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City of hobart

 

 

 

 

AGENDA

City Planning Committee Meeting

 

Open Portion

 

Tuesday, 12 February 2019

 

at 5:00 pm

Lady Osborne Room, Town Hall


 

 

 

 

THE MISSION

Our mission is to ensure good governance of our capital City.

THE VALUES

The Council is:

 

about people

We value people – our community, our customers and colleagues.

professional

We take pride in our work.

enterprising

We look for ways to create value.

responsive

We’re accessible and focused on service.

inclusive

We respect diversity in people and ideas.

making a difference

We recognise that everything we do shapes Hobart’s future.

 

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 3

 

12/2/2019

 

 

ORDER OF BUSINESS

 

Business listed on the agenda is to be conducted in the order in which it is set out, unless the committee by simple majority determines otherwise.

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Co-Option of a Committee Member in the event of a vacancy  5

2.        Confirmation of Minutes. 5

3.        Consideration of Supplementary Items. 5

4.        Indications of Pecuniary and Conflicts of Interest. 5

5.        Transfer of Agenda Items. 6

6.        Planning Authority Items - Consideration of Items With Deputations. 6

7.        Committee Acting as Planning Authority. 7

7.1     Applications under the Hobart Interim Planning Scheme 2015  8

7.1.1       11 and 9 Stoney Steps Road, South Hobart - Dwelling, Driveway Upgrade and Associated Vegetation Clearance. 8

7.1.2       19 Lillie Street and Adjoining Right of Way, Glebe - Partial Demolition, Alterations and Extension and Two Multiple Dwellings (One New, One Existing) - PLN-18-573. 212

7.1.3       23 Marieville Esplanade, Sandy Bay - Refuelling Facility (Diesel Tank and Fuel Berth) and Associated Works. 324

7.1.4       1 Westringa Road, 10 Westringa Road, 20 Westringa Road Fern Tree and Adjacent Road Reserve - Subdivision (Boundary Adjustment), Dwelling, Partial Demolition, Alterations, Ancillary Dwelling, and Associated Hydraulic Infrastructure. 529

8          Reports. 692

8.1     Tasmanian Planning Scheme - Draft Hobart Local Provisions Schedule - Submission to Tasmanian Planning Commission. 692

8.2     Monthly Building Statistics - 1 January - 31 January 2019. 706

8.3     Annual Development Data 2018. 711

8.4     City Planning Advertising List 720

8.5     Delegated Decisions Report (Planning) 723

9.        Responses To Questions Without Notice. 727

9.1     Illegal Demolition of Heritage Buildings - Maximum Penalties. 728

9.2     Licenced Premises in Salamanca. 730

9.3     Planning Application Advice. 731

10.     Questions Without Notice. 732

11.     Closed Portion Of The Meeting.. 733

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 5

 

12/2/2019

 

 

City Planning Committee Meeting (Open Portion) held Tuesday, 12 February 2019 at 5:00 pm in the Lady Osborne Room, Town Hall.

 

COMMITTEE MEMBERS

Deputy Lord Mayor Burnet (Chairman)

Briscoe

Denison

Harvey

Behrakis

 

NON-MEMBERS

Lord Mayor Reynolds

Zucco

Sexton

Thomas

Dutta

Ewin

Sherlock

Apologies:

 

 

Leave of Absence: Nil.

 

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

 

 

2.       Confirmation of Minutes

 

The minutes of the Open Portion of the City Planning Committee meeting held on Tuesday, 29 January 2019 and the Special City Planning Committee meeting held on Monday, 4 February 2019, are submitted for confirming as an accurate record.

 

 

3.       Consideration of Supplementary Items

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

Recommendation

 

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

 

 

4.       Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

 

Members of the Committee are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.

 

5.       Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

 

A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

 

In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.

 

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

 

6.       Planning Authority Items - Consideration of Items With Deputations

 

In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the General Manager is to arrange the agenda so that the planning authority items are sequential.

 

In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.

 

Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.

 

RECOMMENDATION

 

That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 7

 

12/2/2019

 

 

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 No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 8

 

12/2/2019

 

 

7.1     Applications under the Hobart Interim Planning Scheme 2015

 

7.1.1   11 and 9 Stoney Steps Road, South Hobart - Dwelling, Driveway Upgrade and Associated Vegetation Clearance

            PLN-18-295 - FILE REF: F19/13699

Address:                         11 and 9 Stoney Steps Road, South Hobart

Proposal:                       Dwelling, Driveway Upgrade and Associated Vegetation Clearance

Expiry Date:                   20 February 2019

Extension of Time:       Not applicable

Author:                           Cameron Sherriff

 

 

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for dwelling, driveway upgrade and associated vegetation clearance at 1and 9 Stoney Steps Road, SOUTH HOBART for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

 

GEN

 

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­295 ­ 11 STONEY STEPS ROAD SOUTH 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 2018/00808­HCC dated 28/05/2018 as attached to the permit.

 

Reason for condition

 

To clarify the scope of the permit.

 

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).

 

Reason for condition

 

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

 

ENG sw4

 

The development must be drained to Council infrastructure taking into account the limited receiving capacity of Council’s infrastructure. Any new stormwater connection(s) required must be constructed by the Council at the owner’s expense prior to issue of a Certificate of Completion or first occupation, whichever comes first.

 

Detailed design drawings showing proposed services must be submitted and approved, prior to issue of any consent under the Building Act 2016. The detailed design drawings must include:

 

1.     The location of the proposed connections;

2.     The size and design of the connection such that they are appropriate to safely service the development given the limited receiving capacity of Council infrastructure;

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

4.     Clearly distinguish between public and private infrastructure; and

 

5.     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.

 

·        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 sw8

 

Stormwater detention for stormwater discharges from the development must be installed prior to issue of a Certificate of Completion.

 

A stormwater management report and design must be submitted and approved, prior to issue of any consent under the Building Act 2016. The stormwater management report and design must:

 

1.     Be prepared by a suitably qualified engineer;

2.     Include detailed design and supporting calculations of the detention tank, sized such that there is no increase in flows from the developed site up to 5% AEP storm events and such that flows are limited to the receiving capacity of the Dish Drain. All assumptions must be clearly stated;

 

3.     Include design drawings of the detention tank showing the layout, the inlet and outlet (including long section), the overflow mechanism;

4.     Provide clarification of the emptying times and outlet size; and

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).

 

·        The planning endorsed driveway can drain freely to council infrastructure, with the proposed house requiring detention. any increase in imperviousness from planning plans will be required to be detained as per the condition ENGsw8.

 

Reason for condition

 

To ensure the development’s stormwater system takes into account limited receiving capacity of Council’s infrastructure.

 

ENG 5

 

The number of car parking spaces approved on the site for use, is two (2).

 

Reason for condition

 

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

 

ENG 1

 

Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:

 

1.     Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or

 

2.     Be repaired and reinstated by the owner to the satisfaction of 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 10

An approved vegetation retention and revegetation plan must be implemented. A vegetation retention and revegetation plan, prepared by a suitably qualified person, must be submitted and approved prior to the issue of any approval under the Building Act 2016 and prior to the commencement of works.

 

The vegetation retention and revegetation plan must:

 

1.     Include a plan showing the location of existing cleared areas and the approved developments including the bushfire hazard management area, dwelling and wastewater land application area;

2.     Clearly illustrate and identify all existing native vegetation to be removed or modified;

3.     Clearly illustrate and identify all existing native vegetation to be retained;

4.     Include details of proposed landscaping of existing cleared areas within the bushfire hazard management area; and

5.     Include details of proposed revegetation of existing cleared areas that are located outside the approved bushfire hazard management area.

 

To be approved, the proposed vegetation retention and revegetation plan must:

 

1.     Be consistent with the requirements of the bushfire hazard management plan and bushfire hazard assessment report by Gifford Bushfire Risk Assessment dated 10 October 2018 and the recommendations of the Geotechnical summary, site classification and wind classification, by William C Cromer P/L dated October 2018;

2.     Aim to maximise the retention of native vegetation within the bushfire hazard management area and maximise revegetation of existing cleared areas with locally­occurring native species within the bushfire hazard management area;

3.     Aim to maximise the number of Eucalyptus globulus (blue gum) and Eucalyptus viminalis (white gum) trees in good condition (particularly the largest and healthiest trees);

4.     Propose full revegetation of existing cleared or disturbed areas outside the approved bushfire hazard management area with locally­occurring native species;

5.     Include specifications for ground preparation, protection, watering and maintenance of plantings to ensure long­term health and survival;

6.     Include vegetation protection measures to be followed during site works to ensure that vegetation to be retained is not damaged; and

 

 

 

7.     Be accompanied by a statement from an accredited bushfire hazard practitioner endorsing the proposed vegetation retention and revegetation plan as being consistent with the requirement of the bushfire hazard management plan and bushfire hazard assessment report by Gifford Bushfire Risk Assessment dated 10 October 2018.

 

Advice:

 

Once the vegetation retention and revegetation plan has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

Reason for condition

 

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values.

 

ENV 12

 

An approved weed management plan must be implemented.

 

A weed management plan, prepared by a suitably qualified person, must be submitted and approved prior to the issue of any approval under the Building Act 2016 and prior to the commencement of works.

 

The weed management plan must:

 

1.     Set out a methodology and program for eliminating/controlling woody environmental weeds on the lot;

2.     Include a concise action table that provides clear and detailed actions and the timing of each action;

3.     Include prescriptions to minimise impacts on native vegetation and minimise soil disturbance; and

4.     Include appropriate disposal methods.

 

 

 

 

Advice:

 

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

 

Reason for condition

 

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values.

 

ENV 15

 

All construction vehicles and machinery must be effectively cleaned of soil both before entering and before leaving the property.

 

Soil cleaned from construction vehicles and machinery must not be allowed, either directly or indirectly, to enter waterways or the Council’s stormwater system.

 

Advice:

 

Further information on effective measures for washdown can be found here.

 

Reason for condition

 

To minimise the spread of weeds and pathogens.

 

ENV 16

 

No soil is to be imported onto the site unless determined as being free of weed propagules when tested in accordance with AS 4419 Soils for Landscaping and Garden Use.

 

Reason for condition

 

To minimise the spread of weeds.

 

 

 

 

ENV 2

 

Sediment and erosion control measures, 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.

 

ENV s1

 

The wastewater management system, including land application area, must be sited within the bushfire hazard management area as close to dwelling as practicable.

 

 

 

Plans demonstrating compliance with this condition must be submitted and approved prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first.

 

Advice:

 

Once the plans demonstrating compliance with this condition have been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

Reason for condition

 

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values.

 

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 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.

 

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.

 

RIGHT OF WAY

 

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

 

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

 

WEED CONTROL

 

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.

 

FEES AND CHARGES

 

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

 

Attachment a:             PLN-18-295 - 11 STONEY STEPS ROAD SOUTH HOBART TAS 7004 - Planning Committee or Delegated Report

Attachment b:             PLN-18-295 - 11 STONEY STEPS ROAD SOUTH HOBART TAS 7004 - CPC Agenda Documents   


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7.1.2 19 Lillie Street and Adjoining Right of Way, Glebe - Partial Demolition, Alterations and Extension and Two Multiple Dwellings (One New, One Existing) - PLN-18-573

          File Ref: F19/13816

Memorandum of the Manager Development Appraisal of 7 February 2019 and attachments.

Delegation:     Council


Item No. 7.1.2

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Memorandum: City Planning Committee

 

19 Lillie Street and Adjoining Right of Way, Glebe - Partial Demolition, Alterations and Extension and Two Multiple Dwellings (One New, One Existing) - PLN-18-573

 

Planning application PLN-18-573 for partial demolition, alterations and extension and two multiple dwellings (one new, one existing) at 19 Lillie Street and adjoining right of way, Glebe was considered at the meeting of the City Planning Committee on 14 January 2019.  The application had an officer recommendation for approval subject to conditions.

At that meeting, the Committee resolved as follows:

That the item be deferred for a two week period to enable further discussions with the applicant.

Background

During the assessment of the application and prior to consideration by the Council’s City Planning Committee on 14 January 2019, Council officers had already negotiated a range of amendments with the developer.  These amendments (to the drawings that were publicly advertised) are all reflected by conditions of approval included within the officer recommendation to Council’s Elected Members.  Those amendments broadly include:

·    Requiring the front fence to be lower and no less than 30% transparent;

 

·    Requiring the proposed gable roof over the new, rear dwelling to be replaced by a lower skillion roof;

 

·    Requiring the proposed new doors in the northern side elevation to be made smaller;

 

·    Requiring a proposed upper level, rear-facing deck to be deleted from the proposal and, if replaced, to be replaced by either a maximum of 3 skylights or 2 dormer windows;

 

·    Requiring additional detail regarding the separation between the proposed new development at the rear of the building and the existing heritage listed house;

 

·    Requiring external colours and materials to reflect those within the local streetscape and precinct.

For reference, those amendments were shown as sketched changes and annotations on a set of drawings that formed Attachment D to the officer report previously considered by Committee.  Those annotated drawings are Attachment D to this memorandum.

While adjoining neighbours have indicated that they are fully supportive of all proposed amendments and associated conditions that relate to the existing dwelling, they indicated at the Committee meeting that still had concerns regarding the additional dwelling proposed at the rear of the existing dwelling.  Post-deferral discussions between the developer and neighbours therefore focussed on those remaining concerns.

Discussion

Following deferral by the City Planning Committee, an onsite meeting was held between the owner and his architect, neighbours from adjoining properties and the Council’s Manager Development Appraisal.  At that meeting, the neighbours remaining concerns were discussed, and the subject site was visited and then viewed from three adjoining properties (12 Davenport Street, 14 Davenport Street and 21 Lillie Street).

The main issues raised by neighbours at the onsite meeting were:

1.   Concern that the proposed boundary fences at the rear of the property weren’t high enough to prevent overviewing into gardens and rooms between properties;

 

2.   Concern that the skillion roof required by condition to replace the originally-proposed gable roof was still too high, with a preference that it be replaced by a roof that was essentially flat (ie. 1-2 degrees fall) to reduce the visibility of the additional dwelling;

 

3.   A preference that the additional dwelling be lowered by removing the proposed car space;

 

4.   A preference that gas or another form of heating be utilised instead of the proposed wood heater, as wood heaters cause smoke which hangs around the Glebe on calm days and nights.

 

After viewing the subject site from various neighbouring sites and discussions with individual neighbours, the owner of 19 Lillie Street has agreed to make further changes to the rear boundary fence in addition to the changes already negotiated with Council officers (detailed in ‘Background’ above).

More specifically, the owner has agreed to build a higher back fence, made from concrete blocks, with a timber paling extension on top to provide additional height.

The wall/fence as suggested would vary in height as it steps down the slope, ranging in total height from approximately 2.1m at its lower end to approximately 3.8m at its highest point as viewed from the property to the rear at 14 Davenport Street. 

Sketches showing the proposed boundary fence from the adjoining Davenport Street back yards and the existing view from those backyards form Attachment E to this memorandum.

The owner of 19 Lillie Street is not prepared to lower the skillion roof further or to delete the parking space from the additional dwelling, indicating that the skillion roof was a major concession in deleting the originally-proposed gable roof, that it facilitates glimpse views of kunanyi /Mount Wellington, and is necessary to achieve the average internal ceiling height in the living room of 2.4m as required by the Building Code of Australia.  They indicate that deleting the car space would not allow the northeast end of the additional dwelling to be lowered without ‘pushing’ the building below ground.

While not a matter regulated by the Planning Scheme, the owner has agreed to use gas heaters instead of wood heaters.

Conclusion

While the developer and neighbouring property owners should be commended for the respectful manner in which discussions were held, the rear wall/fence to the heights suggested by the attached sketch plan is over the 2.1 metre height that is ‘planning exempt’ (under clause 6.4 of the Hobart Interim Planning Scheme 2015), and creates a discretion under the ‘setbacks and building envelope’ provisions for the Inner Residential Zone that hasn’t been considered as part of the application’s formal assessment.  It therefore cannot be required via a condition to any planning permit the Council may issue for this planning application (PLN-18-573), and requires a planning permit in its own right.  Advice to this effect is therefore recommended for any planning permit issued.

 

The applicant and neighbours who attended the onsite meeting have been advised of this matter and the need for the rear wall/fence to be the subject of a separate planning application.

 

The report containing the officer assessment of the proposal is attached to this memorandum.  It recommends approval of the proposal subject to conditions, including those already negotiated with the owner, and advice as indicated above.

An extension of time has been granted by the applicant until 5 March 2019.

REcommendation

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 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.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Rohan Probert

Manager Development Appraisal

 

 

Date:                            7 February 2019

File Reference:          F19/13816

 

 

Attachment a:             PLN-18-573 - 19 LILLIE STREET GLEBE TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-18-573 - 19 LILLIE STREET GLEBE TAS 7000 - CPC Agenda Documents

Attachment c:            PLN-18-573 - 19 LILLIE STREET GLEBE TAS 7000 - Planning Referral Officer Cultural Heritage Report

Attachment d:            PLN-18-573 - 19 LILLIE STREET GLEBE TAS 7000 - Agenda - Applicant Submission of Proposed Changes to Satisfy Conditions

Attachment e:             PLN-18-573 - 19 Lillie Street, Glebe - Sketches of Proposed Boundary Fence from Adjoining Davenport Street Back Yards and Existing View from those Backyards   


Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

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ATTACHMENT a

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

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ATTACHMENT b

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

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ATTACHMENT b

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

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Agenda (Open Portion)

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Agenda (Open Portion)

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12/2/2019

 

 

7.1.3   23 Marieville Esplanade, Sandy Bay - Refuelling Facility (Diesel Tank and Fuel Berth) and Associated Works

            PLN-18-690 - FILE REF: F19/12826

Address:                         23 Marieville Esplanade, Sandy Bay

Proposal:                       Refuelling Facility (Diesel Tank and Fuel Berth) and Associated Works

Expiry Date:                   7 March 2019

Extension of Time:       Not applicable

Author:                           Adam Smee

 

 

REcommendation

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 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.

 

Attachment a:             PLN-18-690 - 23 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 - Planning Committee or Delegated Report

Attachment b:             PLN-18-690 - 23 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 - CPC Agenda Documents

Attachment c:            PLN-18-690 - 23 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 - Referral Officer Report - Environmental Development Planner   


Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

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ATTACHMENT a

 

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

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ATTACHMENT b

 

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

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Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

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ATTACHMENT b

 

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7.1.4   1 Westringa Road, 10 Westringa Road, 20 Westringa Road Fern Tree and Adjacent Road Reserve - Subdivision (Boundary Adjustment), Dwelling, Partial Demolition, Alterations, Ancillary Dwelling, and Associated Hydraulic Infrastructure

            PLN-18-401 - FILE REF: F19/13014

Address:                         1 Westringa Road, 10 Westringa Road, 20 Westringa Road, Fern Tree and Adjacent Road Reserve

Proposal:                       Subdivision (Boundary Adjustment), Dwelling, Partial Demolition, Alterations, Ancillary Dwelling, and Associated Hydraulic Infrastructure

Expiry Date:                   25 March 2019

Extension of Time:       Not applicable

Author:                           Adam Smee

 

 

REcommendation

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 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.

 

WORKS INVOLVING, OR IN PROXIMITY OF SERVICE EASEMENTS

 

As it is proposed to build a dwelling over the Drainage Easement 1.52 m wide on Sealed Plan 6642 the consent of the beneficiaries of the easement will be required in accordance with section 74 of the Building Act 2016;

 

A person must not perform any building work over or within a service easement unless the person obtains written consent to do so from the person on whose behalf the service easement was created.

 

FUTURE DRAINAGE THROUGH DRAINAGE EASEMENT

 

In order to facilitate any future drainage that may be required through the drainage easement 1.52 m wide on SP 6642, the applicant should consider installing a pipe with blank caps within the easement that it is proposed to build the ancillary dwelling over.

 

DIAL BEFORE YOU DIG

 

Click here for dial before you dig information.

 

Attachment a:             PLN-18-401 - 1 WESTRINGA ROAD FERN TREE TAS 7054 - Planning Committee or Delegated Report

Attachment b:             PLN-18-401 - 1 WESTRINGA ROAD FERN TREE TAS 7054 - CPC Agenda Documents   


Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

Page 549

ATTACHMENT a

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

Page 566

ATTACHMENT b

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

Page 605

ATTACHMENT b

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

Page 606

ATTACHMENT b

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

Page 619

ATTACHMENT b

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

Page 622

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 12/2/2019

Page 683

ATTACHMENT b

 

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Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 705

 

12/2/2019

 

 

8        Reports

 

8.1    Tasmanian Planning Scheme - Draft Hobart Local Provisions Schedule - Submission to Tasmanian Planning Commission

          File Ref: F19/6057; 32-13-7

Report of the Manager Planning Policy and Heritage and the Director City Planning of 7 February 2019 and attachments.

Delegation:     Council


Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 706

 

12/2/2019

 

 

REPORT TITLE:                  Tasmanian Planning Scheme - Draft Hobart Local Provisions Schedule - Submission to Tasmanian Planning Commission

REPORT PROVIDED BY:  Manager Planning Policy and Heritage

Director City Planning

 

1.         Report Purpose and Community Benefit

1.1.     This purpose of this report is to seek Council’s endorsement of the draft Hobart Local Provisions Schedule (LPS) (Attachments A and B) for submission to the Tasmanian Planning Commission (TPC).

2.         Report Summary

2.1.     This report seeks the Council’s endorsement of the draft Hobart Local Provisions Schedule (Attachments A and B) for submission to the TPC.

2.2.     The implementation of the draft LPS will be undertaken in accordance with the process set out in Part 3A of LUPAA.  An overview of the assessment/approval process post submission to the TPC is outlined in the flowchart in Attachment D.

2.3.     The draft LPS is comprised of the zone and overlay maps, local area objectives, lists relevant to codes, particular purpose zones, specific area plans, and any site specific qualifications for specific circumstances.

2.4.     The drafting of the Hobart LPS has mostly been a translation exercise from the existing Hobart Interim Planning Scheme 2015 (HIPS2015) and the Sullivans Cove Planning Scheme 1997 (SCPS1997).  The more significant changes are summarised in section 4 of this report.  Further detail is provided in the Supporting Report (Attachment E).

2.5.     Following assessment by the TPC, the draft LPS will be placed on public exhibition for a 60 days period and members of the public will have the opportunity to make written representations. 

2.6.     Council will have the ability to reconsider the draft LPS in the light of any representations received and make appropriate recommendations to the TPC.

 


 

3.         Recommendation:

 

That Council:

1.      Resolves that it is satisfied that the draft Hobart Local Provisions Schedule (Attachments A and B) meets the Local Provisions Schedule criteria prescribed in Section 34 of the Land Use Planning and Approvals Act 1993.

2.      Endorses the draft Hobart Local Provisions Schedule (Attachments A and B) and the Hobart Local Provisions Schedule Supporting Report (Attachment E) for submission to the Tasmanian Planning Commission under Section 35(1) of the Land Use Planning and Approvals Act 1993.

3.      DELEGATE under Section 6 of the Land Use Planning and Approvals Act 1993, the following powers and functions to the Director City Planning:

(a)     Modify the draft Hobart Local Provisions Schedule if a notice is received from the Tasmanian Planning Commission under Section 35(5)(b) of the Land Use Planning and Approvals Act 1993, or agree to such modifications being undertaken by the Tasmanian Planning Commission under Section 35(5)(c); and

(b)    Exhibit the draft Hobart Local Provisions Schedule in accordance with Section 35C and 35D of the Land Use Planning and Approvals Act 1993.

4.      Endorse the notification of individual property owners affected by the matters detailed in Section 9.3 of this report about the exhibition of the draft Hobart Local Provisions Schedule.

 

4.         Background

4.1.     In 2015, the Tasmanian Government amended the Land Use Planning and Approvals Act 1993 (LUPAA) to introduce a single state-wide planning scheme. The Tasmanian Planning Scheme is made up of two parts: the State Planning Provisions (SPPs) and Local Provisions Schedules (LPSs) as shown in the figure below:

4.2.     The SPPs were declared by the Minister for Planning on 22 February 2017 following public consultation. The SPPs are available here: https://planningreform.tas.gov.au/     data/assets/pdf_file/0014/412322/State- Planning-Provisions-Draft-Amendment-01-2017-compiled-version.PDF

4.3.     The TPC has also prepared Guideline No. 1 Local Provisions Schedule: Zone and Code Application, June 2018 (Guideline No.1) under S8A of LUPAA, which sets out additional rules for the application of zones and codes (Attachment C).

4.4.     The Minister for Planning has written to all planning authorities advising that it is his aim that all LPSs be submitted to the TPC by 30 June 2019 and has directed the State LPS Steering Committee to work with every planning authority to do what is necessary to achieve this.

5.         Proposal and Implementation

5.1.     It is proposed that Council endorse the draft Hobart LPS (Attachments A and B) for submission to the TPC under Section 35(1) of LUPAA.  A link to the web based version of the zone and overlay maps is provided here: https://hobartcc.maps.arcgis.com/apps/webappviewer/index.html?id=54a67406b9284ba3bffa459673716e96


 

5.2.     The implementation of the LPS will be undertaken in accordance with the process set out in Part 3A of LUPAA.  An overview of the assessment/approval process post submission to the TPC is outlined in the flowchart in Attachment D.

5.3.     Section 34(2) of LUPAA, requires an LPS to:

5.3.1.     contain all the provisions specified by the SPPs;

5.3.2.     be in accordance with section 32 of LUPAA (which outlines how the LPS is constructed);

5.3.3.     further the objectives set out in Schedule 1 of LUPAA;

5.3.4.     be consistent with each State policy;

5.3.5.     be consistent with the relevant Regional Land Use Strategy;

5.3.6.     be consistent with Council’s strategic plan;

5.3.7.     be consistent with, as far as practicable, the LPS provisions of neighbouring Councils, and

5.3.8.     have regard to the safety requirements set out in the standards prescribed under the Gas Pipelines Act 2000.

5.4.     In preparing and submitting its LPS, Council must demonstrate that the LPS complies with the requirements of LUPAA.  The Council must determine the most appropriate zones to apply to land from the list of available zones in the SPPs and where to apply the relevant codes.

5.5.     The Council must also determine whether over-riding local provisions are to be included in Particular Purpose Zones, Specific Area Plans or Site Specific Qualifications.

5.6.     When including local provisions that substitute, modify or add to the SPPs, Section 32(4) of LUPAA requires that the Council demonstrate that:

5.6.1.     the use or development to which the provision relates is of significant social, economic or environmental benefit to the State, region or municipal area; or

5.6.2.     the area of land has particular environmental, economic, social or spatial qualities that require unique provisions.

5.7.     Schedule 6 Savings and Transitional Provisions of LUPAA provides for some existing provisions in Interim Planning Schemes to be carried forward directly to the LPS, without the need for justification under Section 32(4). However, there are limitations as to the degree to which transitional provisions can be altered. ‘Permitted alterations’ are defined in Schedule 6 of LUPAA.

5.8.     These transitional arrangements were primarily aimed at transferring existing planning scheme lists such as heritage lists, however, they also apply to some existing Specific Area Plans (SAP’s).

5.9.     The Hobart Local Provisions Schedule Supporting Report (Attachment E) has also been drafted to accompany the draft LPS.  It indicates how the draft LPS meets the requirements under S.32 and s.34 of LUPAA, the S8A Guidelines and the Southern Tasmania Regional Land Use Strategy 2010 - 2035.

 

Hobart Local Provisions Schedule

5.10.   The LPS is comprised of the zone and overlay maps, local area objectives, lists relevant to codes, particular purpose zones, specific area plans, and any site specific qualifications for specific circumstances.

5.11.   The drafting of the Hobart LPS has mostly been a translation exercise from the existing Hobart Interim Planning Scheme 2015 (HIPS2015) and the Sullivans Cove Planning Scheme 1997 (SCPS1997).  The more significant changes are outlined below.  Further detail is provided in sections 4 to 8 of the Supporting Report (Attachment E):

Zones

5.12.   Land currently zoned Environmental Living under the HIPS2015 has been rezoned to either Rural Living or Landscape Conservation as the Environmental Living Zone was not carried through into the SPPs.  In accordance with Guideline No. 1 the zone allocation has been based on lot size, landscape values and vegetation type and quality. Attachment C to the Supporting Report (Attachment E) provides a detailed assessment in relation to reallocation of the Environmental Living Zone.

5.13.   Land currently zoned Rural Living has been divided into the sub-categories; A, B, C and D largely based on lot size in order to maintain the status quo in terms of development potential under the existing zoning in the HIPS2015.

5.14.   Schools that are currently in residential zones have been rezoned to Community Purpose Zone in accordance with Guideline No. 1.

5.15.   The current Central Business Zone has been extended to cover all of the street blocks bounded by Harrington, Melville and Brisbane Streets and Brooker Avenue.  Attachment H to the Supporting Report (Attachment E) provides a detailed assessment in relation to this zone change.

5.16.   Minor adjustments to reflect current property boundaries and to remove redundant split zonings have also been made.  Many of these changes are in relation to the Open Space Zone following boundary changes as a result of subdivision and allocation of public open space.  More detail in relation to these changes is provided in Attachment B to the Supporting Report (Attachment E).

 

 

Particular Purpose Zones

5.17.   All of the current Particular Purpose Zones (PPZ) have been retained.  New PPZ have been included for Selfs Point, Sullivans Cove, Macquarie Point and Huon Quays.

5.18.   The Sullivans Cove PPZ covers the area occupied by the Sullivans Cove Planning Scheme (SCPS1997) excluding Macquarie Wharf, Macquarie Point, the Cenotaph and Domain and Huon Quays. The PPZ contains use tables, use, development and subdivision standards that are translated from the provisions of the SCPS1997 and are designed to be consistent with the activity area controls and the strategic framework of the SCPS1997.  A detailed explanation of the Sullivans Cove PPZ provisions is provided in Attachment B to the Supporting Report (Attachment E).

5.19.   The Huon Quays PPZ is intended to support the existing use of the site for port and marine related activities and to protect the heritage significance of buildings such as the Drill Hall and Commanders Residence while providing for development that reflects the landscape values of the site. The PPZ contains a use table, use, development and subdivision standards that are translated from the provisions of the SCPS1997 as detailed in Attachment F to the Supporting Report (Attachment E).

5.20.   The provisions for Macquarie PPZ will not be finalised until the current planning scheme amendment process under Division 3 of the Macquarie Point Development Corporation Act 2012 has concluded.  This is expected prior to final approval of the LPS.

Specific Area Plans

5.21.   The current SAPs for Gregory Street, North Hobart and the RHH Flight Path have been translated from the current planning scheme provisions. The terminology and format has been amended to be consistent with the SPPs.

5.22.   New SAPs have been drafted for the Central Business, Commercial and Light Industrial Zones, the Battery Point Heritage Precinct, Calvary Hospital Surrounds, New Town Road and the Lower Sandy Bay escarpment.

5.23.   The Hobart Central Business Zone SAP is largely a translation of the current provisions in the HIPS2015 Central Business Zone.  A SAP is considered justified as the Central Business Zone in the SPPs provides for development within primary centres throughout the state and its standards are not appropriate for the existing and future development that is desired for the state’s capital city.  The permitted building height for example is 20m.


 

5.24.   The purpose of the Hobart Light Industrial Zone SAP is to accommodate the existing operation of the light industrial areas in North Hobart.  These areas are not representative of a usual industrial estate given the relatively small lot size and location in close proximity to residential zones.  As such, the range of permitted and discretionary uses provided for in the SPP Light Industrial Zone is not appropriate for this area. The SAP substitutes the SPP use table and prohibits more intensive uses such as port and marine, transport depot and distribution, crematoria and cemeteries, domestic animal breeding boarding and training and recycling and waste disposal.

5.25.   The purpose of the Hobart Commercial Zone SAP is to accommodate the existing mix of uses in the commercial areas along Argyle, Campbell Street, Harrington and Murray Streets.  These areas provide for some of the commercial needs of the City, but the unique mix of uses currently supported in these areas are not reflected by the use table of the SPP Commercial Zone or any other alternative zone.  For example, residential uses are actively encouraged in the Hobart Commercial Zone areas but are prohibited in the SPP Commercial Zone use table, which is not appropriate for Hobart’s commercial area.

5.26.   The Battery Point SAP is intended to be a translation of existing provisions for the heritage precinct BP1 in the HIPS2015. These precinct provisions were in turn a translation of the policy intent of the previous Battery Point Planning Scheme 1979. The purpose of the specific area plan is therefore to maintain the longstanding character and heritage values of the area which are not provided for in the SPP zones and codes.  The SAP substitutes development standards for residential density, building setbacks and building height. This is to maintain the existing pattern of development that is unique to Battery Point and is not compatible with the building envelope provisions of the Inner Residential Zone or the height and setback requirements of the Urban Mixed Use Zone.

5.27.   The Calvary Hospital Surrounds SAP is a translation of existing provisions in the General and Inner Residential Zones in the HIPS2015. The purpose of the SAP is to maintain the residential character and amenity of the area and to prevent a concentration of medical related uses in the residential area around Calvary Hospital. 

5.28.   The New Town Road SAP is a translation of existing provisions in the Urban Mixed Use Zone in the HIPS2015.  The purpose of the SAP is to maintain the existing mix of residential and commercial uses and ensure that the area does not develop into a retail shopping strip.


 

5.29.   The Lower Sandy Bay Escarpment SAP is largely a translation from similar provisions in the HIPS2015.  The SAP standards provide for setbacks from the Lower Sandy Bay Escarpment Line and maintains the 25% site coverage provision.  The principal change relates to the permitted lot size for subdivision in the Low Density Residential Zone which currently for the Lower Sandy Bay area (previously referred to as Precinct 33) is 520m2 if less than 20% gradient or 750m2 if more than 20% gradient.  This is significantly less than the current permitted minimum lot size of 1000m2 in the remainder of the Low Density Residential Zone.

5.30.   The minimum lot size in the SPPs Low Density Residential Zone is 1500m2 and it is considered appropriate to apply this standard in the area covered by the Lower Sandy Bay Escarpment SAP as it is consistent with the purpose of the Low Density Residential Zone and consistent with the permitted multiple dwelling density standard of 1500m2 site area per dwelling in both the HIPS2015 and the SPPs.  The permitted minimum lot size of 1500m2 will reduce the theoretical potential for new lots in the area covered by the SAP from 20 to 5.

Codes

5.31.   The application of the various codes is outlined in section 5 of the Supporting Report (Attachment E).

5.32.   The current Biodiversity Code in the HIPS2015 has been replaced by the Natural Assets Code which contains a new priority vegetation area overlay.  The vegetation of local importance has been identified by mapping undertaken by Natural Resource Management Pty Ltd using the ‘Regional Ecosystem Model’ which is based on a complex layering of biodiversity values.  The Southern Tasmania Council Authority engaged Natural Resource Management to run the model for each of the councils in the southern region in order to provide a consistent approach across all municipal areas. 

5.33.   The SPPs does not contain a Significant Trees Code however provision is made for a significant trees list in the Local Historic Heritage Code.  The trees listed as significant trees in Table HOB-C6.5 are a translation of those trees listed as significant in the HIPS2015 and the trees identified in the Heritage Schedule in the SCPS1997.  The Significant Tree Register (Attachment G) is listed as an ‘Applied, Adopted or Incorporated Document’ in the LPS and referenced in HOB-Table C6.5.

5.34.   The Hobart LPS includes a Code list of local historic heritage places. As the Code does not apply to places listed on the Tasmanian Heritage Register these places have been removed from the current lists in the HIPS2015 and the SCPS1997 and not included in the Hobart LPS.

5.35.   An overlay map is provided for Local Historic Landscape Precincts, Local Historic Heritage Places, Local Historic Heritage Precincts, Places and Precincts of Archaeological Potential and Significant Trees.

5.36.   The places and precincts to which the Local Historic Heritage Code applies are primarily a translation of the lists under the HIPS 2015 and SCPS1997, aside from minor clarifications and removal of places listed on the Tasmanian Heritage Register.  Over 40 additional places have been added to the list.  Statements of significance for these places are provided in Attachment E of the Supporting Report (Attachment E).

5.37.   Following a detailed review of each heritage precinct the Local Heritage Precinct statements have been revised from those in the HIPS 2015 to more accurately and specifically reflect the significant characteristics of those areas.  The description, statement of local heritage significance and design criteria / conservation policy for each of these precincts is provided in a separate document (Attachment F).  This is listed as an ‘Applied, Adopted or Incorporated Document’ in the LPS and referenced in HOB-Table C6.2 Local Heritage Precincts.

5.38.   The heritage precinct review also identified the need for some minor changes to heritage precincts and boundaries, the creation of 3 new precincts and the removal of 3 existing precincts.  These changes are shown in Attachment G of the Supporting Report (Attachment E).

5.39.   A new Local Historic Landscape Precinct (Southern Queens Domain) has been added and the Foreshore Precinct extended south to Macquarie Point as recommended in the Queens Domain Management Plan.  This area was previously covered by the SCPS1997.

 

Local Provisions Schedule Process

5.40.   Councils are required to submit their draft LPS to the TPC for consideration prior to the public exhibition and assessment process.

5.41.   Councils are required under LUPAA to publicly exhibit their draft LPS for 60 days.

5.42.   The LUPAA provides that any person can make a representation on the draft LPS within that period.  Representations cannot be made in relation to the SPPs or any provision that is transitioned from the existing HIPS2015 under the Schedule 6 Savings and Transitional provisions.  The Council will then report to the TPC on the representations it has received.

5.43.   The TPC will undertake the statutory assessment of representations on the draft LPS and conduct public hearings.

5.44.   The Tasmanian Planning Scheme will come into effect in each council area when the LPS which applies the SPPs in that area is finalised.

6.         Strategic Planning and Policy Considerations

6.1.     The implementation of the Hobart LPS through the Tasmanian Planning Scheme will influence the achievement of the strategic objectives in the Capital City Strategic Plan 2015-2025 particularly in relation to:

6.1.1.     Goal 2 Urban Management - City planning promotes our city’s uniqueness, is people-focused and provides connectedness and accessibility:

6.1.1.1.      2.1 A fully accessible and connected city environment;

6.1.1.2.      2.2 A people-focused city with well-designed and well managed urban and recreation spaces;

6.1.1.3.      2.3 City and regional planning ensures quality design, meets community needs and maintains residential amenity;

6.1.1.4.      2.4 Unique heritage assets are protected and celebrated.

6.1.2.     Goal 3 – Environment And Natural Resources - An ecologically sustainable city maintains its unique character and values our natural resources:

6.1.2.1.      3.1 Increased resilience to climate change;

6.1.2.2.      3.2 Strong environmental stewardship;

6.1.2.3.      3.3 A highly valued natural and cultural open space network;

6.1.2.4.      3.4 Leadership in environmental performance with the efficient use of natural resources.

6.2.     The implementation of the Hobart LPS is also relevant to the community aspirations for the future of Hobart as articulated in: Hobart: A community vision for our island capital, particularly in relation to the statements in:

6.2.1.     Pillar 1. Sense of Place: We are a city of unique beauty, environment, heritage and people, built on a shared sense of ownership, pride and wonder.

6.2.2.     Pillar 4. City Economies: We are a city whose economies connect people, businesses, education and government to create a high-quality lifestyle in a thriving and diverse community. Our city is our workshop. We collaborate, embracing ideas, inventiveness and initiative.

6.2.3.     Pillar 5. Movement and Connectivity: We are a city where everyone has effective, safe, healthy and environmentally-friendly ways to move and connect, with people, information and goods, and to and through spaces and the natural environment. We are able to maintain a pace of life that allows us to fulfil our needs, such as work, study, business, socialising, recreation, accessing services, shopping, entertainment and spending time with loved ones.

6.2.4.     Pillar 6. Natural Environment: We are a city whose people see ourselves as part of a beautiful and unique natural environment, from the mountain to the river, which embrace us and shape our identity. We are proud custodians and advocates, ensuring resources are appreciated rather than wasted, supporting biodiverse ecosystems in honour of past, current and future generations.

6.2.5.     Pillar 7. Built Environment: We are a city that maintains our unique built and ecological character, where we all have a safe, secure and healthy place to live. We are a city where people and communities can access world-class services and infrastructure and provide for their social, cultural and economic wellbeing.  We embrace change but not at the expense of our Hobart identity and character.

6.3.     If the local provisions incorporating the; Particular Purpose Zones, Specific Area Plans, Site Specific Qualifications, code lists and overlays and zone application proposed in the Hobart LPS are approved, it is considered that the draft LPS will assist in the achievement of the strategic objectives in the Capital City Strategic Plan 2015-2025 as outlined above and will result in outcomes generally consistent with the community vision.

6.4.     It is considered however that aspects of the SPPs Local Historic Heritage Code will not assist in the achievement some of the strategic objectives of the Capital City Strategic Plan 2015-2025 particularly in relation to Goal 2 Urban Management - 2.4 Unique heritage assets are protected and celebrated and the community vision in relation to Pillar 1: Sense of Place and Pillar 7: Built Environment.  The SPPs Local Historic Heritage Code as drafted does not apply to places listed on the Tasmanian Heritage Register and the standards applying to heritage precincts do not apply to individually listed places within precincts.  This is considered to be a significant weakening of the ability to protect the heritage significant of places and precincts in Hobart.

7.         Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     No impact on current year operating result.

7.2.     Impact on Future Years’ Financial Result

7.2.1.     None anticipated.

7.3.     Asset Related Implications

7.3.1.     None.

8.         Legal, Risk and Legislative Considerations

8.1.     The implementation of the SPPs and the LPS will be undertaken in accordance with the process set out under LUPAA.

9.         Environmental Considerations

9.1.     The SPP does contain a number of codes dealing with hazards and environmental issues including issues related to climate change in the Coastal Inundation Hazard and Coastal Erosion Hazard Codes.

10.      Community and Stakeholder Engagement

10.1.   Following assessment by the TPC, the draft LPS will be placed on public exhibition for a 60 days period and members of the public will have the opportunity to make written representations. 

10.2.   The public exhibition process will include media advertising, media releases, a public briefing, drop-in session, dedicated web page and an article in Capital City News (if timing permits). 

10.3.   It is also proposed that individual property owners be notified in relation to the exhibition of the draft LPS where it is considered that the provisions are significantly different.  This will be in relation to the following:

10.3.1.  Environmental Living Zone rezoning to either Rural Living or Landscape Conservation;

10.3.2.  Allocation of land zoned Rural Living into categories A, B, C and D;

10.3.3.  Rezoning of schools to Community Purpose;

10.3.4.  The Central Business Zone extension into blocks bound by Harrington, Melville and Brisbane Streets and Brooker Avenue;

10.3.5.  The extension of the Active Frontage Overlay along Elizabeth Street;

10.3.6.  Zone boundary changes affecting private property as detailed in Attachment B to the Supporting Report (Attachment E);

10.3.7.  The listing of new heritage places as detailed in Attachment E of the Supporting Report (Attachment E);

10.3.8.  All properties included within Heritage Precincts; and

10.3.9.  All properties within the Lower Sandy Bay Escarpment Specific Area Plan.

10.4.   It is not considered necessary to conduct an informal consultation process prior to submission of the draft LPS to the TPC as in most cases the LPS provisions are a translation of the provisions from the current planning schemes without any policy change.  These schemes have been through a lengthy informal consultation, statutory exhibition and hearing process.  An informal consultation process would also require interested members of the public to engage in the process twice and has the potential to create confusion, misunderstandings of legal rights and delay the formal exhibition process.

10.5.   Council will have the ability to reconsider the draft LPS in the light of any representations received and make appropriate recommendations to the TPC.

11.      Delegation

11.1.   It is likely that the TPC will require editorial modifications to the draft LPS prior to exhibition.  It is proposed that the Director City Planning be given delegation to modify the draft Hobart LPS if a notice is received from the TPC under LUPAA Section 35(5)(b), or agree to such modifications being undertaken by the TPC under Section 35(5)(c) and also exhibit the draft Hobart LPS in accordance with Section 35C and 35D of LUPAA.

 

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

James McIlhenny

Manager Planning Policy and Heritage

Neil Noye

Director City Planning

 

Date:                            7 February 2019

File Reference:          F19/6057; 32-13-7

 

 

Attachment a:             Draft Hobart Local Provisions Schedule (Supporting information)  

Attachment b:             Hobart LPS Zone and Overlay Maps (Supporting information)  

Attachment c:            Guideline No 1 Zone and Code Application (Supporting information)  

Attachment d:            LPS Approval Process Flowchart (Supporting information)  

Attachment e:             Hobart LPS Supporting Report (Supporting information)  

Attachment f:             Local Heritage Precincts (Supporting information)  

Attachment g:            Significant Tree Register Feb 2019 (Supporting information)    


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8.2    Monthly Building Statistics - 1 January - 31 January 2019

          File Ref: F19/13011

Memorandum of the Director City Planning of 7 February 2019 and attachments.

Delegation:     Council


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Memorandum: City Planning Committee

 

Monthly Building Statistics - 1 January - 31 January 2019

 

Attached is the Monthly Building Statistics for the period of 1 January 2019 – 31 January 2019.

 

REcommendation

That the information be received and noted:

 

The Director City Planning reports:

 

A.    1.    During the period 1 January 2019 to 31 January 2019, 45 permits were issued to the value of $49,887,762 which included:

 

(i)    22 for Extensions/Alterations to Dwellings to the value of $1,842,977;

 

(ii)    8 New Dwellings to the value of $3,226,000; and

 

(iii)   4 Major Projects:

 

(a)   34 Argyle Street, Hobart – New Building (Stage 3, Fit-Out) - $27,000,000;

 

(b)   126 Bathurst Street, Hobart – (The Commons) – New Multi Story x 30 Dwellings (Stage 2) - $9,900,000;

 

(c)   286 Argyle Street, North Hobart – Change of Use to Residential Property X 12 Apartments - $4,000,000; and

 

(d)   1 Fisher Avenue. Sandy Bay – Commercial Internal Alterations (Year 5 and 6, Fahan School) - $1,500,000.

 

 

 

 

       2.     During the period 1 January 2018 to 31 January 2018, 39 permits were issued to the value of $82,425,503 which included:

 

               (i)    20 Extensions/Alterations to Dwellings to the value of $1,950,100;

 

               (ii)   4 New Dwellings to the value of $1,768,923; and

 

               (iii)   3 Major Projects:

 

(a)   19-27 Campbell Street, Hobart – (New Performing Arts Centre – New Building/Main Stage) - $73,000,000;

 

(b)   48 Liverpool Street, Hobart – (RHH Service Tunnel) – Alterations and Additions - $4,000,000; and

 

(c)   5 Dresden Street, Sandy Bay – New Building and Structures - $1,000,000;

 

B.    1.     In the twelve months ending 31 January 2019, 654 permits were issued to the value of $488,523,611; and

 

        2.     In the twelve months ending 31 January 2018, 711 permits were issued to the value of $331,603,833.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Neil Noye

Director City Planning

 

 

Date:                            7 February 2019

File Reference:          F19/13011

 

 

Attachment a:             Building Permits Issued (Accumulative Monthly Totals) 5 Year Comparison.pdf

Attachment b:             Building Permits Value (Accumulative Monthly Totals) 5 Year Comparison.pdf   


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8.3    Annual Development Data 2018

          File Ref: F19/11450

Memorandum of the Director City Planning of 6 February 2019 and attachments.

Delegation:     Committee


Item No. 8.3

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Memorandum: City Planning Committee

 

Annual Development Data 2018

 

The purpose of this report is to provide the Council with information on commercial and residential development within the municipality during 2018.

 

The information that is attached is:

 

·    Major building approvals ($1.5 million and over) issued in 2018.

·    Building Activity Graph showing a breakdown of the type of development being undertaken showing a comparison with the previous four years;

·    Visitor Accommodation approvals April 2018 – December 2018; and

·    Building approved residential development 2018.

 

REcommendation

That the information be received and noted.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Neil Noye

Director City Planning

 

 

Date:                            6 February 2019

File Reference:          F19/11450

 

 

Attachment a:             Major Developments Over 1.5 million 2018

Attachment b:             Building Activity Graph (1 Jan 2015 - 31 Dec 2018)

Attachment c:            Visitor Accommodation (1 April to 31 December 2018)

Attachment d:            New Residential Dwellings Map 2018   


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8.4    City Planning Advertising List

          File Ref: F19/12268

Memorandum of the Director City Planning of 6 February 2019 and attachment.

Delegation:     Committee


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Memorandum: City Planning Committee

 

City Planning Advertising List

 

Attached is the advertising list for the period 21 January 2019 – 1 February 2019.

 

REcommendation

That the information contained in the memorandum titled ‘City Planning – Advertising List’ of 6 February 2019 be received and noted.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Neil Noye

Director City Planning

 

 

Date:                            6 February 2019

File Reference:          F19/12268

 

 

Attachment a:             City Planning - Advertising List   


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8.5    Delegated Decisions Report (Planning)

          File Ref: F19/13019

Memorandum of the Director City Planning of 6 February 2019 and attachment.

Delegation:     Committee


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Memorandum: City Planning Committee

 

Delegated Decisions Report (Planning)

 

Attached is the delegated planning decisions report for the period 22 January 2019 until 5 February 2019.

REcommendation

That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 6 February 2019 be received and noted.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Neil Noye

Director City Planning

 

 

Date:                            6 February 2019

File Reference:          F19/13019

 

 

Attachment a:             Delegated Decisions Report (Planning)   


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9.       Responses To Questions Without Notice

Regulation 29(3) Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10

 

The General Manager reports:-

 

“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.

 

The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”

 

9.1    Illegal Demolition of Heritage Buildings - Maximum Penalties

          File Ref: F18/93015; 13-1-10

Memorandum of the Director City Planning of 6 February 2019.

9.2    Licenced Premises in Salamanca

          File Ref: F18/146209; 13-1-10

Memorandum of the Director City Planning of 6 February 2019.

9.3    Planning Application Advice

          File Ref: F19/6239;  13-1-10

Memorandum of the Director City Planning of 6 February 2019.

 

Delegation:      Committee

 

That the information be received and noted.

 

 

 


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Memorandum:          Lord Mayor

Deputy Lord Mayor

Elected Members

 

Response to Question Without Notice

 

Illegal Demolition of Heritage Buildings - Maximum Penalties

 

Meeting: City Planning Committee

 

Meeting date: 13 August 2018

 

Raised by: Councillor Harvey

 

Question:

 

Could the Director please advise if there is any scope to be able to combine the maximum penalties applicable under the Land Use Planning and Approvals Act 1993 and the Historic Cultural Heritage Act 1995, for those individuals/developers whom illegally demolish heritage buildings?

 

Response:

 

There are separate provisions under the Land Use Planning and Approvals Act 1993 and the Historic Cultural Heritage Act 1995.  Proceedings can be brought for a breach of section 63 of the Land Use Planning and Approvals Act 1993 for development without approval and section 35 of the of the Historic Cultural Heritage Act 1995 for heritage works undertaken without heritage approval.  It is open for the court to impose separate, and maximum, penalties for each offence.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Neil Noye

Director City Planning

 

 

Date:                            6 February 2019

File Reference:          F18/93015; 13-1-10

 

  


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Memorandum:          Lord Mayor

Deputy Lord Mayor

Elected Members

 

 

Response to Question Without Notice

 

Licenced Premises in Salamanca

 

Meeting: City Planning Committee

 

Meeting date: 26 November 2018

 

Raised by: Alderman Briscoe

 

Question:

Could the Director please confirm how many premises in the vicinity of Salamanca Place are currently licenced?

 

 

Response:

 

There are currently 12 licenced premises within the Salamanca Place/Salamanca Square vicinity excluding restaurants/cafes.  There are a further 7 licenced premises in Morrison/Despard Streets vicinity excluding restaurants/cafes.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Neil Noye

Director City Planning

 

 

Date:                            6 February 2019

File Reference:          F18/146209; 13-1-10

 

 

  


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Memorandum:          Lord Mayor

Deputy Lord Mayor

Elected Members

 

 

Response to Question Without Notice

 

Planning Application Advice

 

Meeting: City Planning Committee

 

Meeting date: 14 January 2019

 

Raised by: Alderman Briscoe

 

Question:

 

What advice does the Council give to applicants in circumstances where their application is likely to generate many grounds of refusal under the prevailing planning scheme?

 

Response:

 

Council officers will raise concerns with applicants as soon as it is clear that the proposal fails to satisfy relevant planning provisions. The timing of this advice will be dependent on the nature of the application and the clarity of the non-compliance that is proposed. As a general procedural policy Council officers will discuss a proposed recommendation for refusal with an applicant before a final determination is made. 

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Neil Noye

Director City Planning

 

 

Date:                            6 February 2019

File Reference:          F19/6239;  13-1-10   


 

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10.     Questions Without Notice

Section 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

 

An Elected Member may ask a question without notice of the Chairman, another Elected Member, the General Manager or the General Manager’s representative, in line with the following procedures:

1.         The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.

2.         In putting a question without notice, an Elected Member must not:

(i)    offer an argument or opinion; or

(ii)   draw any inferences or make any imputations – except so far as may be necessary to explain the question.

3.         The Chairman must not permit any debate of a question without notice or its answer.

4.         The Chairman, Elected Member, General Manager or General Manager’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.

5.         The Chairman may require a question to be put in writing.

6.         Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.

7.         Where a response is not able to be provided at the meeting, the question will be taken on notice and

(i)    the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.

(ii)   a written response will be provided to all Elected Members, at the appropriate time.

(iii)  upon the answer to the question being circulated to Elected Members, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.

 


 

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11.     Closed Portion Of The Meeting

 

That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:  

 

·         Confirmation of the closed minutes.

·         Questions without notice in the closed portion.

 

The following items were discussed: -

 

Item No. 1          Minutes of the last meeting of the Closed Portion of the Council Meeting

Item No. 2          Consideration of supplementary items to the agenda

Item No. 3          Indications of pecuniary and conflicts of interest

Item No. 4          Questions Without Notice