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City of hobart

MINUTES

City Planning Committee Meeting

 

Open Portion

 

Monday, 10 December 2018 at 5:08 pm

 


 

Minutes (Open Portion)

City Planning Committee Meeting

Page 3

 

10/12/2018

 

 

 ORDER OF BUSINESS

 

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. 6

4.        Indications of Pecuniary and Conflicts of Interest. 6

5.        Transfer of Agenda Items. 6

6.        Planning Authority Items - Consideration of Items with Deputations. 7

7.        Committee Acting as Planning Authority. 8

7.1     Applications under the Sullivans Cove Planning Scheme 1997  8

7.1.1       9 - 11 Murray Street, Hobart - Change of Operating Hours. 8

7.1.2       50 Macquarie Street Hobart - Alterations (Solar Panels) 9

7.1.3       57 - 63 Macquarie Street, Hobart - (Alterations (Solar Panels) 11

7.1.4       Salamanca Place & 40 Salamanca Place & 30 Salamanca Place & Castray Esplanade & Montpelier Retreat, Battery Point & Morrison Street, Hobart - Roadworks including Tree Removal and Replacement, installation of Public Street Furniture, and Associated Alterations to Infrastructure. 12

7.2     Applications under the Hobart Interim Planning Scheme 2015  24

7.2.1       35 Derwentwater Avenue, Sandy Bay - Subdivision (Boundary Adjustment) and Multiple Dwellings. 24

7.2.2       12 Montrivale Rise, Dynnyrne - Subdivision (One Additional Lot) 47

7.2.3       441 Macquarie Street, South Hobart - Alterations and Extension to Exhaust Stack. 60

8.        Reports. 61

8.1     Local Government (Meeting Procedures) Regulations 2015 - Review of Meeting Times. 61

8.2     Central Hobart Building Height Standards Review Project - Proposed Planning Scheme Amendments. 62

8.3     Monthly Building Statistics - 1 November 2018 - 30 November 2018. 64

8.4     City Planning - Advertising Report 65

8.5     Delegated Decisions Report (Planning) 66

9.        Questions without Notice. 66

10.     Closed Portion of the Meeting.. 67

Supplementary Items. 68

Applications under the Sullivans Cove Planning Scheme 1997

11       20 Runnymede Street, Battery Point and Adjacent Road Reserve - Partial Demolition, New Building for Residential Hotel, Restaurant/Cafe, Unlisted Use (Bar) and Shops, Subdivision (One Additional Road Lot), Alterations to Carparking, and Associated Works in the Road Reserve. 68

Applications under the Hobart Interim Planning Scheme 2015

12       222 - 228 Elizabeth Street & 234 Elizabeth Street & 236 - 240 Elizabeth Street & 242 - 250 Elizabeth Street & 213 Murray Street & 68 Warwick Street & 72 Warwick Street, Hobart & Adjoining Right Of Way - Partial Demolition, Alterations and Redevelopment For Visitor Accommodation, Multiple Dwellings, General Retail and Hire, Food Services, Hotel Industry, Business and Professional Services, and Subdivision (Boundary Adjustment) (Re-Advertised) 113

13       58 Goulburn Street, Hobart - Change of Use to Residential (Communal Residence) 116

 


 

Minutes (Open Portion)

City Planning Committee Meeting

Page 5

 

10/12/2018

 

 

City Planning Committee Meeting (Open Portion) held on Monday, 10 December 2018 at 5:08 pm in the Lady Osborne Room, Town Hall.

 

COMMITTEE MEMBERS

Deputy Lord Mayor Burnet (Chairman)

Briscoe

Denison

Harvey

Behrakis

 

 

 

PRESENT: The Deputy Lord Mayor Councillor H Burnet, Aldermen J R Briscoe, T M Denison, S Behrakis, the Lord Mayor Councillor A M Reynolds, Councillor M Dutta and Alderman D C Thomas.

 

APOLOGIES: Nil.

 

LEAVE OF ABSENCE:

Councillor W F Harvey.

 

 

NON-MEMBERS

Lord Mayor Reynolds

Zucco

Sexton

Thomas

Dutta

Ewin

Sherlock

 

The Lord Mayor was co-opted to the Committee and retired from the meeting at 7:31 pm and was not present for items 7.1.1 to 7.1.3, 7.2.2 to 7.2.3 and 8.1 to 10.

 

Councillor Dutta was co-opted to the meeting for items 7.1.1 to 7.1.3, 7.2.1 to 7.2.3, 8.1, 8.3 to 10, supplementary item 13 and the closed portion of the meeting.

 

Councillor Dutta left the meeting at 7:03 pm and returned at 7:07 pm.

 

Alderman Thomas arrived at the meeting at 7:46 pm and retired from the meeting at 7:59 pm.

 

BRISCOE

 

That permission be granted for the Australian Broadcasting Corporation (ABC) to film supplementary item 12 titled 222 - 228 Elizabeth Street & 234 Elizabeth Street & 236 - 240 Elizabeth Street & 242 - 250 Elizabeth Street & 213 Murray Street & 68 Warwick Street & 72 Warwick Street, Hobart & Adjoining Right Of Way - Partial Demolition, Alterations and Redevelopment For Visitor Accommodation, Multiple Dwellings, General Retail and Hire, Food Services, Hotel Industry, Business and Professional Services, and Subdivision (Boundary Adjustment) (Re-Advertised) and item 8.2 titled Central Hobart Building Height Standards Review Project - Proposed Planning Scheme Amendments however no audio recording is to be undertaken.

MOTION CARRIED

VOTING RECORD

 

AYES

NOES

Deputy Lord Mayor Burnet

 

Briscoe

 

Denison

 

Behrakis

 

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

 

BRISCOE

 

That the Lord Mayor be co-opted to the Committee.

MOTION CARRIED

VOTING RECORD

 

AYES

NOES

Deputy Lord Mayor Burnet

 

Briscoe

 

Denison

 

Behrakis

 

 

2.       Confirmation of Minutes

 

DENISON

 

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 26 November 2018 and the Special City Planning Committee meeting held on Monday, 26 November 2018, be confirmed as an accurate record. 

MOTION CARRIED

VOTING RECORD

 

AYES

NOES

Deputy Lord Mayor Burnet

 

Briscoe

 

Denison

 

Behrakis

 

Lord Mayor Reynolds

 

 

The minutes were signed.

 


 

3.       Consideration of Supplementary Items

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

DENISON

 

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

MOTION CARRIED

VOTING RECORD

 

AYES

NOES

Deputy Lord Mayor Burnet

 

Briscoe

 

Denison

 

Behrakis

 

Lord Mayor Reynolds

 

 

 

 

 

 

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 conflicts 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.

 

No interest was indicated.

OR

 

 

 

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?

 

No items were transferred.

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.

 

DENISON

 

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.

MOTION CARRIED

VOTING RECORD

 

AYES

NOES

Deputy Lord Mayor Burnet

 

Briscoe

 

Denison

 

Behrakis

 

Lord Mayor Reynolds

 

 

 


 

Minutes (Open Portion)

City Planning Committee Meeting

Page 9

 

10/12/2018

 

 

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 7.1.4 was then taken.

 

 

7.1     Applications under the Sullivans Cove Planning Scheme 1997

 

7.1.1   9 - 11 Murray Street, Hobart - Change of Operating Hours

            PLN-18-777 - File Ref: F18/144715

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 29 November 2018, be adopted.

MOTION CARRIED

VOTING RECORD

 

AYES

NOES

Briscoe

Deputy Lord Mayor Burnet

Denison

Dutta

Behrakis

 

 

COMMITTEE RESOLUTION:

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for change of operating hours at 9­11 Murray Street HOBART for the reasons outlined in the officer’s report, attached to item 7.1.1 of the Open City Planning Committee agenda of 10 December 2018, and a permit containing the following conditions be issued:

 

GEN

 

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­777 9­11 MURRAY STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

 

PLN 6

 

The outdoor seating area must not be open to the public outside of the following hours:

·     Monday 6pm to 4am

·     Tuesday 6pm to 4am

·     Wednesday 6pm to 4am

·     Friday 6pm to 5am

·     Saturday 6pm to 5am

·     Sunday 6pm to 5am

 

Reason for condition

 

To clarify the scope of the permit.

 

Delegation:     Council

 

 

 

7.1.2   50 Macquarie Street Hobart - Alterations (Solar Panels)

            pln-18-729 - File Ref: F18/144724

BEHRAKIS

That the recommendation contained in the report of the Assistant Planner and the Senior Statutory Planner of 29 November 2018, be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

 

Briscoe

 

Denison

 

Behrakis

 

Dutta

 

COMMITTEE RESOLUTION:

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for alterations (solar panels) at 50 Macquarie Street, Hobart for the reasons outlined in the officer’s report, attached to item 7.1.2 of the Open City Planning Committee agenda of 10 December 2018 and a permit containing the following conditions be issued:

 

 

GEN

 

 

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­729 ­ 50 MACQUARIE 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.

 

 

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.

 

Delegation:     Council

7.1.3   57 - 63 Macquarie Street, Hobart - (Alterations (Solar Panels)

            PLN-18-730 - File Ref: F18/144722

BRISCOE

That the recommendation contained in the report of the Assistant Planner and the Senior Statutory Planner of 29 November 2018, be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

 

Briscoe

 

Denison

 

Behrakis

 

Dutta

 

 

COMMITTEE RESOLUTION:

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for alterations (solar panels) at 57­63 Macquarie Street, Hobart for the reasons outlined in the officer’s report, attached to item 7.1.3 of the Open City Planning Committee agenda of 10 December 2018 and a permit containing the following conditions be issued:

 

GEN

 

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­730 ­ 57­63 MACQUARIE 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.

 

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.

 

Delegation:     Council

 

Item 7.2.2 was then taken.

 

 

 

Ms Sylivia Peterson (Representor) addressed the Committee in relation to item 7.1.4.

 

7.1.4   Salamanca Place & 40 Salamanca Place & 30 Salamanca Place & Castray Esplanade & Montpelier Retreat, Battery Point & Morrison Street, Hobart - Roadworks including Tree Removal and Replacement, installation of Public Street Furniture, and Associated Alterations to Infrastructure

            PLN-18-641 - File Ref: F18/144937

LORD MAYOR REYNOLDS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 3 December 2018, be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

 

Briscoe

 

Denison

 

Behrakis

 

Lord Mayor Reynolds

 

 

 

 

 

COMMITTEE RESOLUTION:

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for roadworks including tree removal and replacement, installation of public street furniture, and associated alterations to infrastructure at Salamanca Place & 40 Salamanca Place & 30 Salamanca Place & Castray Esplanade & Montpelier Retreat, Battery Point & Morrison Street, Hobart for the reasons outlined in the officer’s report, attached to item 7.1.4 of the Open City Planning Committee agenda of 10 December 2018, and a permit containing the following conditions be issued:

 

GEN

 

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­641 ­ SALAMANCA PLACE & 40 SALAMANCA PLACE & 30 SALAMANCA PLACE & CASTRAY ESPLANADE & MONTPELIER RETREAT, BATTERY POINT & MORRISON STREET, HOBART TAS 7004 ­ Final Planning Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

 

TW

 

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/01549­HCC dated 26 September 2018 as attached to the permit.

 

Reason for condition

 

To clarify the scope of the permit.

 

PLN s1

 

In the event of any discrepancies between the plans and the artist's impressions, the development must be constructed in accordance with the plans.

 

Reason for condition

 

To clarify the scope of the permit.

 

ENG sw2.1

 

A pre construction CCTV video of the Council stormwater mains beneath the proposed new pavement, along with photos of any drainage structures to be connected to or modified, must be submitted to Council prior to the commencement of work.

 

Reason for condition

 

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

 

ENG sw2.2

 

A post construction CCTV video of the Council stormwater mains beneath the new pavement, along with photos of any existing drainage structures connected to or modified as part of the development, must be submitted to Council upon completion of all work.

 

The post construction CCTV & photos will be relied upon to establish the extent of any damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to Council the pre construction CCTV, then any damage to Council's infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

 

Reason for condition

 

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

 

ENG sw5

 

The new stormwater infrastructure must be designed and constructed prior to the commencement of the use.

 

Engineering plans and computations prepared by a suitably qualified and experienced civil engineer must be submitted to and approved by Council prior to commencement of work. The plans must include:

 

1.    Plan and sectional views of the proposed stormwater infrastructure.

 

2.    Finished surface contours of the proposed new pavement areas ensuring that all low points are adequately drained.

 

3.    Longitudinal section and cross sections of the 1% AEP flow path.

 

4.    Pavement design in accordance with the Austroads Guide to Pavement Technology.

 

5.    Construction management plan that incorporates contingency measures to be implemented in the event of a significant storm occurring during replacement of the 600mm stormwater main.

 

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

 

Reason for condition

 

To ensure Council’s hydraulic infrastructure meets acceptable standards.

 

ENG sw6

 

All stormwater from the proposed development must be discharged to the Council’s stormwater infrastructure with sufficient receiving capacity prior to commencement of use. All costs associated with works required by this condition are to be met by the owner.

 

 

 

Design drawings of the proposed connections to Council's stormwater infrastructure, prepared by a suitably experienced civil engineer, must be submitted to and approved by Council prior to the commencement of work. The design drawings and calculations must include:

 

1.    Details of the proposed methods of connection.

 

2.    Existing and proposed invert and finished surface levels, structure sizes and specifications etc.

 

3.    A clear delineation between public and private drainage infrastructure where applicable.

 

All work required by this condition must be undertaken in accordance with the approved design drawings and the current standards and specifications of the City of Hobart.

 

Advice:

 

·     The applicant is advised to submit detailed design 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 3a

 

The vehicular access and parking module (parking spaces, aisles and manoeuvring area) for the proposed car park off of Castray Esplanade must be designed and constructed generally in accordance with Australian Standard AS/NZS2890.1:2004 and AS/NZS2890.6:2009, 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. A turning area must be provided to ensure vehicles can exit the car park in a forward direction.

 

 

Advice:

 

·     It is advised that the designer consider left hand exit only from the Castray Esplanade car park access.

 

Reason for condition

 

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

 

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.

 

 

 

 

 

 

ENG s1

 

Prior to the commencement of works, detail drawings of the proposed works within the highway reservations must be submitted to and approved by the Council's Director City Infrastructure. The detail drawings must include a street lighting design, tree planting details, location of new and existing infrastructure and ownership of infrastructure. All road infrastructure drawings are to be designed by a suitably qualified and experienced person in accordance with the Institute of Public Works Engineering Tasmanian Standard Drawings and Guidelines, the Department of State Growth Specifications, street lighting to AS/NZS 1158 series and all other relevant standards, guidelines and procedures.

 

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

 

Advice:

 

·     Once the detail drawings have been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

·     The street lighting must be provided in accordance with the requirements of TasNetwork and the City.

·     Speed humps will require the approval of State Growth to be obtained by the developer.

 

Reason for condition

 

To ensure works are undertaken in accordance with Council requirements.

 

ENG s2

 

Prior to the issue of a completion certificate, as constructed drawings and specifications for infrastructure within the highway reservations must be submitted to the City to the satisfaction of the Director City Infrastructure which includes detail electrical plans.

 

 

 

 

Reason for condition

 

To ensure works are undertaken in accordance with Council requirements.

 

ENV 1

 

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

 

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

 

Reason for condition

 

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

 

HER 12

 

The rocks and stonework that forms the boundary edge of the Parliamentary Gardens must be protected and conserved during the approved construction.

 

Prior to the issue of any approval under the Building Act 2016, documentation must be submitted and approved which details how the rocks and stonework are to be protected during construction process 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.

 

HER 6

 

The Statement of Archaeological Potential and Archaeological Method Statement produced by Praxis Environment dated August 2018 shall be implemented in full in accordance with the recommendations of the report.

 

Within the Zones identified as being of medium to high potential, all onsite excavation and disturbance must be conducted and monitored by a suitably qualified archaeologist. All and any recommendations made by the archaeologist engaged in accordance with above must be complied with in full; and all features and/or deposits discovered must be reported to the Council within 2 working days of the discovery; and a copy of the archaeologists advice, assessment and recommendations obtained in accordance with above must be provided to Council within 5 working 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.

 

HER 18

 

All trees within the boundary of the site, or within 10 metres of the extent of the works except those already approved for removal must be protected throughout excavation and post construction.

 

A report must be submitted for approval prior to the commencement of work. The report must:

 

1.    Be prepared by a suitable qualified person; and

 

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

 

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

 

Advice:

 

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

 

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

 

Reason for condition

 

To ensure that significant trees are not unnecessarily destroyed and are managed in a way that maintains their health and appearance.

 

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

 

As a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning

 

 

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

 

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

 

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.

 

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.

 

DIAL BEFORE YOU DIG

 

Click here for dial before you dig information.

 

Delegation:     Council

 

Supplementary item 12 was then taken.

 

 

BRISCOE

 

That Councillor Dutta be co-opted to the Committee.

MOTION CARRIED

VOTING RECORD

 

AYES

NOES

Deputy Lord Mayor Burnet

 

Briscoe

 

Denison

 

Behrakis

 


 

7.2     Applications under the Hobart Interim Planning Scheme 2015

 

Mr Graham Vertigan (Representor) addressed the Committee in relation to item 7.2.1.

 

Mr David Menzies of M2Architecture, Ms Jacqui Blowfield of Ireneinc and Ms Lei Lei (Applicant) addressed the Committee in relation to item 7.2.1.

 

7.2.1   35 Derwentwater Avenue, Sandy Bay - Subdivision (Boundary Adjustment) and Multiple Dwellings

            PLN-18-103 - File Ref: F18/143098

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 20 July 2018, be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

          Dutta

Briscoe

 

Denison

 

Behrakis

 

 

COMMITTEE RESOLUTION:

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for subdivision (boundary adjustment) and multiple dwellings at 35 Derwentwater Avenue, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.2.1 of the Open City Planning Committee agenda of 10 December 2018, and a permit containing the following conditions be issued:

 

GEN

 

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­103 ­ 35 DERWENTWATER AVENUE SANDY BAY TAS 7005 ­ Final Planning Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

 

TW

 

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/00290­HCC as amended 25/9/2018 as attached to the permit.

 

Reason for condition

 

To clarify the scope of the permit.

 

PLN s1

 

The approved boundary adjustment must be completed prior to the issue of any consent under the Building Act 2016 for the multiple dwellings also approved by this permit. Confirmation that titles have been issued for lots that are substantially in accordance with the approved boundary adjustment must be provided with any application or notification under the Building Act 2016 for the multiple dwellings (including for low or medium risk work).

 

Reason for condition

 

To ensure that the residential density of the development is consistent with this approval.

 

ENG sw2.1

 

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

 

Digital copies of pre­works CCTV video and report of the Council stormwater infrastructure must be undertaken and submitted to Council:

 

1.    Prior to commencement of works on site for any part of main which will not be replaced, and

2.    The issue of Certificate of Practical Completion of the new section of main (taken no more than one month earlier).

 

The pre and post­construction CCTVs will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council pre construction CCTV video of the Council’s infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

 

Reason for condition

 

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

 

ENG sw2.2

 

The Council’s stormwater infrastructure within the subject site must be protected from damage during the construction of the development. Digital copies of a post­construction CCTV video and report of the Council stormwater infrastructure must be undertaken and submitted to Council prior to first occupancy of the development.

 

The pre and post­construction work CCTVs will be relied upon to establish the extent of damage caused to the Council’s stormwater infrastructure during construction.

 

In the event that the owner fails to provide to the Council a pre­construction works CCTV video of the Council’s stormwater infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

 

Advice: Due to the diameter of the main, a tractor camera will be required to obtain adequately clear footage.

 

Reason for condition

 

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

 

 

ENG sw3

 

The proposed works (including fill, balustrades, retaining walls, footings and deck) must be designed to ensure the long term protection of and access to the Council’s stormwater infrastructure and the overland flow path. The main must be diverted clear of the proposed building.

 

Detailed engineering design must be submitted and approved prior to issue of any consent under the Building Act 2016 or commencement of works (whichever occurs first).

 

The detailed design must:

 

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

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

3.    Include a long­section of Council's stormwater main clearly showing proposed cover.

4.    Be certified by a suitably qualified engineer.

 

Prior to issue of first occupancy of the development, a suitably qualified engineer must confirm the installation of the works within five metres of Council’s stormwater is in accordance with the approved drawings and complies with this condition. Should any remediation works be required, these must be carried out at the developer’s cost.

 

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

 

Advice: Once the detailed 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 protection of the Council’s hydraulic infrastructure.

 

ENG sw5

 

The new public stormwater system (piped main and overland flow path) must be constructed prior to issue of any completion certificate, and the redundant section be abandoned and removed, at the owner's cost.

 

Engineering design drawings must be submitted and approved, prior to commencement of work or issue of any consent under the Building Act 2016 (whichever occur first). The engineering design drawings must:

 

1.    Be certified by a qualified and experienced engineer.

2.    Show in both plan and long­section the proposed stormwater main, including but not limited to, connections, flows, velocities, hydraulic grade lines, clearances, cover, gradients, sizing, material, pipe class, adequate working platforms around manholes, easements, headwalls and inspection openings.

3.    Show in plan and cross­section a defined overland flow path contained wholly within the drainage easement and with a maximum water level at least 300mm below the proposed floor level of habitable rooms on lot 3.

4.    Show any alterations proposed to the headwall and adequate scour/ erosion control.

 

 

 

5.    Include the associated calculations and catchment area plans. The stormwater system (including defined overland flow paths) must cater for all 1% AEP flows as at 2100 (i.e including climate change loading) from a fully developed catchment. The main itself must be sized to accommodate at least the 5% AEP flows from a fully­developed catchment.

6.    Clearly distinguish between public and private infrastructure.

7.    Clearly state any maintenance requirements of the overland flow path.

8.    Be substantially in accordance with the LGAT drawings.

 

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

 

Advice: Once the engineered drawings 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.

 

Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Division to obtain a Permit to Construct Public Infrastructure. A maintenance period of 12 months, and maintenance bond of 5% of the value of the works or $3000 (whichever is greater) will be required.

 

Reason for condition

 

To ensure Council’s hydraulic infrastructure meets acceptable standards.

 

 

 

 

 

ENG sw6

 

All stormwater from the proposed development (including hardstand runoff) must be discharged to the Council’s stormwater infrastructure with sufficient receiving capacity prior to first occupation. All costs associated with works required by this condition are to be met by the owner.

 

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

 

1.    Be prepared by a suitably qualified person; and

2.    Demonstrate no increase in flows to the minor watercourse; and

3.    Include sufficient levels and grades to the point of discharge to demonstrate that all stormwater practicable is drained to the approved connections via gravity.

 

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.

 

Reason for condition

 

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

 

ENG sw7

 

Stormwater pre­treatment and detention for stormwater discharges from the development must be installed prior to first occupation of the development.

 

A stormwater management report and design must be submitted and approved, prior to commencement of work or issue of any approval 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 of the proposed treatment train, including final estimations of contaminant removal.

 

3.    Include detailed design and supporting calculations of the detention tank, sized such that flows from lot 3 are limited to the receiving capacity of the kerb and gutter. All assumptions must be clearly stated.

4.    Provide maximum discharge rates to the minor watercourse for lots 1 and 2, such that there would be no increase in flows from the developed site up to 5% AEP storm events.

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

 

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

 

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

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

 

Reason for condition

 

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

 

ENG 2a

 

Vehicular barriers compliant with the Australian Standard AS1170.1 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:

·     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.

 

Reason for condition

 

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

 

ENG 2b

 

A certified vehicle barrier design (including site plan with proposed location(s) of installation), prepared by a suitably qualified Engineer, compliant with Australian Standard AS1170.1, must be submitted to Council prior to the issue of any approval under the Building Act 2016, or the commencement of works on site. All works, required by this condition must be undertaken in accordance with certified design.

 

Advice:

·     Once the certification has been accepted, 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 driveway and parking module and compliance with the standard.

 

ENG 2c

 

Prior to first occupation of the development, vehicular barriers must be inspected by a qualified engineer and certification submitted to Council confirming that the installed vehicular barriers comply with the certified design and Australian Standard AS1170.1.

 

Advice: Once the certification has been accepted, 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 relevant standards.

 

ENG 3c

 

The access driveway(s), circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the Aldanmark design drawings (17E99­250) submitted to the Council on the 8th June 2018.

 

Prior to first occupation of the development, 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 9

 

All car parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers, prior to the first occupation.

 

Reason for condition

 

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

 

ENG 11

 

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

 

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

2.    Footpath ­ Urban Roads Footpaths TSD­R11­v1.

 

Reason for condition

 

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

 

ENG 1

 

The cost of repair of any damage to the Council's infrastructure or the minor watercourse 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, watercourse, 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 10

 

The front fencing and gate at Derwentwater Avenue must allow adequate sight distance between user vehicles, cyclists and pedestrians.

 

Amended drawings must be submitted and approved, prior to the commencement of work. The amended drawing must demonstrate how the fence either side of the driveway/s provides for adequate sight distance between user vehicles, cyclists and pedestrians by one of the following methods:

 

1.    Compliance with Australian/NZ Standard, Parking facilities Part 1: Off­ street car parking AS/NZS 2890.1: 2004 Fig 3.3;

2.    Increasing the gate width of the driveway(s) to 5m; or

3.    Increasing the transparency of fencing for at least 1m on each side of driveway/s so that those sections of fencing are largely transparent; or

4.    Setting driveway(s) gates back 1m from front fence line to achieve increased sight lines.

 

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

 

Advice: Once the amended drawing 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 of pedestrians and traffic in the vicinity.

 

ENV 2

 

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

 

A SWMP must be submitted prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

 

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

 

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

 

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

 

Reason for condition

 

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

 

HER 18

 

The following trees #1, #2, #3, #4, #5, #6, #7, #8, #11, #14, #17 and #18, as shown on the submitted plans (Landscape Plan Drawing No. 102 Revision D, dated 27/09/2018 and Existing + Demolition plan, No. 200, Revision C, dated 18/09/2018) must be protected throughout excavation and post construction.

 

Prior to the issuing of any approval under the Building Act 2016, a report and/or plan must be submitted and approved and it must:

 

1.    Be prepared by a suitable qualified person.

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

3.    Outline all works necessary to ensure the longevity, health and vigour of these trees.

 

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

 

 

 

 

Reason for condition

 

To ensure that development is undertaken in a sympathetic manner which does not cause loss of heritage values.

 

SURV 1

 

The applicant must submit to the Council a copy of the surveyor’s survey notes at the time of lodging the final plan.

 

Reason for condition

 

To enable the Council to accurately update cadastral layers on the corporate Geographic Information System.

 

SURV 2

 

The final plan and schedule of easements must be submitted and approved in accordance with section 89 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

 

Reason for condition

 

To ensure that the subdivision/boundary adjustment is carried out in accordance with the Council's requirements under the provisions of Part 3 of the Local Government  (Building & Miscellaneous Provisions) Act 1993.

 

SURV 3

 

The final plan and schedule of easements must be submitted and approved under section 89 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

 

The final plan and schedule of easements must provide easements to the satisfaction of the Council:

 

1.    Over any proposed or existing stormwater, water or sewer infrastructure (including mains, branches and headwalls) passing through the lots on the final plan, in favour of the Hobart City Council and/orTasWater (minimum width of 2m, or 3m if they cover two pipes).

2.    Over any existing or proposed private rights of way, drainage and/or service easements in favour of the lots they are required to serve.

3.    Over any existing or proposed overland flow paths in favour of the Hobart City Council.

 

Advice: Drainage easement widths for public stormwater should be in general accordance with those specified in the LGAT/IPWEA Tasmanian Subdivision Guidelines 2013, and extend a minimum of one metre from the outside of the infrastructure.

 

Reason for condition

 

To ensure that there are no impediments to the provision of public and private services and access to the lots and the subdivision/boundary adjustment is carried out in accordance with the Council's requirements under the provisions of Part 3 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

 

SURV 13

 

The final plan is to be notated in accordance with the provisions of section 83(7) (b) of the Local Government (Building & Miscellaneous Provisions) Act 1993 to the effect that the Tasmanian Water and Sewerage Corporation cannot provide a means of gravity reticulated sewerage disposal from lots 2 and 3 below a specified reduced level.

 

The final plan must be submitted for approval by the Council.

The final plan must be notated to the satisfaction of the Council.

The specified reduced level that may be required is to be provided by the owner’s Registered Land Surveyor who must supply the invert level (on State Datum) of the sewer connections constructed to serve Lots 2 and 3.

 

Reason for condition

 

To ensure that the limitation in TasWater’s ability to provide a means of gravity reticulated sewerage disposal from Lots 2 and 3 is noted on the final plan.

 

ENG 14

 

Services to each lot must be designed and installed to meet the needs of future development, prior to the sealing of the final plan.

 

Detailed engineering drawings must be submitted and approved prior to commencement of work on the site. The engineering drawings must:

 

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

2.    Be generally in accordance with LGAT ­ IPWEA ­Tasmanian Standard Drawings and Subdivision Guidelines 2013.

3.    Clearly distinguish between public and private infrastructure.

4.    Include indicative long­sections of the proposed connections clearly showing clearances from any nearby services, cover, size, material and delineation of public and private infrastructure. Connections must be free­flowing gravity.

5.    Show the proposed location, size and design of each lot connection such that the majority of the lot can be adequately and economically drained, bearing in mind the limited receiving capacity of the public infrastructure.

6.    Show the the existing private stormwater detention for lot 1 to be relocated such that it is within the revised lot boundary and upstream of the public connection.

7.    Show all existing connections for the Lots as to be abandoned at the owner's cost.

8.    Any connections to the open watercourse must have adequate scour and erosion control.

 

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

 

 

Advice: Once the engineering drawings have been approved the Council will issue a condition endorsement. Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Division to obtain a Permit to Construct Public Infrastructure and an application for new stormwater connection. Please note consent under the Building Act may be required for any private plumbing work.

 

Reason for condition

 

To ensure that the subdivision of land provides adequate services to meet the projected needs of future development.

 

Part 5 1

 

Prior to the Council sealing the final plan of survey for the approved boundary adjustment, the owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 with respect to the following issues:

 

·     Building over Council's stormwater main. The owner of lot 3 must agree to:

 

·        Indemnify Council against any costs or claims arising from building over the Council’s stormwater main or for damages incurred in the act of performing operation, maintenance, or replacement tasks on the stormwater main;

·        Not perform any future works to any structures within 1m of the main, including replacement of footings without written permission from Council;

·        Dismantle/ replace the structures at the owner’s cost at Council’s request to allow free access to Council’s infrastructure;

 

·     The limited receiving capacity of Council's stormwater system:

 

·        The owners of lot 1 and lot 3 must agree to the ongoing compliance with the approved stormwater management plan for the detention systems of lot 1 and lot

·        The owners of lots 1, 2 and 3 must agree to limit discharges into the piped minor watercourse passing through the site to pre­ development flows to the worst case 5% AEP event;

 

·     The overland flow path through the site. The owners of the relevant lots must agree:

 

·        to maintain all approved flood mitigation measures including maintaining the capacity of the defined overland flow path through the relevant Lots, and,

·        not without the written consent of the Hobart City Council to erect or permit to be erected any building or structure or carry out any landscaping that may change the contours of the land or restrict the free flow of water over the defined overland flow path.

 

·     Multiple dwellings on lot 3:

 

·        That lot 3 is designated for multiple dwelling use and development only.

 

All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.

 

The owner must comply with the Part 5 Agreement which will be placed on the property title.

 

Advice: For further information with respect to the preparation of a Part 5 Agreement please contact Council's Development Engineering Staff.

 

Reason for condition

 

To ensure that the development does not increase risk to the property or third­party land and to clarify the intended future use and development of the lot and to ensure compliance with the requirements of Table 10.1 of the Hobart Interim Planning Scheme 2015 with regard to acceptable lot size.

 

 

SUB s1

 

An amendment to Sealed Plan 134495 under section 103 of the Local Government (Building & Miscellaneous Provisions) Act 1993 to delete the necessary portions of the Drainage Easement 0.91 wide and the Drainage Easement 3.00 wide and variable width from the sealed plan is to be submitted to Council and approved concurrently with the final plan of survey.

 

Reason for condition

 

To ensure that the easements are not brought forward to burden the lots in the subdivision.

 

SUB s2

 

Private sewer, stormwater (including surface drainage) and water services/connections must be entirely separate to each lot and contained wholly within the lots served.

 

The developer must verify compliance of the Separation of Services by supplying the Council with an as­installed Services Plan prior to the sealing of the final plan. The plan must:

 

1.    Clearly indicate the location and details of all relevant services (entirely contained within their respective lots); and

2.    Be accompanied by certification from a suitably qualified person that all engineering work required by this permit have been completed.

 

Advice: Once the as­installed Services Plan has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement)

 

Any final plan submitted for sealing will not be processed unless it is accompanied by documentation by a qualified person that clearly certifies that this condition has been satisfied and that all the work required by this condition has been completed. A “qualified person” must be a Professional Engineer or Professional Surveyor or other persons acceptable to Council.

 

Reason for condition

 

To ensure that each lot is serviced separately.

 

ADVICE

 

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

 

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

 

CONDITION ENDORSEMENT

 

If a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning

 

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

 

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

 

BUILDING PERMIT

 

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

 

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

 

PLUMBING PERMIT

 

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

 

OCCUPATION OF AND WORKS IN 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.

 

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

 

BUILDING OVER AN EASEMENT

 

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

 

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

 

You will 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 stormwater 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.

 

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.

 

ENGINEERING APPROVAL FEE

 

Prior to the issue of Council approved drawings or commencement of work on site (whichever occurs first), an engineering fee in accordance with Council's Fees and Charges 2018­2019, must be paid to the Council to meet the cost of processing and approving the engineering aspects of the working drawings and on­site inspections. This fee is additional to building and plumbing fees charged under the Building and Plumbing Regulations.

 

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

 

 

 

 

 

SUBDIVISION ADVICE

 

For information regarding standards and guidelines for subdivision works click here. All conditions imposed by this permit are in accordance with the Local Government Building & Miscellaneous Provisions) Act 1993 and the Conveyancing and Law of Property Act 1884.

 

Attachments

a    Deputation Documentation - Mr Graham Vertigan  

Delegation:     Council

 

Supplementary item 13 was then taken.

 

 

 

 

7.2.2   12 Montrivale Rise, Dynnyrne - Subdivision (One Additional Lot)

            PLN-18-408 - File Ref: F18/143828

DENISON

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 28 November 2018, be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Briscoe

Deputy Lord Mayor Burnet

Denison

Dutta

Behrakis

 

 

COMMITTEE RESOLUTION:

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for subdivision (one additional lot) at 1Montrivale Rise, DYNNYRNE for the reasons outlined in the officer’s report, attached to item 7.2.2 of the Open City Planning Committee agenda of 10 December 2018, and a permit containing the following conditions be issued:

 

GEN

 

The use and/or development must be substantially in accordance with the documents and drawings that comprise Application Document PLN­18­408 ­ 12 MONTRIVALE RISE DYNNYRNE TAS 7005 ­ Final Planning Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

 

TW

 

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/01055­HCC dated 02/07/2018 as attached to the permit.

 

Reason for condition

 

To clarify the scope of the permit.

 

ENG sw3

 

A recorded CCTV inspection and associated report of any new public stormwater infrastructure, must be undertaken within 1 month from completion of the 12 month maintenance period. In the event the CCTV or report identifies remedial work is required, such work must be undertaken within 30 days at the owners cost.

 

Advice: Upon the expiry of the 12 month maintenance period, please contact the Council to arrange inspection.

 

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 sw4

 

The proposed lot must be drained to Council infrastructure. Any new stormwater connection(s) required must be constructed, at the owner’s expense prior to sealing of the final plan.

 

Detailed design drawings showing both existing and proposed services must be submitted and approved, prior to commencement of work. The detailed design drawings must include:

 

1.    Show the proposed location of lot connection such that the majority of the lot, including the driveway, can be adequately and economically drained.

 

2.    Long­sections of the proposed connection clearly showing any nearby services, cover, size, material and delineation of public and private infrastructure.

 

3.    The final Lot boundaries, with each Lot serviced separately by Council infrastructure and all private plumbing contained within each Lot.

 

4.    Specify lot connection sizes appropriate for the developable area of each lot.

 

5.    Ensure provision is made for the lots to be developed to their maximum future potential.

 

6.    Be checked and certified by a qualified and experienced engineer.

 

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

 

Advice:

 

·     Once the detailed design drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement)

·     Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Division to initiate an application for service connection.

·     Note that the lots will also require adequate water and sewer service connections to TasWater mains/systems. The Services Plan must clearly show the existing/ proposed water, sewer and stormwater service connections for each lot. Check the TasWater conditions located in the Appendix.

·     Consideration must be given to the location of stormwater connections: these should be positioned at the most practicable location to adequately and economically drain the majority of the lot including the driveway

 

 

 

Reason for condition

 

To ensure the site is drained adequately.

 

ENG sw5

 

The new stormwater infrastructure must be constructed prior to the sealing of the final plan.

 

Engineering design drawings must be submitted and approved, prior to commencement of work. The engineering drawings must:

 

1.    Be certified by a qualified and experienced engineer.

 

2.    Show in both plan and long­section the proposed stormwater mains, including but not limited to, connections, flows, velocities, hydraulic grade lines, clearances, cover, gradients, sizing, material, pipe class, adequate working platforms around manholes, easements and inspection openings.

 

3.    Include the associated calculations and catchment area plans. The stormwater system (including defined overland flow paths) must cater for all 1% AEP flows as at 2100 (i.e including climate change loading) from a fully developed catchment. The main itself must be sized to accommodate at least the 5% AEP flows from a fully­developed catchment.

 

4.    Clearly distinguish between public and private infrastructure.

 

5.    Be substantially in accordance with the LGAT drawings.

 

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

 

Advice:

 

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

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

 

 

Reason for condition

 

To ensure Council’s hydraulic infrastructure meets acceptable standards.

 

ENG 1

 

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

 

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

 

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

 

Reason for condition

 

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

 

ENG s1

 

Prior to the sealing of the final plan, private sewer, stormwater and water services/connections must be entirely separate to each lot and contained entirely within the lots served.

 

The developer must verify compliance of the separation of services by supplying the Council with an as­built services plan, clearly indicating the location and details of all relevant services, prior to the sealing of the final plan.

 

The services plan must be accompanied by certification from a suitably qualified person that all engineering work required by this permit has been completed.

 

Advice: Any final plan submitted for sealing will not be processed unless it is accompanied by documentation by a qualified person that clearly certifies that this condition has been satisfied and that any work required by this condition has been completed. A “qualified person” must be a Professional Engineer or Professional Surveyor or other persons acceptable to Council.

 

Reason for condition

 

To ensure that each lot is serviced separately and that the Developer provides the Council with clear written confirmation that the separation of services is complete.

 

ENV 8

 

Prior to sealing the final plan a Part 5 Agreement pursuant to section 71 of the Land Use Planning and Approvals Act 1993 must be entered into that:

 

Landslide:

1.    Requires the owner(s) of Lot 32 to implement the recommendations in Table 3.3 of Attachment 3 and the good hillside engineering practices specified in Attachment 4 of the Landslide Risk Management Report by William C Cromer Pty Ltd dated 6 September 2018, unless the written consent of the Planning Authority is obtained; and

 

2.    Includes a copy of the Landslide Risk Management Report as an attachment to the Agreement.

 

Bushfire:

1.    Requires the owner(s) of the balance lot to allow the owners (or agents of the owners) of Lot 32 to implement and maintain a bushfire hazard management area on the balance lot in accordance with a certified bushfire hazard management plan for an approved dwelling on Lot 32 to achieve separation distances necessary for BAL­19 in accordance with AS3959 Construction of buildings in bushfire­prone areas, to a maximum distance of 7m east of the eastern boundary of Lot 32 and 13.5m from the southern boundary of Lot 32, unless the written consent of the Planning Authority is obtained; and

 

2.    Prohibits the placement or construction of fencing, buildings, landscaping or other obstacles that may significantly obstruct the lay of a fire hose in the area designated on the submitted bushfire hazard management plan by Tasman Property Services dated 1 August 2018, unless the written consent of the Planning Authority is obtained; and

 

3.    Includes a simple plan showing the approximate location of the allowable hazard management area zone and area to be kept free of obstructions. The applicant is responsible for preparation of the plan showing the allowable hazard management area zone and area to be kept free of obstructions.

 

The Agreement must be registered on the Title of Lot 32 at the time of issue. The Planning Authority will have its solicitors prepare the Agreement for signing by the property owner(s). The Planning Authority will then lodge the Agreement with the Lands Titles Office. The cost of preparing the Agreement and registration with the Land Titles Office is to be met by the applicant.

 

Advice: Please note that landslide risk management and bushfire risk management requirements of this permit may be addressed by a single Agreement. Please contact the Environmental Development Planner on 6238 2715 to initiate the Part 5 Agreement process.

 

Reason for condition

 

To reduce the risk to life and property, and the cost to the community, caused by landslides and bushfire

 

ENV 9

 

No clearing or modification of vegetation within the Biodiversity Protection Area specified in the Hobart Interim Planning Scheme 2015 is approved under this permit.

 

Reason for condition

 

To clarify the scope of the permit

 

 

 

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.

 

ENV s1

 

The building envelope for the proposed balance lot shown on the proposed Plan of Subdivision by Cromer and Partners is not approved as a building area under this permit and must not be shown on the final plan.

 

Reason for condition

 

To clarify the scope of the permit

 

ENV s2

 

The building area and hazard management area for the balance lot are not approved under this permit.

 

Reason for condition

 

To clarify the scope of the permit.

 

SURV 1

 

The applicant must submit to the Council a copy of the surveyor’s survey notes at the time of lodging the final plan.

 

Reason for condition

 

To enable the Council to accurately update cadastral layers on the corporate Geographic Information System.

 

SURV 2

 

The final plan and schedule of easements must be submitted and approved in accordance with section 89 of the Local Government (Building & Miscellaneous Provisions) Act 1993.