does not support the extended closure of public footpaths or roads to facilitate construction on adjacent land. It is the developer's responsibility to ensure that the proposal as designed can be constructed without reliance on such extended closures. In special cases, where it can be demonstrated that closure of footpaths in the CBD and/or other high volume footpaths can occur for extended periods without unreasonable impact on other businesses or the general public, such closures may only be approved by the full Council.

For more information about this requirement please contact the Council's Traffic Engineering Unit on 6238 2804.

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-18-430 - 188 COLLINS STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-18-430 - 188 COLLINS STREET HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-18-430 - 188 COLLINS STREET HOBART TAS 7000 - Referral Officer Report - Cultural Heritage ⇩

Attachment d: PLN-18-430 - 188 COLLINS STREET HOBART TAS 7000 - Urban Design Advisory Panel Minutes ⇩

Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 245

15/10/2018

Memorandum: City Planning Committee

City Planning Division – Revised Fees and Charges 2017/2018 Financial Year – Development Compliance

The purpose of this memorandum is to seek approval for revised fees and charges for the 2018/2019 financial year in respect to the City Planning Division.

Summary

At its meeting of 21 May 2018, the Council approved fees and charges for the 2018/2019 financial year. A review of the fees and charges approved by the Council has identified that some minor revisions are required to better reflect the cost of the service to the Council in the City Planning Division.

The proposed revised fees are as follows:

Fee Description	Proposed Fee	GST	Unit
Preparation of a Part 5 Agreement - Single residential dwelling, extensions and residential outbuildings and signs	$600	N	Per agreement
Preparation of a Part 5 Agreement – all other applications	$1000	N	Per agreement
Administrative fee for Part 5 where agreement not prepared by Council	$250	N	Per agreement

Background

Pursuant to section 205 of the Local Government Act 1993, the Council may impose fees and charges for various services. Fees and charges are reviewed each year as part of the Council’s annual budget process. At its meeting of 21 May 2018, the Council approved the fee of $500 per agreement for preparation of a Part 5 Agreement.

A Part 5 Agreement is an agreement under the Land Use Planning and Approvals Act 1993 which is registered on title and binds the owner to the requirements specified in the agreement. Under the Act, a Part 5 Agreement may provide for the prohibition, restriction or regulation of use or development or the conditions subject to which a use or development may be undertaken and is generally required where the requirement is of ongoing effect and is intended to bind all future owners of the property, for example, the requirement to comply with an approved bushfire hazard management plan.

Under the Land Use Planning and Approvals Act 1993, where Part 5 agreement is required to be entered into, a planning permit does not take effect until the day the agreement is executed.

A Part 5 Agreement is a legal document and the Council’s external solicitors prepare the Agreements on behalf of the Council and arrange for execution with owners and their mortgagees as appropriate.

Officers have recently entered into an arrangement where the Council’s external solicitors have agreed to a set fee for attending to the preparation and arranging the execution of standard Part 5 Agreements of $770. A standard Part 5 Agreement matter includes those matters where there is additional correspondence or attendances required such as liaising with the owners, the owner’s mortgagees, the owner’s representatives and including arranging for the re-execution of the documentation where it has been incorrectly signed, misplaced or lost.

If the owners’ solicitors require amendments or have legal queries about the Part 5 Agreement, or the Part 5 Agreement is more complex or the matter ends up requiring much more additional work than anticipated, additional fees are charged at the Council’s external solicitors agreed hourly rates.

The Council charges an upfront fee for a Part 5 which is required to be paid prior to instructing Council’s external solicitors. This protects the Council in the event the owner decides not to proceed with either the Part 5 or the development. Because the Council requires the fee to be upfront, it does not on-charge the exact cost to the owner. As a result, the Council is required to absorb the additional fees over and above the current $500 charged to an owner. As the Part 5 is a requirement of the planning permit and is a ‘cost’ of developing the property it is not appropriate that the Council absorb this cost.

To try and achieve as close to full cost recovery but ensure costs are set appropriate for single residential development, it proposed to introduce a variable fee structure which distinguishes between residential development and commercial development.

It is also proposed to introduce a new administrative fee where an owner choses to have the Part 5 prepared by their own solicitor. Where this occurs although the Council is not incurring external legal fees, significant officer time is involved in reviewing the agreement, arranging for execution by the Council delegates, preparing the documentation for registration and arranging registration. The proposed fee of $250 represents a partial cost recovery for this service.

Proposal

It is proposed the 2018/2019 Fees and Charges be amended as detailed in the recommendation.

Financial Implications

Amendment of the fees as proposed will assist the Council in meeting budget expectations.

Delegation

The matter is delegated to the Council.

REcommendation

That the Council, pursuant to section 205 of the Local Government Act 1993, approve the following amended fees for 2018/2019:

(i) Preparation of a Part 5 Agreement under the Land Use Planning and Approvals Act 1993 - Single residential dwelling, single residential dwelling extensions and residential outbuildings and signs - $550 per agreement.

(ii) Preparation of a Part 5 Agreement under the Land Use Planning and Approvals Act 1993 - All applications other than single residential dwelling and signs - $1000 per agreement.

(iii) Administrative fees for a Part 5 Agreement under the Land Use Planning and Approvals Act 1993 where the agreement is not prepared by Council - $250 per agreement.

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.

Kirsten Turner Signature

Kirsten Turner

Manager Development Compliance

Date: 10 October 2018

File Reference: F18/116561; 17/41

Item No. 8.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 249

15/10/2018

Memorandum: City Planning Committee

Monthly Building Statistics - 1 September 2018 -
30 September 2018

Attached is the Monthly Building Statistics for the period 1 September 2018 to 30 September 2018.

REcommendation

That the information be received and noted:

The Director City Planning reports:

That: A. 1. During the period 1 September 2018 to 30 September 2018, 50 permits were issued to the value of $15,430,289 which included:

(i) 23 for Extensions/Alterations to Dwellings to the value of $1,893,789;

(ii) 15 New Dwellings to the value of $5,722,000; and

(iii) 4 Major Projects:

a) 2 Elizabeth Street - Commercial Internal Alterations (Restaurant and Visitor Accommodation) - $2,500,000;

b) 45-71 Bathurst Street - Change of Use to Commercial Premises (Consulting Rooms and Pharmacy) - $1,980,000;

c) 39 Hillcrest Road – House - $1,250,000;

d) Level 4, 39-41 Davey Street, Hobart - Commercial Internal Alterations - $1,200,000;

2. During the period 1 September 2017 to 30 September 2017, 48 permits were issued to the value of $11,864,887 which included:

(i) 19 Extensions/Alterations to Dwellings to the value of $2,724,070

(ii) 6 New Dwellings to the value of $3,077,953; and

(iii) 3 Major Projects:

a) 12A Bellevue Parade – 6 New Dwellings - $1,200,000;

b) 200 Collins Street – Fit Out - $1,100,000;

c) 2 Montrivale Rise – 2 New Buildings - $1,089,432;

B. 1. In the twelve months ending September 2018, 674 permits were issued to the value of $500,308,016; and

2. In the twelve months ending September 2017, 698 permits were issued to the value of $236,686,920.

Neil Noye

Director City Planning

Date: 10 October 2018

File Reference: F18/115024

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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