Agenda (Open Portion)

Council Meeting

Page 3

18/2/2019

Agenda (Open Portion)

Council Meeting

Page 6

18/2/2019

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 4 February 2019, and the minutes of the meeting of the Open Portion of the Special Meeting of All Council Committees held on Monday, 4 February 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 8

18/02/2019

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for dwelling, driveway upgrade and associated vegetation clearance at 11 and 9 Stoney Steps Road, South Hobart for the following reasons:

1.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause E10.7.1 A1 and E10.7.1 P1(a)(i) and (ii) of the Hobart Interim Planning Scheme 2015 because:

a.      The proposed clearance and conversion or disturbance of native vegetation is not designed and located to minimise impacts, having regard to constraints such as topography or land hazard and the particular requirements of the development; and

 b.      Impacts resulting from bushfire hazard management measures are not minimised as far as reasonably practicable through siting and fire-resistant design of habitable buildings.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extension and two multiple dwellings (one new, one existing) at 19 Lillie Street and adjoining right of way, Glebe for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 12 February 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 PLN­18­573 ­ 19 LILLIE STREET GLEBE 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 2018/01459­HCC dated 10/09/2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 8

The front fence along the front boundary must be no more than 1.2m in height above footpath level and be no less than 30% transparent.

Reason for condition

To provide reasonable opportunity for privacy for dwellings, to maintain the streetscape, and to clarify the scope of the permit.

PLN s4

The gable roof proposed for the rear dwelling is not approved and must be replaced with a skillion roof which rakes up from the north-eastern side to a high point at its southwestern side.

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

1.   An amended roof design for the proposed new dwelling, whereby the gable roof over the living and dining rooms is replaced with a skillion roof that rakes up toward the southwestern side of the dwelling, to a maximum height of 700mm above the remaining roof form.

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

Advice:  The roof design submitted as plan 18015_DA14 Revision A and 18015_DA15 Revision A dated 3/1/2019 depict a roof form over the living and dining rooms that would satisfy this condition.

Reason for condition

To ensure compliance with 11.4.2 P3 when considering the visual bulk the proposed works present to adjoining properties.

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).

Advice: it is noted that under the urban drainage act 2013 Council typically only approve one stormwater connection per property and that stormwater cannot be drained through a second property. It is likely that your stormwater from the new dwelling will be required to discharge through the existing kerb and gutter connection and that the proposed kerb and gutter connection will be permitted for draining the driveway only (which is on a separate title).

Reason for condition

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

ENG sw4

Any proposed new storm water connection must be constructed and existing connections proposed to be abandoned sealed by the Council at the owner’s expense, prior to the first occupation.

Detailed engineering drawings must be submitted and approved, prior to commencement of work. The detailed engineering drawings must include:

1.    The location of the proposed connection;

2.    The size of the connection appropriate to satisfy the needs of the development; and

3.    A long section of the proposed connection if the Council’s City Infrastructure Stormwater Engineers deem this necessary.

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

Advice:

The applicant is advised to submit detailed design drawings via the Council City Infrastructure Division application for a new stormwater connection. 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 submit an application for a new stormwater connection with the Council’s City Infrastructure Division.

·     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 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 commencement of use.

Reason for condition

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

ENG 1

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

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

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

Reason for condition

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

ENV 1

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

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

Reason for condition

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

HER 11

All brickwork, internal early and original joinery such as, but not limited to, architraves, doors, skirting boards, floorboards and picture rails and must be retained as is and in situ.

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

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

Reason for condition

To ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 12

The proposed demolition of walls to form two new door openings on the north east elevation is not approved. A revised proposal is required that reduces the width of both openings with only double doors in the proposed kitchen and sash windows in the proposed living room.

Prior to the issue of any approval under the Building Act 2016, documentation must be submitted and approved which details how the above modifications are to be achieved in accordance with the above requirement.

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

Advice:

It is recommended that the applicant discuss the above requirement prior to lodgement of the required documentation to ensure its meets Council's requirement.

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 17

The palette of exterior colours and materials must reflect the palette of materials 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.

Reason for condition

To ensure that development at a heritage place and in a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER s3

The rear deck, windows, doors and privacy screen to the attic room on the first floor as shown on drawings DA10, DA11, DA12, DA13, DA14 and DA15 are not approved.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved, showing either:

·        The deck and associated elements removed from the proposal, or
skylights to a maximum of three, or

·        Two traditional style dormer windows on the rear roof plane.

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

Reason for condition

To ensure that development at a heritage place and in a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER s4

Revised plans are to be submitted showing the following:

·        Further and greater separation of the new rear extension with a wide box gutter to retain the existing rear eaves line and gutter of the heritage house.

·        An increased recess between the external face of the existing brick chimney and the proposed extension to expose all of the rear brick chimney.

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

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

Reason for condition

To ensure development at a heritage place and within a heritage precinct is undertaken in a sympathetic manner that does not cause loss of historic cultural heritage significance.

ADVICE

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

NEW SERVICE CONNECTION

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

STORM WATER

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services By law. Click here for more information.

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.

WASTE DISPOSAL

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

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

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

REAR BOUNDARY FENCE

While the Council commends the developer and neighbouring property owners for respectful discussions regarding potential amendments to the submitted design of the rear fence, any amendments to that design that result in the rear fence having a height exceeding 2.1 metres about natural ground level would not be planning exempt under clause 6.4 of the Hobart Interim Planning Scheme 2015, and would create a discretion under the ‘setbacks and building envelope’ provisions for the Inner Residential Zone not considered as part of the formal assessment of this application (PLN-18-573). Such a design would therefore require the lodgement of a separate planning application and the granting of a subsequent planning permit prior to construction of such a fence occurring.  For further advice, please contact the Development Appraisal Planner on 6238 2820.

ONGOING DISCUSSIONS WITH ADJOINING NEIGHBOURS

It is strongly recommended that the applicant continue discussions with adjoining neighbours to achieve a resolution in relation to the rear boundary fence that satisfies all parties.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a refuelling facility (diesel tank and fuel berth) and associated works at 23 Marieville Esplanade Sandy Bay for the reasons outlined in the officer’s report, attached to item 7.1.3 of the Open City Planning Committee agenda of 12 February 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 PLN­18­690 ­ 23 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 ­ Final Planning Documents.

Reason for condition

To clarify the scope of the permit.

ENV s1

The diesel storage tank must be fixed in place in a manner that can withstand the hydraulic forces associated with coastal inundation and storm surge events based on the advice of a suitably qualified engineer.

Reason for condition

To ensure that buildings and works dependent on a coastal location are appropriately designed and sited to account for risk from inundation.

ENVHE 1

All works associated with the development, including protection measures and remediation, must be performed as specified within the Contamination Management Plan prepared by Geo­Environmental Solutions, dated December

2018.

Reason for condition

To ensure that works involving excavation of potentially contaminated land do not adversely impact on human health or the environment.

ADVICE

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

FEES AND CHARGES

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

INUNDATION PRONE AREAS

Please note that the site is likely to be subject to future coastal inundation events.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for subdivision (boundary adjustment), dwelling, partial demolition, alterations, ancillary dwelling, and associated hydraulic infrastructure at 1 Westringa Road, 10 Westringa Road and 20 Westringa Road Fern Tree and the adjacent road reserve for the reasons outlined in the officer’s report, attached to item 7.1.4 of the Open City Planning Committee agenda of 12 February 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 PLN­18­401 ­ 1 WESTRINGA ROAD FERN TREE TAS 7054 ­ 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 2018/01079­HCC dated 03/09/2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw4

The proposed new lots must be drained to Council infrastructure. Any new stormwater connection(s) required must be constructed, and existing redundant connections must be removed, at the owner’s expense prior to issue of a Certificate of Completion or first occupation whichever comes first. Detailed design drawings showing both existing and proposed services along with any associated calculations must be submitted and approved, prior to issue of any approvals under the Building Act 2016.

The detailed design drawings must:

1.      Be checked and certified by a suitably qualified and experienced engineer;

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

3.     Include the size of the connections appropriate to satisfy the needs of the development along with pipe type and class (where appropriate) and a clear delineation between public and private infrastructure.

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).

·        Before installation the applicant will need to submit an application for a new stormwater connection with Council City Infrastructure Division.

·        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 new stormwater infrastructure within the road reserve must be constructed prior to the connection of any additional lots. Engineering design drawings must be submitted and approved, prior to issue of any approval under the Building Act 2016.

The engineering drawings must:

1.     Be certified by a qualified and experienced engineer;

2.     Show in both plan and longitudinal section the proposed stormwater infrastructure including but not limited to: location, clearances to other services, cover, gradients, sizing, material, pipe class;

3.     Include any associated calculations and catchment area plans. The stormwater infrastructure must be sized to accommodate at least the 5% AEP flows from a fully­developed catchment;

4.     Clearly distinguish between public and private infrastructure; and

5.     Be substantially in accordance with the LGAT Standard Drawings.

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

Advice: Once the engineered 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 obtain a Permit to Construct Public Infrastructure.

Reason for condition

To ensure Council’s hydraulic infrastructure meets acceptable standards.

ENG 3a

The access driveway, circulation roadways, and parking module (parking spaces and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004, 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.

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

The cost of any alterations to the Council’s or third­party infrastructure, including the site’s stormwater service connection points, incurred as a result of the proposed development works must be met by 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.

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 over any existing or proposed private drainage easements in favour of the lots they are required to serve.

Reason for condition

To ensure that there are no impediments to the provision of public and private services and access to the lots.

SURV 9

Any lots on the final plan created from the addition of sub minimal lots on the plan of subdivision are to be notated on the final plan.

The final plan must include notations in accordance with section 111 of the Local Government (Building and Miscellaneous Provisions) Act 1993, in relation to lot 2 to satisfy the above requirement.

Reason for condition

To ensure compliance with statutory provisions.

SURV 15

The final plan is to be notated in accordance with the provisions of section 83 (7) and 83 (5) (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 the lots on the plan and that the lots have been approved in principle for the installation of an aerobic wastewater treatment system with subsurface irrigation of secondary treated effluent on an amended soil / raised bed.

The final plan must be submitted for approval by Council. The final plan must be notated in accordance with the provisions of sections 83 (7) and 83(5) (b) of the Local Government (Building & Miscellaneous Provisions) Act 1993, to the satisfaction of the Council.

Reason for condition

To ensure that TasWater inability to provide a means of gravity reticulated sewerage disposal from the lots is noted on the final plan together with a record of the form of onsite sewerage treatment system that has been approved in principle by the Council.

ADVICE

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

You may require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Infrastructure Division to initiate the permit process).

NEW SERVICE CONNECTION

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

STORM WATER

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services By law. Click here for more information.

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.

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.

STORM WATER / ROADS / ACCESS

Services to be designed and constructed in accordance with the (IPWEA) LGAT – standard drawings. Click here for more information.