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City of hobart

 

 

 

 

AGENDA

City Planning Committee Meeting

 

Open Portion

 

Monday, 25 March 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

 

25/3/2019

 

 

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  4

2.        Confirmation of Minutes. 4

3.        Consideration of Supplementary Items. 4

4.        Indications of Pecuniary and Conflicts of Interest. 5

5.        Transfer of Agenda Items. 5

6.        Planning Authority Items - Consideration of Items With Deputations. 5

7.        Committee Acting as Planning Authority. 6

7.1     Applications under the Hobart Interim Planning Scheme 2015  7

7.1.1       27 and 29 Hampden Road, Battery Point - Partial Demolition, Alterations and Fencing. 7

7.1.2       188 Macquarie Street, Hobart - Partial Demolition and Alterations (Re-Advertised - Administrative Correction) 43

7.1.3       1 Nixon Street, Sandy Bay - Partial Demolition, Alterations and Extension (Re-Advertised - Amended Proposal) 140

7.1.4       99 Princes Street, Sandy Bay - Partial Demolition, Alterations and Extension - PLN-17-775. 200

8.        Reports. 261

8.1     Affordable Housing - Legislation - Options for Implementation. 261

8.2     City Planning - Advertising Report 305

8.3     Delegated Decisions Report (Planning) 310

9.        Motions of which Notice has been Given. 314

9.1     Projected Population and Economic Growth Model 314

10.     Responses To Questions Without Notice. 315

10.1  Building Permits. 316

11.     Questions Without Notice. 318

12.     Closed Portion Of The Meeting.. 319

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 4

 

25/3/2019

 

 

City Planning Committee Meeting (Open Portion) held Monday, 25 March 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, 12 March 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 6

 

25/3/2019

 

 

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 7

 

25/3/2019

 

 

7.1     Applications under the Hobart Interim Planning Scheme 2015

 

7.1.1   27 and 29 Hampden Road, Battery Point - Partial Demolition, Alterations and Fencing

            PLN-19-32 - FILE REF: F19/29721

Address:                         27 and 29 Hampden Road, Battery Point

Proposal:                       Partial Demolition, Alterations and Fencing

Expiry Date:                   9 May 2019

Extension of Time:       Not applicable

Author:                           Richard Bacon

 

 

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations and fencing at 27 and 29 Hampden Road Battery Point for the following reasons:

 

1.         The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the proposed air conditioning units, by virtue of their location and appearance, would adversely affect the heritage values of the Battery Point Heritage Precinct.

 

Attachment a:             PLN-19-32 - 27 HAMPDEN ROAD BATTERY POINT TAS 7004 - Planning Committee or Delegated Report

Attachment b:             PLN-19-32 - 27 AND 29 HAMPDEN ROAD BATTERY POINT TAS 7004 - CPC Agenda Documents

Attachment c:            PLN-19-32 - 27 HAMPDEN ROAD BATTERY POINT TAS 7004 -  Planning Referral Officer Cultural Heritage Report   


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

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ATTACHMENT a

 

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Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

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City Planning Committee Meeting - 25/3/2019

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

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Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 44

 

25/3/2019

 

 

7.1.2   188 Macquarie Street, Hobart - Partial Demolition and Alterations (Re-Advertised - Administrative Correction)

            PLN-18-497 - FILE REF: F19/31528

Address:                         188 Macquarie Street, Hobart

Proposal:                       Partial Demolition and Alterations (Re-Advertised – Administrative Correction)

Expiry Date:                   25 April 2019

Extension of Time:       Not applicable

Author:                           Michelle Foale

 

 

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition and alterations (re-advertised – administrative correction)  at 188 Macquarie Street, Hobart for the following reasons:

 

1.         The proposal does not meet the acceptable solution or the performance criteria with respect to clause E13.7.1 A1 or P1 (a), (b) and (c) of the Hobart Interim Planning Scheme 2015 because the proposed demolition will result in the loss of 19th century significant fabric that contributes to the historic cultural heritage significance of the place and it has not been demonstrated that: there are environmental, social, economic or safety reasons of greater value to the community than the historic cultural heritage values of the place; or there are no prudent and feasible alternatives; or important structural or façade elements that can feasibly be retained and reused in a new structure, will be retained; or significant fabric will be documented before demolition.

 

2.         The proposal does not meet the acceptable solution or the performance criteria with respect to clause E13.7.2 A1 or P1 (a) and (b) of the Hobart Interim Planning Scheme 2015 because the proposed opening is incompatible in design through its height, scale and detailing and results in substantial diminution of the heritage values of the place through the loss of features and fabric.

 

3.         The proposal does not meet the acceptable solution or the performance criteria with respect to clause E13.7.2 A2 or P2 (a) to (d) of the Hobart Interim Planning Scheme 2015 because the new work will not be subservient and complementary to the listed place due to its scale, and siting with respect to listed elements.

 

4.         The proposal does not meet the acceptable solution or the performance criteria with respect to clause E13.7.2 A3 or P3 of the Hobart Interim Planning Scheme 2015 because the new work does not respond to the dominant heritage characteristics of the listed place in its materials and built form.

 

 

Attachment a:             PLN-18-497 - 188 MACQUARIE STREET HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-18-497 - 188 MACQUARIE STREET HOBART TAS 7000 - CPC Agenda Documents

Attachment c:            PLN-18-497 - 188 MACQUARIE STREET HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report   


Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

Page 46

ATTACHMENT a

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

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ATTACHMENT b

 

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Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

Page 76

ATTACHMENT b

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

Page 132

ATTACHMENT b

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

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Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 143

 

25/3/2019

 

 

7.1.3   1 Nixon Street, Sandy Bay - Partial Demolition, Alterations and Extension (Re-Advertised - Amended Proposal)

            PLN-18-869 - FILE REF: F19/30025

Address:                         1 Nixon Street, Sandy Bay

Proposal:                       Partial Demolition, Alterations and Extension (Re-Advertised – Amended Proposal)

Expiry Date:                   1 April 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 partial demolition, alterations and extension (re-advertised – amended proposal) at 1 Nixon Street, 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 PLN­18­869 ­ 1 NIXON STREET SANDY BAY TAS 7005 ­ Final Planning Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

 

PLN 2

 

Screening with no more than 25% uniform transparency and a minimum height of 1.5m above finished surface level, must be installed and maintained along the southern edge of the deck on the upper floor of the addition prior to the first occupation.

 

 

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing screening 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 provide reasonable opportunity for privacy for dwellings.

 

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 new storm water connection must be constructed and existing abandoned connections 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; and

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

 

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 engineering drawings via a 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 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 3a

 

The access driveway and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required).

 

Advice:

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

 

Reason for condition

 

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

 

 

ENG 4

 

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

 

Reason for condition

 

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

 

ENG 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.

 

ENG 13

 

The fence and gate at the vehicular access to the subject property from Queen Street must allow adequate sight distance between user vehicles, cyclists and pedestrians.

 

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

 

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

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

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

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

 

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

 

Advice:

·          The applicant may submit amended drawings to satisfy this condition as either part of a Building Application, or alternatively via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]).

 

·          Failure to address condition requirements prior to submitting for building approval may result in unexpected delays.

 

Reason for condition

 

To ensure the safety of vehicles entering and leaving the development and of pedestrians and traffic in the vicinity.

 

ENV 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

 

The proposal must be revised in accordance with the following:

 

·          The ridge of the rear extension must be reduced in height and set below the ridge height of the existing house by a minimum of 300mm.

 

·          The proposed:

·          Fenestration pattern of the ground floor of the extension must be a combination of fixed and operable windows and doors with vertical proportions;

 

 

·          Skylight windows must be reduced in size; and

·          Fenestration pattern must reflect the sketch design floor plan and north and south elevations dated 26 February 2019 and submitted to Council on 5 March 2019.

 

·          The external cladding of the garage and lower portion of the extension must be rendered cement sheet and reflect the sketch design for the floor plan and north, east, and south elevations dated 26 February 2019 and submitted to the Council on 5 March 2019.

 

·          The garage and workshop must be separated from the two storey extension by a recessed wall that is at least 400mm wide, set back behind the front wall of the dining/living area by at least 300mm and be lower in height than the roof of the proposed garage by no less that 350mm as reflected in the sketch design for the floor plan and north elevation dated 26 February 2019 and submitted to the Council on 5 March 2019.

 

·          Specifying the exact colour of the Colorbond roof of the existing house (a light/mid grey) and notating that the roof extension will match that colour.

 

·          The roof over the stairs to the upper level of the extension must be a separate roof element set below the eaves as reflected in the sketch design for the south and east elevation dated 26 February 2019 and submitted to the Council on 5 March 2019.

 

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved by Council showing the proposal to be revised in accordance with the above requirements.

 

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 and in a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

 

ADVICE

 

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

 

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

 

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.

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.

 

PLANNING

 

The development has been approved as an extension to a single dwelling and not as a multiple dwelling. Therefore, no part of the dwelling should be used as a separate dwelling independently of any other part of the dwelling without further approval.

 

STORMWATER

 

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.

 

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

 

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

 

REDUNDANT CROSSOVERS

 

Redundant crossovers are required to be reinstated under 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.

 

WORK PLACE HEALTH AND SAFETY

 

Appropriate occupational health and safety measures should be employed during the works to minimise direct human exposure to potentially contaminated soil, water, dust and vapours. Click here for more information.

 

 

FEES AND CHARGES

 

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

 

DIAL BEFORE YOU DIG

 

Click here for dial before you dig information.

 

 

 

 

Attachment a:             PLN-18-869 - 1 NIXON STREET SANDY BAY TAS 7005 - Planning Committee or Delegated Report

Attachment b:             PLN-18-869 - 1 NIXON STREET SANDY BAY TAS 7005 - CPC Agenda Documents

Attachment c:            PLN-18-869 - 1 NIXON STREET SANDY BAY TAS 7005 - Referral Officer Report - Cultural Heritage

Attachment d:            PLN-18-869 - 1 NIXON STREET SANDY BAY TAS 7005 - CPC Supporting Documents -Sketch Plans (Supporting information)    


Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

Page 153

ATTACHMENT a

 

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

Page 179

ATTACHMENT b

 

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

Page 188

ATTACHMENT b

 

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

Page 199

ATTACHMENT c

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 203

 

25/3/2019

 

 

7.1.4 99 Princes Street, Sandy Bay - Partial Demolition, Alterations and Extension - PLN-17-775

          File Ref: F19/31220

Memorandum of the Manager Development Appraisal of 20 March 2019 and attachments.

Delegation:     Committee


Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 204

 

25/3/2019

 

 

 

 

Memorandum: City Planning Committee

 

99 princes street, sandy bay
Partial Demolition, Alterations and extension - PLN-17-775

This memorandum relates to planning application PLN-17-775 for partial demolition, alterations and extension at 99 Princes Street, Sandy Bay.

The originally submitted design was publicly advertised in January 2018 and received three representations objecting to the proposal.  Council officers assessed the proposal and presented a report recommending refusal of the application on heritage grounds to the City Planning Committee meeting of 13 February 2018.

At that meeting, the Committee resolved as follows:

That the matter be deferred to a subsequent City Planning Committee meeting at the request of the Applicant.

Following that deferral, the proposal has been substantially redesigned.  That redesigned proposal was publicly advertised, receiving one objecting representation.  Following assessment, Council officers are recommending approval of the proposal subject to conditions, which are detailed in the recommendation below.  While the determination of applications receiving one objection and recommended for approval is ordinarily delegated to Council officers, the application is referred to the City Planning Committee for determination due its previous deferral by the Committee.

The officer report recommending conditional approval forms Attachment A to this memorandum.

The documents that comprise the amended application form Attachment B.  Updated and previous shadow diagrams form Attachment C.  The report of the Council’s Cultural Heritage Officer forms Attachment D.

An extension of time has been granted until 15 April 2019.

 

 

 

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extension at 99 Princes Street, 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 PLN-17-775 - 99 PRINCES STREET SANDY BAY TAS 7005 - Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW


The use and/or development must comply with the requirements of TasWater as detailed in the form Amended Submission to Planning Authority Notice, Reference No. TWDA 2017/01658-HCC dated 11/12/2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw6


The stormwater runoff from the proposed development that is above street level must be drained by gravity to the Council’s infrastructure prior to the first occupation/new use (see advice below). All costs associated with works required by this condition are to be met by the owner.

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

1.   Be prepared by a suitably qualified person;

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

3.   Include a detailed design of any alternative stormwater disposal methods such as the proposed soakage trench (including soil tests to demonstrate site suitability).

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

Advice:   Please note that onsite stormwater disposal or pumping systems may only be used where drainage to Council infrastructure via gravity is impractical.  All stormwater which is able to drain via a gravity system (including suspended and charged systems) must be allowed to do so.   


Reason for condition

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

ENG 2a


Vehicular barriers compliant with the Australian Standard AS1170.1 must be installed to prevent vehicles running off the edge of an access driveway or parking area where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit. 

Advice: Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required.

Reason for condition

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

ENG 2b


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

Reason for condition

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

ENG 3b


The design of the access driveway and parking areas must be submitted and approved, prior to the issuing of any approval under the Building Act 2016.

The design must:

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

 

2.      Be generally in accordance with the Australian Standard AS/NZS2890.1:2004.

 

3.      Where the design deviates from AS/NZS2890.1:2004, demonstrate that safe and efficient access will be provided, and will enable safe, easy and efficient use.

 

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

 

 

5.      Provide a long section of the driveway along the centerline showing adequate gradients and transitions, ensuring that change of gradients (especially at front property boundary - note footpath slopes towards road) are adequate to prevent vehicles bottoming out.

 

6.      Clarify the proposed details for the driveway entrance, including: driveway width, need for widening of crossover to line up with wider driveway, height of any front fencing adjacent to driveway which may restrict visibility of pedestrians in footpath and road vehicles from within a reversing vehicle (adequate sight distances).

 

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

Reason for condition

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

ENG 4


The trafficable parts of the driveway and parking areas approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent council approved) and surface drained to a Council approved stormwater disposal system prior to the first occupation / new use. 

Advice:  Non-trafficable areas of the driveway such as the center strip may be grassed to minimize surface runoff. Or alternatively permeable pavers could be used for the entire driveway surface to minimize runoff.

Reason for condition

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

ENG 11


If the existing crossover needs to be widened to match the proposed wider driveway, then the new crossover to the Princes Street highway reservation must be designed and constructed in general accordance with the following Municipal Standard Drawings:

1.   TSD-R09-v1 – Urban Roads Driveways and TSD R14-v1 Type KC vehicular crossing; and 

2.   Urban Roads Footpaths TSD-R11-v1. 

Advice:  Because the existing driveway will be widened by about 1m, the existing crossover may also need to be widened. The developer's engineer will need to check this, with reference to the above standard drawings. If in doubt, Council's Road Engineer may be able to assist.

Reason for condition

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

ENG 1


The cost of repair of any damage to the Council's infrastructure 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, pre-existing 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 site-related 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 re-vegetated.

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 17


The palette of exterior colours, materials and finishes must reflect the palette of colours, materials and finishes of the existing house and within the local streetscape and precinct. Clarification must be provided on the materials of the windows and if any changes are proposed to the roofing of the existing house.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing exterior colours, materials and finishes 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 in a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

ADVICE


The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by-laws, 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 2016Building Regulations 2016 and the National Construction Code. Click here for more information.

OCCUPATION OF THE PUBLIC HIGHWAY


You may require a permit for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information. 

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

NEW SERVICE CONNECTION


If a new stormwater connection to kerb & gutter is required, please contact the Hobart City Council's City Infrastructure Division to initiate the application process for a new   connection

NOISE REGULATIONS


Click here for information with respect to noise nuisances in residential areas.

 

WASTE DISPOSAL


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

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

FEES AND CHARGES


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

DIAL BEFORE YOU DIG


Click here for dial before you dig information. 

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:                            20 March 2019

File Reference:          F19/31220

 

 

Attachment a:             PLN-17-775 - 99 PRINCES STREET SANDY BAY TAS 7005 - Planning Committee or Delegated Report

Attachment b:             PLN-17-775 - 99 PRINCES STREET SANDY BAY TAS 7005 - CPC Agenda Documents

Attachment c:            PLN-17-775 - 99 PRINCES STREET SANDY BAY TAS 7005 - Updated Shadow Diagrams

Attachment d:            PLN-17-775 - 99 PRINCES STREET SANDY BAY TAS 7005 - Planning Referral Officer Cultural Heritage Report   


Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

Page 211

ATTACHMENT a

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

Page 242

ATTACHMENT b

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

Page 248

ATTACHMENT b

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

Page 259

ATTACHMENT c

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 25/3/2019

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ATTACHMENT d

 

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Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 266

 

25/3/2019

 

 

8.       Reports

 

8.1    Affordable Housing - Legislation - Options for Implementation

          File Ref: F19/24112; 17/167

Report of the Manager Planning Policy and Heritage and the Director City Growth of 20 March 2019 and attachments.

Delegation:     Council


Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 267

 

25/3/2019

 

 

REPORT TITLE:                  Affordable Housing - Legislation - Options for Implementation

REPORT PROVIDED BY:  Manager Planning Policy and Heritage

Director City Growth

 

1.      Report Purpose and Community Benefit

1.1.     This report is in response to the Council resolution of 17 December 2018 requesting a report in relation to options for the Council to seek State Government support for legislative changes that require the provision of affordable and/or long term rental housing in certain developments and or precincts.

1.2.     Consideration of options for the provision of affordable housing through the planning system in Tasmania has the potential for significant community benefit should the State Government provide the necessary legislative support.

2.         Report Summary

2.1.     This report considers; legislative changes that would be required to facilitate the provision of affordable housing or long term rental housing through the planning system in Tasmania, planning incentives for affordable housing, affordable housing agreements and options for retaining affordable housing units and rental housing in the long term.

2.2.     It would be appropriate for any head of power in relation to the provision of affordable housing or long term rental housing in certain developments or precincts, to be provided through the Land Use Planning and Approvals Act 1993 (LUPAA) as such provisions would be consistent with the objectives of that Act.

2.3.     The development of the proposed Tasmanian Planning Policies under recent amendments to LUPAA may provide a mechanism for affordable housing provisions to be included in planning schemes but further legal advice is recommended in relation to this issue.

2.4.     When preparing draft Tasmanian Planning Policies (TPPs) the Minister must consult with all planning authorities and this will provide an opportunity for Council to recommend the inclusion of provisions related to affordable housing should it wish to do so.  Draft TPPs are also subject to an exhibition and representation process which will provide a further opportunity for Council and community input.

2.5.     There are a range of planning incentives that can be used to support affordable housing inclusion within new developments.  A common mechanism is inclusionary zoning where government either mandates or provides incentives so that a proportion of new dwellings in a development are affordable.

 

2.6.     A detailed economic and development feasibility study would be required to determine whether or not planning incentives such as inclusionary zoning, density or height bonuses would act to provide more affordable housing or long term rental housing in the Hobart housing market.  This analysis would assist in identifying an appropriate level of ‘bonus’ to make it worthwhile for a developer to provide affordable housing units and also ensure that any mandatory requirement to provide affordable housing did not prove a significant disincentive to development.

2.7.     Provided that the state legislation contains the necessary head of power, one mechanism to facilitate the supply of affordable housing or long term rental housing is through a voluntary agreement between a council and a landowner to deliver housing as part of a new development.  A sample affordable housing agreement published by the Victorian Government is provided in Attachment D.

2.8.     Retaining affordable housing units or long term rental housing created as a result of planning incentives is a key issue for consideration when implementing provisions for affordable housing through the planning system.  A variety of mechanisms are available including; specific legislation and regulations as in South Australia; restrictive covenants, legal agreements and transfer of affordable housing units to a community housing organisation or agency. 

3.         Recommendation

That Council:

(i)      Further consider the options for the provision of affordable housing and long term rental housing through the planning system when the Minister for Planning formally consults with planning authorities when drafting the Settlement and Liveable Communities and the Infrastructure Tasmanian Planning Policies;

(ii)     Obtain further advice from Mr McElwaine in relation to the ability of planning schemes to contain provisions related to affordable housing given the recent amendments to Land Use Planning and Approvals Act 1993 in relation to Tasmanian Planning Policies; and

(iii)    Consider the need to commission an economic and development feasibility study to determine whether or not planning incentives such as inclusionary zoning, density or height bonuses would act to provide more affordable housing and long term rental housing in the Hobart housing market when the process for making the Settlement and Liveable Communities and the Infrastructure Tasmanian Planning Policies has been completed.

4.         Background

4.1.     At its meeting on 17 December 2018, the Council requested that a report be prepared that provides options for the Council to seek State Government support for legislative changes that gives the Council a “Head of Power” under the Local Government and/or Land Use Planning and Approvals Acts specifically to allow the Council to require the provision of affordable and/or long term rental apartments/housing in certain developments and or precincts.

4.2.     The Council requested that the report also consider:

4.2.1.     Further planning incentives such as bonuses to density, building envelopes, dwelling unit factors or permitted height allowances similar to those within the Commercial Zone of the Hobart Interim Planning Scheme 2015 for affordable and/or long term rental accommodation;

4.2.2.     Guidelines for binding agreements between the Council, developers and/or social housing providers to manage any affordable housing provided in accordance with any new head of power outlined above; and

4.2.3.     Options to require any dwellings approved under bonus provisions to remain on the rental market for a minimum of 5 to 10 years depending on the development or planning bonuses.

4.3.     The Council also requested that the mater be included as part of the Council’s review of its Housing and Homelessness Strategy.

Land Use Planning and Approvals Act 1993

4.4.     It would be appropriate for any head of power in relation to the provision of affordable housing or long term rental housing in certain developments or precincts, to be provided through the Land Use Planning and Approvals Act 1993 (LUPAA) as such provisions would be consistent with the objectives of that Act.

4.5.     Section 11(2) of LUPAA sets out the requirements for a valid planning scheme. At present nothing in those provisions permits the drafting of a planning scheme to regulate or require a certain makeup of individuals within a development.

4.6.     In relation to the Sullivans Cove Planning Scheme Amendment 2/2015 (Macquarie Point Site Development Plan) considered by the Council in December 2015, legal advice from Mr Shaun McElwaine was provided regarding the ability of the planning scheme to contain provisions related to affordable housing.

 

 

 

4.7.     Mr McElwaine’s opinion was that LUPAA is not concerned with the identity, character, social or economic status of persons who may use land as a regulatory device and a major difficulty with affordable housing provisions is that they focus on identified or identifiable households with particular economic characteristics.  Whether people occupying a use or development are or are not from a particular economic or socially category is not a matter which can be regulated under LUPAA.

4.8.     At its meeting on 21 December 2015 Council resolved as follows:

The Council write to the State Government to highlight the following: 

(i)         Key workers are important drivers for economic viability of our City and region; 

(ii)       Housing affordability is marginal for approximately 40% of Tasmanians, many of them working in service industries that help keep our City functioning; 

(iii)      It is therefore important in any land use strategy to address these social and economic needs of our City's populous, particularly access to housing close to their place of work; and 

(iv)      Given the unique opportunity Macquarie Point offers, that affordable housing options be encouraged as an integral part of this landmark development. 

The State Government be encouraged to consider a State policy on affordable housing and/or adopt other mechanisms that facilitate the greater provision of affordable housing particularly within inner city areas of the State.

4.9.     The subsequent response from the Minister for Planning, Housing and Human Services is provided in Attachment A.  The Minister advised as follows:

With respect to your comments around a State policy on affordable housing options, you may be aware that the Government is about to introduce to Parliament amendments to the Land Use Planning and Approvals Act 1993 to introduce a statutory process to develop Tasmanian Planning Policies (TPPs).

The TPPs will be a suite of overarching strategic policies that provide vision and strategic direction to the planning system and the policy intent of the TPPs will ultimately be implemented through the Tasmanian Planning Scheme. 

As Minister for Housing, along with the current focus on development of more affordable housing in the State, I am aiming to draft the Settlement and Liveable Communities and the Infrastructure TPPs first, to ensure the policy initiatives around affordable housing and urban growth developed through these TPP's can be implemented as a priority.

The Government is intending to introduce the legislative mechanism for TPP's during the Spring 2018 session of Parliament and start work on the draft TPPs shortly thereafter.

4.10.   The amendments to LUPAA to introduce a statutory process to develop TPPs came into effect on 17 December 2018.  Section 12B of LUPAA specifies the contents and purposes of TPPs as follows:

(1)  The purposes of the TPPs are to set out the aims, or principles, that are to be achieved or applied by –

 

       (a)   the Tasmanian Planning Scheme; and

 

       (b)   the regional land use strategies.

 

(2)  The TPPs may relate to the following:

 

(a)  the sustainable use, development, protection or conservation of land;

 

(b)  environmental protection;

 

(c)   liveability, health and wellbeing of the community;

(d)  any other matter that may be included in a planning scheme or a regional land use strategy.

 

(3)  The TPPs may specify the manner in which the TPPs are to be implemented into the SPPs, LPSs and regional land use strategies.

 

(4)  The TPPs must –

 

(a)  seek to further the objectives set out in Schedule 1 ; and

 

(b)  be consistent with any relevant State Policy.

4.11.   The Minister has advised that it is his intention to draft the Settlement and Liveable Communities and the Infrastructure TPPs first, to ensure the policy initiatives around affordable housing and urban growth developed through these TPPs can be implemented as a priority.

4.12.   When preparing draft TPPs the Minister must consult with the planning authorities and this will provide an opportunity for the Council to recommend the inclusion of provisions related to affordable housing should it wish to do so.  Draft TPPs are also subject to an exhibition and representation process which will provide a further opportunity for Council and community input.

4.13.   Neither the State Planning Provisons (SPPs) nor the Local Provisions Schedule (LPPs) can contain a provision which is inconsistent with Section 11 of LUPAA which sets out the requirements for a valid planning scheme.  Given the opinion of Mr Shaun McElwaine in relation to the ability of a planning scheme to contain provisions related to affordable housing, it is not clear if the recent LUPAA amendments providing for the development of TPPs will overcome these limitations.  It is proposed that further advice be obtained from Mr McElwaine given these amendments to LUPAA since his opinion given in 2015.

4.14.   A summary of the legislative provisions related to affordable housing in various Australian states is provided in Attachment B.  These provisions range from detailed requirements in the South Australian Housing Trust Act 1995 to a general objective in the Victorian Planning and Environment Act 1987.

Planning Incentives

4.15.   There are a range of planning incentives that can be used to support affordable housing inclusion within new developments.  A common mechanism is inclusionary zoning where government either mandates or provides incentives so that a proportion of new dwellings in a development are affordable.

4.16.   A recent report published by the Australian Housing and Urban Research Institute (AHURI); Supporting affordable housing supply: inclusionary planning in new and renewing communities, Gurran, N. et al, April 2018, examined how land use planning mechanisms, such as inclusionary zoning, support the supply of affordable housing in the UK and USA, and how they may help in Australia.

4.17.   The key planning incentives examined by in the AHURI report were:

4.17.1.  ‘inclusionary zoning’ — where development within a designated zone makes a contribution towards supplying affordable housing according to a prescribed percentage of the affordable housing development;

4.17.2.  ‘density bonuses’ — where development at a density greater than what is usually permitted is offered in return for an affordable housing contribution;

4.17.3.  ‘planning concessions’ — where planning rules such as height or setbacks are varied for affordable housing development or to enable low-cost market housing;

4.17.4.  ‘negotiated agreements’ — where affordable housing contributions are negotiated on a case-by-case basis (although a policy framework to inform these negotiations may still apply); and

4.17.5.  ‘impact fees ’— where financial contributions from developers are paid to offset the impact of a project on affordable housing demand or supply.

4.18.   The AHURI report concluded that across all jurisdictions examined, planning system tools can support affordable housing supply, but additional funding or subsidy is usually required to produce homes affordable to those on low and very low-incomes.

4.19.   The AHURI report also concluded that planning system tools for affordable housing supply work best when part of a wider whole-of-government strategy to address the continuum of housing needs.

4.20.   The complete AHURI report is available here: https://www.ahuri.edu.au/research/final-reports/297 , the policy evidence summary is provided in Attachment C.

4.21.   A detailed economic and development feasibility study would be required to determine whether or not planning incentives such as inclusionary zoning, density or height bonuses would act to provide more affordable housing in the Hobart housing market.  This analysis would assist in identifying an appropriate level of ‘bonus’ to make it worthwhile for a developer to provide affordable housing units and also ensure that any mandatory requirement to provide affordable housing did not prove a significant disincentive to development.

4.22.   Given the likely substantial cost, it is considered premature to undertake this study in the absence of a State Government commitment to provide for affordable housing in certain developments through the planning system in Tasmania. 

Affordable Housing Agreements

4.23.   Provided that the state legislation contains the necessary head of power, one mechanism to facilitate the supply of affordable or long term rental housing is through a voluntary agreement between a council and a landowner to deliver affordable housing as part of a new development.

4.24.   An example of this is in Victoria where the Planning and Environment Act 1987 was amended in June 2018 to insert a new objective “to facilitate the provision of affordable housing in Victoria”.

4.25.   Associated legislative changes also clarified that councils can enter into an agreement with landowners and others under section 173 of the Planning and Environment Act 1987 for the provision of affordable housing as part of a development.

4.26.   A sample affordable housing agreement under section 173 is provided in Attachment D.

Retaining affordability

4.27.   Retaining affordable housing units or housing on the rental market for a minimum period, created as a result of planning incentives is a key issue for consideration when implementing provisions for affordable housing through the planning system.

 4.28.  A variety of mechanisms are available to retain affordable or long term rental housing; specific legislation and regulations as in South Australia; restrictive covenants, legal agreements and transfer of affordable housing units to a community housing organisation or agency. 

4.29.   The appropriate mechanisms in Tasmania will depend upon the legislative provisions, if any, that may be put in place by the State Government at some time in the future.

5.         Proposal and Implementation

5.1.     It is proposed that Council:

5.1.1.     Further consider the options for the provision of affordable housing or long term rental housing through the planning system when the Minister for Planning formally consults with planning authorities when drafting the Settlement and Liveable Communities and the Infrastructure TPPs;

5.1.2.     Obtain further advice from Mr McElwaine in relation to the ability of planning schemes to contain provisions related to affordable housing given the amendments to LUPAA in relation to TPPs in December 2018; and

5.1.3.     Consider the need to commission an economic and development feasibility study to determine whether or not planning incentives such as inclusionary zoning, density or height bonuses would act to provide more affordable housing or long term rental housing in the Hobart housing market when the process for making the Settlement and Liveable Communities and the Infrastructure TPPs has been completed.

6.         Strategic Planning and Policy Considerations

6.1.     Legislative provisions which facilitate the provision of affordable housing will assist in the achievement of the strategic objectives of the Capital City Strategic Plan 2015-2025 particularly in relation to Goal 2 Urban Management - 2.3 "City and regional planning ensures quality design, meets community needs...."

6.2.     The provision of affordable housing and long term rental housing 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 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.

6.2.2.     7.1 WE ALL HAVE ACCESS TO AN AFFORDABLE HOME 7.1.1 Our city is our home, and we all have access to a place to live, no matter our life stage or situation.
7.1.2 We support diversity in our housing supply, acknowledging that different housing types suit different people.
7.1.3 We recognise that not all of us want or need to buy a home and ensure a supply of rental properties.
7.1.4 Housing is affordable, and none of us experiences housing stress.

7.1.5 We have housing available for those of us experiencing disadvantage. We cater for vulnerability. Social housing is part of, not separate from, the communities, services and access that are everyone’s right.

7.         Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     None.

7.2.     Impact on Future Years’ Financial Result

7.2.1.     An economic and development feasibility study in relation to planning incentives for affordable housing in the Hobart market would require a budget allocation of at least $50,000.

7.3.     Asset Related Implications

7.3.1.     None.

8.         Legal, Risk and Legislative Considerations

8.1.     None at this stage of the process.

9.         Community and Stakeholder Engagement

9.1.     The preparation of the Tasmanian Planning Policies will require community consultation and hearings before the Tasmanian Planning Commission.

10.      Delegation

10.1.   This matter is delegated to the Council.

 

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 Growth

 

Date:                            20 March 2019

File Reference:          F19/24112; 17/167

 

 

Attachment a:             Minister for Housing Letter

Attachment b:             Summary of Other States - Affordable Housing Provisions

Attachment c:            AHURI Planning Mechanisms Affordable Housing

Attachment d:            Affordable Housing Agreement   


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8.2    City Planning - Advertising Report

          File Ref: F19/30496

Memorandum of the Director City Growth of 20 March 2019 and attachment.

Delegation:     Committee


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Memorandum: City Planning Committee

 

City Planning - Advertising Report

 

Attached is the advertising list for the period 4 March 2019 – 15 March 2019.

 

REcommendation

That the information contained in the memorandum titled ‘City Planning Advertising Report’ of 20 March 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 Growth

 

 

Date:                            20 March 2019

File Reference:          F19/30496

 

 

Attachment a:             City Planning - Advertising Report   


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8.3    Delegated Decisions Report (Planning)

          File Ref: F19/31053

Memorandum of the Director City Growth of 20 March 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 5 March 2019 until 19 March 2019.

 

REcommendation

That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 20 March 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 Growth

 

 

Date:                            20 March 2019

File Reference:          F19/31053

 

 

Attachment a:             Delegated Decisions Report (Planning)     


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9.       Motions of which Notice has been Given

 

9.1      Projected Population and Economic Growth Model

            File Ref: F19/30652; 13-1-9

 

Councillor Holly Ewin

 

Motion:

That Council develop a usable model of the projected population and economic growth of Hobart municipality in order to inform and future-proof our decision making.

 

Rationale:

 

We as a council are being asked to make significant decisions on planning and infrastructure matters without proper information on the projected population and economic growth of Hobart. We need this information readily in order to future-proof our decisions for our community. In light of the housing crisis, climate change and the significant growth Hobart has already undergone in recent years, it is poor governance to consider things like implementing a height limit or moving the university into the CBD without knowing what the future requirements of our city are.

 

 

The General Manager reports:

 

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to developing a tool to inform decision making.”

 

 

    


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10.     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.”

 

10.1  Building Permits

          File Ref: F19/18882; 13-1-10

Memorandum of the Director City Growth of 20 March 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

 

Building Permits

 

Meeting: City Planning Committee

 

Meeting date: 12 February 2019

 

Raised by: Alderman Behrakis

 

Question:

 

On the 2 February 2019, a news article was published in the Mercury regarding Housing affordability and lack of housing supply which contained a quote from the Lord Mayor (under the context of explaining the efforts the Council has undertaken to address the issue) that "Council statistics showed that in the 12 months from January to December 2018, 648 building permits were issued by the Council"

 

1)      Can the Planning Director please inform the Council on how many of those building permits were for new dwellings?

 

2)      Can the Planning Director please provide to the Council a breakdown of the 648 building permits in question and what purposes they were issued for? (i.e. how many were issued for new dwellings, how many for balconies or driveways etc).

 

 

Response:

 

1)      There were 108 building permits for new dwellings/multiple dwellings, totally 136 new houses.

 

2)      The 648 building permits issued in 2018 were made up of the following categories:

Category

Number of Applications

Carport/Garage

22

Change of Use to Commercial Premises

11

Change of Use to Residential Property

11

Commercial Extension

25

Commercial Internal Alterations

150

Deck

28

Demolition

10

Dwelling/Multiple Dwelling

108

House Extension

107

Residential Internal Alterations

149

Solar Panels

27

 

 

 

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 Growth

 

 

Date:                            20 March 2019

File Reference:          F19/18882; 13-1-10

 

 

   


 

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11.     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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12.     Closed Portion Of The Meeting

 

That the Council resolve by absolute 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:  

 

·         Legal action involving the Council.

 

The following items were discussed: -

 

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

Item No. 2          Consideration of supplementary items to the agenda

Item No. 3          Indications of pecuniary and conflicts of interest

Item No. 4          Responses to Questions Without Notice

Item No. 4.1       Hobart Rivulet

LG(MP)R 15(2)(i)

Item No. 5          Questions Without Notice