Minutes (Open Portion)

Council Meeting

Page 3

6/5/2019

Minutes (Open Portion)

Council Meeting

Page 5

6/05/2019

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 15 April 2019, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

BURNET

EWIN                                                        That the recommendation be adopted

MOTION CARRIED

VOTING RECORD

The Lord Mayor presented the following gift to the Council:

Plate and Timor Café Coffee

On Friday 26 April 2019, the Deputy Lord Mayor Councillor Helen Burnet met with a group of Timorese Veterans, together with Dr Nitan Verma, the Honorary Consul for Timor Leste and his assistant Mr Eoin (Owen) Breen. The group gifted this traditional Timor Leste plate and Café Timor coffee was presented to the City of Hobart.

The Lord Mayor expressed on behalf of the Council its best wishes for a speedy recovery for Council employee Sarah Cornish, Senior Advisor Council Support who was involved in an accident on Friday 3 May 2019.

The Lord Mayor advised that today is the start of Road Safety Week.

A need is required for greater awareness of our more vulnerable road users. The most recent statistics shows that in 2018 both road fatalities in the Hobart area were pedestrians.

I hope that we can use this Road Safety week to think about those who tragically lost their lives, and what we can do to prevent further deaths and injuries.

The General Manager advised he had received a purported petition in relation to Dark Mofo from Dr Diane Caney.

The document purports to be a petition containing 11,240 signatures, however due to the timing of this matter being included on tonight’s agenda the petitioner has been unable to comply with all the requirements of the Local Government Act 1993 regarding petitions and have requested that it be treated as correspondence.

Attachment

a    Dr Diane Caney - 2019 Dark Mofo ⇨  

9.1      23 Quayle Street, Sandy Bay and 1 A Crelin Street, Battery Point - Partial Demolition, Multiple Dwellings (One Existing, Four New) and Front Fencing

Ref:    Open CPC 7.1.2, 29/04/2019

Application Expiry Date: 29 May 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, multiple dwellings (one existing, four new) and front fencing at 23 Quayle Street Sandy Bay and 1A Crelin Street Battery Point for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 29 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 PLN­18­789 ­ 23 QUAYLE STREET SANDY BAY & 1A CRELIN STREET BATTERY POINT 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 2018/01810­HCC dated 19 March 2019 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

The roof colour must be of a mid to darker tone so as not cause a glare problem to neighbours. Prior to the commencement of work, details of the proposed roof colour in accordance with this condition must be lodged with the Council.

Reason for condition

To protect the amenity of neighbouring properties.

ENG sw1

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

Reason for condition

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

ENG sw2.1

A pre CCTV video of the Council stormwater main within the subject site must be undertaken and submitted to Council prior to the commencement of work.

The post construction CCTV 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 pre construction CCTV video of the Council’s infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

Reason for condition

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

ENG sw2.2

A post CCTV video of the Council stormwater main within the subject site must be undertaken and submitted to the Council on completion of all work.

The post construction CCTV 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 pre construction CCTV video of the Council’s infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

Reason for condition

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

ENG sw4

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

Detailed design drawings showing both existing and proposed services and calculations must be submitted and approved, prior to issue of any consent under the Building Act 2016.

The detailed design drawings must include:

1.     The location of the proposed connections and all existing connections;

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

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

4.     Clearly distinguish between public and private infrastructure; and

5.     Be checked and certified by a qualified and experienced engineer.

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

Advice:

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

·        Please note that once the condition endorsement has been issued you will need to contact Council’s City Amenity Division to initiate an application for service connection.

·        Any proposed public stormwater infrastructure will require detailed engineering drawings, which must be checked and certified by a qualified and experienced Civil Engineer.

·        Consideration must be given to the location of stormwater connections: these should be positioned at the most practicable location to adequately and economically drain the majority of the lot including the driveway.

Reason for condition

To ensure the site is drained adequately.

ENG sw6

The new stormwater infrastructure must be constructed prior to issue of a completion certificate or first occupation, whichever comes first.

Engineering design drawings must be submitted and approved, prior to issue of any consent under the Building Act 2016.

The engineering drawings must:

1.     Be certified by a qualified and experienced engineer;

2.     Show in both plan and long­section the proposed stormwater mains, including but not limited to, connections, flows, velocities, hydraulic grade lines, clearances, cover, gradients, sizing, material, pipe class, adequate working platforms around manholes, easements and inspection openings;

3.     Include the associated calculations and catchment area plans. The stormwater system (including defined overland flow paths) must cater for all 1% AEP flows as at 2100 (i.e including climate change loading) from a fully developed catchment. The main itself must be sized to accommodate at least the 5% AEP flows from a fully­developed catchment;

4.     Clearly distinguish between public and private infrastructure;

5.     Be substantially in accordance with the LGAT drawings; and

6.     Provide a construction management plan clearly defining the process of the removal, reinstatement and protection of the new main, this should include but not be limited to: construction methodology, risk assessment, mitigation measures and proposal of how the construction company intends to keep existing services live during construction.

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

Advice:

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

·        Please note that once the condition endorsement has been issued you will need to contact Council’s City Amenity Division to obtain a Permit to Construct Public Infrastructure.

Reason for condition

To ensure Council’s hydraulic infrastructure meets acceptable standards.

ENG sw7

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

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

1.     Be prepared by a suitably qualified engineer;

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

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

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

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

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

All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.

Advice:

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

·        Contaminant removal targets should align with the State Stormwater Strategy Guidelines.

Reason for condition

To avoid the possible pollution of drainage systems and natural watercourses, to comply with relevant State legislation, and to ensure the development’s stormwater system takes into account limited receiving capacity of Council’s infrastructure.

ENG 3a

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS 2890.1:2004 (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, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the Gandy and Roberts Consulting Engineers design drawings received by the Council on the 6th March 2019.

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

Advice:

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

Reason for condition

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

ENG 4

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

Reason for condition

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

ENG 5

The number of car parking spaces approved on the site for use is six (6).

Advice:

•        Please note that the residents of this development will not be eligible for residential parking permits to allow for additional resident vehicles to be parked on­ street.

Reason for condition

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

ENG 8

The use of car parking space 2 as shown on the design drawings received by the Council on the 8th February 2019 is restricted to Visitor Parking Only.

A sign, approved by council, and in accordance with Australian Standards AS/NZS1742.11:2016, must be erected within the car parking module to indicate the car parking space is for Visitor Parking Only prior to first occupation.

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.

ENG 13

Any fencing and enclosures within 3 metres of the frontage 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 drawings must show fences and enclosures within 3 metres of the frontage less than or equal to 1.2m in height in order to provide adequate sight distance between user vehicles, cyclists and pedestrians.

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 2

Sediment and erosion control measures, in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

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

Advice:

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

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

Reason for condition

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

HER 17

The colouration of exterior materials must be recessive, and cladding must reflect the palette of materials within the local streetscape and precinct with particular emphasis on the use of timber cladding in visual locations.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing exterior colours and materials in accordance with the above requirement.

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

Reason for condition

To ensure that development at a heritage place and 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 for the occupation of the public highway for construction (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

BUILDING OVER AN EASEMENT

In order to build over an existing drain or within one metre from the edge of an existing drain, you will require the written consent of the person on whose behalf the easement was created, in accordance with section 73 and 74 of the Building Act 2016.

Section 73 of the Building Act 2016 requires that a person must not perform any building work over an existing drain or within one metre from the edge of an existing drain measured horizontally, unless the owner of the building obtains written consent from the general manager of the council for the municipal area where the work is performed.

Section 74 of the Building Act 2016 requires that a person must not perform any building work over or within a service easement unless the person obtains written consent to do so from the person on whose behalf the service easement was created.

RESIDENTIAL PARKING PERMITS

Residents of this development will not be eligible for residential parking permits to allow for additional resident vehicles to be parked on­street.

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.

RIGHT OF WAY

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

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

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.

RESIDENTIAL PARKING PERMITS

The residents of this development will not be eligible for residential parking permits to allow for additional resident vehicles to be parked on­street.

Burnet

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      Runnymede Street, Battery Point and Road Reserve - Tree Removal and Replacement

Ref:    Open CPC 7.1.3, 29/04/2019

Application Expiry Date: 30 May 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for tree removal and replacement at Runnymede Street, BATTERY POINT & road reserve for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 29 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 PLN­19­122 ­ RUNNYMEDE STREET BATTERY POINT TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

OPS s1

Within 90 days of the dead tree being removed, another tree of the same species must be planted in the same area, to the satisfaction of the Director City Amenity.

Reason for condition

To maintain the amenity of Arthur Circus 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.

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 road closure permit for construction or special event. Click here for more information.

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

Burnet

harvey                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.3      Elizabeth Street, Hobart and Road Reserve - Partial Demolition, Alterations, New Bus Shelters, Street Trees, Lighting, Street Furniture and Associated Works

Ref:    Open CPC 7.1.5, 29/04/2019

Application Expiry Date: 29 May 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, new bus shelters, street trees, lighting, street furniture and associated works at Elizabeth Street and Road Reserve (also known as Elizabeth Street Bus Mall) for the reasons outlined in the officer’s report attached to item 7.1.5 of the Open City Planning Committee agenda of 29 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 DA­19­12574 PLN­18­882 ­ ELIZABETH STREET ROAD RESERVE (BUS MALL) HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/02014­HCC dated 14/12/2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw1

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

Reason for condition

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

ENG 1

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