Agenda (Open Portion)

Council Meeting

Page 3

4/2/2019

Agenda (Open Portion)

Council Meeting

Page 4

4/2/2019

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 21 January 2019, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Agenda (Open Portion)

Council Meeting

Page 6

04/02/2019

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and new building for 57 multiple dwellings, 13 visitor accommodation units, food services, and signage at 66 Burnett Street, North Hobart for the reasons outlined in the officer’s report, attached to item 7.1.1 of the Open City Planning Committee agenda of 29 January 2019 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 PLN­17­1066 66 BURNETT STREET NORTH HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/0015­HCC dated 28 August 2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

Apartment 3U21 must be designed to provide internal noise levels that accord a reasonable level of residential amenity for the occupants.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved that demonstrate likely compliance with this condition.

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

Reason for condition

To ensure that buildings for residential use provide reasonable levels of residential amenity

PLN s2

Either:

a)    Lighting must be provided at the pedestrian entry to the development from Elizabeth Street; or,

b)    The pedestrian entry to the development from Elizabeth Street must be redesigned to avoid the creation of a potential entrapment space.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved that demonstrate likely compliance with this condition.

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

Reason for condition

To ensure that building design for non­residential uses provides for the safety of the public.

PLN s3

Prior to construction of the development commencing, a comprehensive landscaping plan with a particular focus on the issue of maintaining privacy with neighbours must be developed for the podium garden and submitted to Council. The landscaping plan must be to the satisfaction of Council's Director City Planning, and all landscaping shown on the approved landscaping plan must be completed prior to the commencement of the approved use. The landscaping must be maintained throughout the life of the development in accordance with the approved landscaping plan.

Reason for condition

To maintain the amenity of adjacent residential properties.

PLN s4

Any mechanical plant and miscellaneous equipment such as heat pumps, air conditioning units, switchboards, hot water units or similar must be screened from view from adjacent streets and other public spaces.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing screens for any mechanical plant and miscellaneous equipment such as heat pumps, air conditioning units, switchboards, hot water units or similar.

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

Reason for condition

To ensure that building design contributes positively to the streetscape and the amenity and safety of the public.

ENG sw4

The development (including hardstand) must be drained directly to Council infrastructure on Elizabeth Street with adequate capacity for the 5% AEP event. The Burnett Street connection and associated private pipework must be investigated and, should it not be utilised by any other property than 66 Burnett Street, be abandoned and sealed.

The new stormwater connection must be constructed, and any existing redundant connections be abandoned and sealed. The connection works must be done at the owner’s expense prior to the first occupation.

Detailed engineering drawings must be submitted and approved, prior to commencement of work or issue of any consent under the Building Act 2016 (whichever occurs first). The detailed engineering drawings must include:
1.    The location of the proposed connections and all existing        connections. The connection must be located clear of any        buildings;

2.    The size and design of the connection such that it is appropriate to safely service the development to the worst­case 5% AEP event;

3.    Long­sections of the proposed connection clearly showing clearances from any nearby services, cover, size, material and delineation of public and private infrastructure. Connections must be free­flowing gravity;

4.  Details of the investigation into the existing potentially shared drainage to Burnett Street;

5.    A safe overflow point where the private stormwater (sized to take 1% AEP flows beyond the building line) reduces.

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

Advice:

·     Once approved, an application for a new stormwater connection to Council's City Infrastructure Division will be required for abandonment, upgrade or new connection.

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

Reason for condition

To ensure the site is drained adequately.

ENG sw5

The Council stormwater main crossing Elizabeth Street must convey the 5% AEP flows from its catchment. Should the current main have insufficient capacity, a stormwater main upgrade must be designed and constructed prior to the commencement of the use.

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

1.    Be certified by a qualified and experienced engineer;

2.    Include the associated calculations and catchment area plans. The main must be sized to accommodate at least the 5% AEP flows from fully­ developed catchment;

3.    Show in both plan and long­section any required stormwater main upgrade, including but not limited to, connections, flows, velocities, hydraulic grade lines, clearances, cover, gradients, sizing, material, pipe class, and inspection openings. Note: Council requires pipe upgrade rather than duplication if practicable. Mains must be a minimum class 4 RCP under roads.

4.    Include a construction program and method for any required upgrade of the stormwater main to maintain drainage of the road and third­party land.

5.    Be substantially in accordance with the LGAT Standard Drawings and Tasmanian Subdivision Guidelines

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.

·     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 twelve month maintenance period, bond and CCTVs will apply.

Reason for condition

To ensure Council’s hydraulic infrastructure meets acceptable standards.

ENG sw7

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

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

1.    be prepared by a suitably qualified engineer;

2.    include detailed design of the proposed treatment train, including final estimations of contaminant removal;

3.    include detailed design and supporting calculations of any detention tank proposed to limit the 5% AEP flows from the site to the receiving capacity of the public infrastructure crossing Elizabeth Street. All assumptions must be clearly stated.

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

All work required by this condition must be undertaken 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)

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 tr1

Traffic management within the car parking area must be installed prior to the commencement of the use.

Traffic management design drawing(s) of the proposed traffic management within the car park (including signage and linemarking), must be submitted and approved, prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first). The design drawing(s) and management plan must show but not limited to, the following information:

1.    Road hump to be installed in the driveway 2 metres back from the footpath at the car park entrance/exit to ensure low vehicle speeds when exiting onto Burnett Street;

2.    Signage and other warning devices within the car park advising that vehicles travelling up the ramps should give way to vehicles travelling down;

3.    Signage to be installed at the driveway entrance/exit informing users access is restricted to left in – left out only (as per Clause 3.2.3 of AS2890.1);

4.    Pavement arrows for the control and direction of circulating traffic within the car park and associated access in accordance to Australian/NZS Standard, Parking facilities Part 1: Off­street car parking AS/NZS 2890.1: 2004;

5.    All small car parking spaces must be delineated by means of white or yellow pavement lines and suitable signage; and

6.    All turning bays must be must be delineated by means of white or yellow pavement lines and suitable signage.

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

Advice: Once the traffic management design drawings have been approved 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

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

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 the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first). The construction traffic and parking management plan must include but not limited to, the following information:

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; and

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 2a

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

Advice:

·     The Council does not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.

·     Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required in the parking module this area may be considered as a path of access to a building.

Reason for condition

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

ENG 3a

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

Advice:

·     It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

Reason for condition

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

ENG 3b

The bicycle parking design must be submitted and approved, prior to the, issuing of any approval under the Building Act 2016 (excluding demolition).

The bicycle parking design must:

1.    Be prepared and certified by a suitably qualified engineer.

2.    Be generally in accordance with the Australian Standard AS/NZS2890.3:2015.

3.    Where the design deviates from AS/NZS2890.3:2015 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use.

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

Advice:

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

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

Reason for condition

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

ENG 3c

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the design drawings approved by Condition ENG tr1 and the approved plans (and+design, Andrew Mckellar Design, drawing no. 20.0717.1.1D and 20.0717.1.2D, submitted 12 December 2018).

Prior to the first occupation, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above drawings must be lodged with Council.

Advice:

·     Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement)

Reason for condition

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

ENG 4

The access driveway and parking module (car parking spaces, aisles and manoeuvring area) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure prior to the first occupation.

Reason for condition

To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

ENG 5

The number of car parking spaces approved on the site, for use is sixty eight (68), including two (2) parking spaces for people with disabilities.

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004 and AS/NZS 2890.6: 2009, prior to first occupation.

Reason for condition

To ensure the provision of parking for the use is safe and efficient.

ENG 6

The number of bicycle parking spaces approved on the site is a minimum of forty six (46).

The bicycle parking areas must be constructed on the site compliant with the Australian Standards AS/NZS 2890.3:2015 prior to the commencement of the use.

Reason for condition

To ensure safe and efficient parking adequate to provide for the use.

ENG 7

The number of motorbike parking spaces approved on the site is a minimum of twenty seven (27). The motorcycle parking areas must be constructed on the site compliant with the Australian Standards AS/NZS 2890.1:2004 prior to the commencement of the use

Reason for condition

To ensure safe and efficient parking adequate to provide for the use.

ENG 8

The use of the car parking spaces approved by this permit is restricted to residential, domestic and employee parking associated with operations within the site.

A sign, approved by Council, and in accordance with Australian Standards AS/NZS1742.11:2016, must be erected at the entry of the parking access to indicate the parking area is for residents only prior to first occupation.

Reason for condition

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

ENG 9

All car parking spaces for people with disabilities must be delineated to Australian/NZS Standard, Parking facilities Part 6: Off­street parking for people with disabilities AS/NZS 2890.6: 2009, prior to the commencement of the use.

Reason for condition

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

ENG 10

The driveway, access, parking and manoeuvring area design must be signed by a suitably qualified engineer, certifying the driveway, access, parking and manoeuvring areas have been constructed in accordance with the design drawings, must be lodged with the Council prior to the issuing of any Completion or Occupancy Certificate under the Building Act 2016.

Reason for condition

To ensure the safety of users of the access / parking / highway reservation / adjacent properties.

ENG 1

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

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

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

Reason for condition

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

ENG s1

The use of each tandem/jockey car parking space is restricted to serve the same dwelling and must not be designated for visitor or disabled parking.

Reason for condition

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

ENG s2

All garbage collection associated with the development must occur wholly within the site, therefore, on­street garbage collection by private contractors within the Council's Burnett Street Highway Reservation is prohibited.

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.

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

a)    the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

b)    the recommendations of any Contamination Management Plan or

       Environmental Site Assessment required.

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

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

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

Reason for condition

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

ENV s1

Units 1, 2, 3, 4, 16 and 17 on levels 3, 4 and 5 must have:

·     concrete panel facades;

·     bi­fold doors sufficient to allow complete enclose of their balconies;

·     inoperable windows where practicable;

·     casement or awning windows, with good acoustic seals on the entire perimeter that are positively engaged when shut;

·     minimum 6/12/6 double glazing with laminated panes for all window and door glazing (excluding balconies); and

·     minimum 6mm laminated glazing for all balcony glazing.

Plans submitted for building approval must demonstrate compliance with this condition.

Reason for condition

To ensure that new sensitive use does not conflict with, interfere with or constrain uses with potential to cause environmental harm.

HER 6

The Statement of Archaeological Potential and Archaeological Method Statement produced by Tasarc dated 5th June 2018 must 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 archaeologist's 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 17

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

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.

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

Reasons for condition

To ensure that development at a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance. To assist in reducing the apparent visual bulk of the development.

ENVHE 1

1.    The advice and recommendations made in the Environmental Site Assessment (Geo­Environmental Solutions ­ 66 Burnett Street, North Hobart ­ dated December 2017 ­ Amended 11 January 2018), must be implemented prior to commencement of construction of the proposed new development. Reports for subsequent environmental site assessments must be submitted to Council and must be to the satisfaction of Council's Environmental Health Officer.

2.    The Contamination Management Plan (Geo­Environmental Solutions ­ 66 Burnett Street North Hobart ­ December 2017) must be implemented and if new information becomes available during the subsequent environmental site assessment undertaken prior to construction, that it be updated and implemented accordingly.

Reason for condition

To ensure the subject land is capable of supporting the proposed development and future use in terms of site contamination issues.

ENVHE 4

A construction management plan must be implemented throughout the construction works.

A construction management plan must be submitted and approved prior to the issuing of any building permit under the Building Act 2016. 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; and

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

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

Reason for condition

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

SURV 8

The applicant, at no cost to the Council, must have prepared, entered into, and have registered at the Land Titles Office, a deed pursuant to Section 75CA of the Conveyancing and Law of Property Act 1884 for the awning encroachment over Elizabeth Street, prior to the issue of a completion certificate.

Advice: A Section 75CA Conveyancing & Law of Property Act 1884 certificate for the occupation of a Highway requires that the encroachment is a minimum 2.40 metres above the footpath or 4.25 metres above the road carriageway. A 600mm set back from the back of kerb may also be required.

The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing & Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated $220 Council application fee and the Land Titles Office registration fee, to the Council for execution and subsequent registration within the Land Titles Office.

Reason for condition

To ensure that the proposed or existing building encroachment over Elizabeth Street is formalised in accordance with statutory provisions.

ADVICE

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

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