Agenda (Open Portion)

Council Meeting

Page 3

15/4/2019

Agenda (Open Portion)

Council Meeting

Page 5

15/4/2019

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 1 April 2019, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Agenda (Open Portion)

Council Meeting

Page 7

15/04/2019

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for four multiple dwellings and works in road reserve at 55 Mount Stuart Road, Mount Stuart and adjacent road reserve for the following reasons:

1.         The proposal does not meet the acceptable solution or the performance criterion with respect to clause 10.4.4 A2 and P2 of the Hobart Interim Planning Scheme 2015 because the design and siting of the multiple dwellings will cause unreasonable loss of amenity by overshadowing a window of a habitable room (other than a bedroom), of another dwelling on the same site, that faces between 30 degrees west of north and 30 degrees east of north.

2.         The proposal does not meet the acceptable solution or the performance criterion with respect to clause 10.4.4 A3 and P3 of the Hobart Interim Planning Scheme 2015 because the design and siting of the multiple dwellings will cause unreasonable loss of amenity by overshadowing the private open space of another dwelling on the same site, required in accordance with A2 or P2 of subclause 10.4.3.

3.         The proposal does not meet the acceptable solution or the performance criterion with respect to clause E5.6.4 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the design, layout and location of the Mount Stuart Road access will not provide adequate sight distances to ensure the safe movement of vehicles, having regard to:

a.   the nature and frequency of the traffic generated by the use;

b.   the frequency of use of the road network;

c.   the need for the access;

d.   any traffic impact assessment; and

e.   any measures to improve or maintain sight distance.

4.         The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.7.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the design of vehicle access points will not be safe, efficient and convenient, having regard to all of the following:

a.    avoidance of conflicts between users including vehicles, cyclists and pedestrians;

b.    avoidance of unreasonable interference with the flow of traffic on adjoining roads;

c.    suitability for the type and volume of traffic likely to be generated by the use or development; and

d.    ease of accessibility and recognition for users.

5.         The proposal does not meet the acceptable solution or the performance criterion with respect to clause 10.4.6 A3 and P3 of the Hobart Interim Planning Scheme 2015 because a shared driveway or parking space (excluding a parking space allocated to that dwelling), will not be screened, or otherwise located or designed, to minimise detrimental impacts of vehicle noise or vehicle light intrusion to a habitable room of a multiple dwelling.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, extension and carport at 52 Wellesley Street, South Hobart for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 8 April 2019 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­919 ­ 52 WELLESLEY STREET SOUTH HOBART TAS 7004 ­ Final Planning Documents except where modified below.

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).

Any private or private shared stormwater system passing through third­party land must have sufficient receiving capacity.

Reason for condition

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

ENG 3a

The parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 with the following exceptions:

·          Maximum gradients and minimum sight distances in accordance with Matt Gilley Design Drawings C01 and C02.

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/commencement of use (whichever occurs first).

Reason for condition

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

ENG 5

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

Reason for condition

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

ENG 11

Prior to the first occupation/commencement of the use (whichever occurs first), the proposed crossover to the Wellesley Street highway reservation must be designed and constructed in general accordance with LGAT Standard Drawing ­ Urban ­ TSD­R09­v1 – Urban Roads Driveways and TSD R14­v1 Type KC vehicular crossing, or a Council City Infrastructure Division approved alternate design.

Advice:

·          Local Government Association (LGAT) Tasmanian Standard Drawings (TSD) can be viewed electronically via the LGAT Website.

·          It is advised that designers consider the detailed design of the crossover, 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.

·          Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Road Services Engineer and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.

·          Please contact Council City Infrastructure Division to discuss approval of alternate designs. Based on a site specific assessment, Council City Infrastructure Division Road Engineer may permit extending non­approved concrete slab crossover, and where non­standard kerb and channel exists a concrete plinth to Council standards may be permitted for construction at the gutter.

·          You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.

Reason for condition

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

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 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.

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.

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.

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

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

ACCESS

Designed in accordance with LGAT­ IPWEA – Tasmanian standard drawings. Click here for more information.

CROSS OVER CONSTRUCTION

The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for new and upgraded mountain bike track at 100 Pinnacle Road, Mount Wellington for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 8 April 2019 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­19­2 ­ 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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 s1

Tracks must be treated to prevent erosion and generation of sediment (e.g. rock armoured) for their full extent within the banks of the creeks or as shown in the submitted plans (whichever is greater).

Reason for condition

To prevent sedimentation of creeks

ENV 8

All recommended risk mitigation measures in section 3.2 of the Geotechnical Assessment report by William C Cromer dated 28 February 2019 must be implemented and must be maintained for the life of the development.

Reason for condition

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

ENV 9

All recommendations in section 3.2 of the Natural Values Assessment report by Enviro­dynamics dated 5 February 2019 must be implemented and must be maintained for the life of the development.

Reason for condition

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

ENV 11

All recommendations and mitigation measures relating to soil and water management, weed management and construction hygiene protocol contained in Sections 3, 4, 5 and 6 of the Construction Environmental Management Plan by City of Hobart dated 21 January 2019 must be implemented and must be maintained for the life of the development.

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 and experienced person must be submitted and approved, prior to the commencement of work.

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

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).

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

Reason for condition

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

ENV 15

An approved construction hygiene protocol to minimise the risk of introduction and spread of weeds must be implemented.

A construction hygiene protocol prepared by a suitably qualified and experience person must be submitted and approved, prior to commencement of work.

All work required by this conditions must be undertaken in accordance with the approved construction hygiene protocol.

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).

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 minimise the spread of weeds and pathogens.

ENV 2

An approved soil and water management plan must be implemented.

A soil and water management plan prepared by a suitably qualified and experienced person must be submitted and approved, prior to the commencement of work.

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

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

Reason for condition

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

OPS s1

All works must be conducted in accordance with the recommendations contained within chapter 9.1.1 of the Proposed Drops Track and Unnamed Track, Wellington Park, Aboriginal and Historic Heritage Desktop Report, Gondwana Heritage Solutions dated September 2018, and must be maintained for the life of the development.

Reason for condition

To ensure protection of significant heritage values within Wellington Park.

OPS s2

All works must be conducted in accordance with the conditions of the Works Permit: Formalisation of the Drops Track and construction of a new bicycle only track between Rivulet Track and the Bracken Lane Fire Trail, Wellington Park Management Trust, dated 30 November 2018. These conditions must be adhered to for the life of the development.

Reason for condition

To ensure protection of significant values within Wellington Park.

ADVICE

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

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

CONDITION ENDORSEMENT PLANNING

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

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

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

BUILDING PERMIT

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

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

PROTECTING THE ENVIRONMENT

In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." 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.

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for dwelling with ancillary dwelling and works within road reserve at 5 McDevitt Avenue, Dynnyrne for the reasons outlined in the officer’s report attached to item 7.1.4 of the Open City Planning Committee agenda of 8 April 2019 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­776 ­ 5 MCDEVITT AVENUE DYNNYRNE TAS 7005 ­ Final Planning Documents, except where modified below.

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 2b

Prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first), a certified vehicle barrier design (including site plan with proposed location(s) of installation) prepared by a suitably qualified engineer, compliant with Australian Standard AS/NZS1170.1:2002, must be submitted to Council.

Advice:

·          If the development's building approval includes the need for a Building Permit from Council, the applicant is advised to submit detailed design of vehicular barrier as part of the Building Application.

·          If the development's building approval is covered under Notifiable Work the applicant is advised to submit detailed design of vehicular barrier as a condition endorsement of the planning permit condition. Once the certification has been accepted, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

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

ENG 2c

Prior to the first occupation, vehicular barriers must be inspected by a qualified engineer and certification submitted to the Council confirming that the installed vehicular barriers comply with the certified design and Australian Standard AS/NZS1170.1:2002.

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

Reason for condition

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

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), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

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

Reason for condition

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

ENG 3c

The access driveway must be constructed in accordance with the design drawings approved by Condition ENG r1.

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

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

Reason for condition

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

ENG 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 r1

The footings, suspended deck and removal of the retaining wall upstand within or supporting the McDevitt Avenue highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings, structural certificates and associated geotechnical assessments of the footings, suspended deck and removal of the retaining wall upstand within McDevitt Avenue highway reservation must be submitted and approved, prior to the commencement of work and must:

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

2.         Not undermine the stability of the highway reservation.

3.         Detail the design and location of the footing, in particular the proximity to the retaining wall and its foundations.

4.         Include drawings and structure certificate which notes the driveway slab needs to be supported independently of the existing retaining wall and will not transfer additional loads onto the existing retaining wall.

5.         Detail the location of the cutting of the retaining wall in relation to the existing construction joints, noting that any vertical sawcut to be a minimum 1.2m from the joint and horizontal sawcut to wall to be 20mm below the underside of the parking deck slab.  If a vertical cut is proposed less than 1.2m from a joint then further re­instalment details are required to the satisfaction of the Director City Infrastructure.

6.         Detail the reinstatement of the cut area of the retaining wall to the satisfaction of the Director City Infrastructure, noting the proposed being the vertical cut is to be sealed with a minimum of 70mm around the exposed reinforcement with minimum 10mm fosroc renderoc HB applied in full width of sawcut in accordance with manufactures specifications and the horizontal cut is to be sealed with 20mm layer polystyene during pour, remove after curing and fill joint with backing road and 10 deep bostik seal­n­flex.

7.         Ensure that any structural certificates and drawings are notated in accordance with the above.

All work required by this condition must be undertaken in accordance with the approved select design drawing and structural certificates.

Advice:

·          The applicant is required submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

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

Reason for condition

To ensure that the stability and integrity of the Council’s highway reservation is not compromised by the development.

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.

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.