Minutes

Open Portion

Monday, 20 May 2019

AT 5:04 pm

Council Chamber, Town Hall


 

Minutes (Open Portion)

Council Meeting

Page 3

 

20/5/2019

 

 

 ORDER OF BUSINESS

 

PRESENT, APOLOGIES AND LEAVE OF ABSENCE

1.        Confirmation of Minutes. 5

2.        Transfer of Agenda Items. 6

3.        Communication from the Chairman. 6

4.        Notification of Council Workshops. 6

5.        Public Question Time. 6

6.        Petitions. 7

7.        Consideration of Supplementary Items. 11

8.        Indications of Pecuniary and Conflicts of Interest. 11

Reports of Committees. 12

City Planning Committee

9.        Council Acting as Planning Authority. 12

9.1     8 Flint Avenue, New Town - Carport 12

9.2     209-213 and 215-217 Harrington Street, Hobart and Adjacent Road Reserve - Demolition and New Building for 39 Multiple Dwellings, Food Services and General Retail and Hire. 13

9.3     55 Mount Stuart Road, Mount Stuart - PLN-18-716. 41

10.     2019-20 Fees and Charges - City Planning Division. 75

11.     Penalties for Illegal Demolition. 76

12.     Affordable Housing Inclusionary Zoning - Consideration of Deferred Item.. 77

13.     Monthly Building Statistics - 1 April 2019 - 30 April 2019. 78

14.     COP24 - Katowice Poland - 4 to 14 December 2018. 79

Motions of which notice has been given

15.     Climate and Biodiversity Emergency. 80

16.     Trans and Gender-Diverse Posters in Public Convenience Facilities. 88

City Infrastructure Committee

17.     2019-20 Fees and Charges - City Infrastructure Division. 90

18.     2019-20 Fees and Charges - City Amenity Division - Cleansing and Solid Waste  90

Community, Culture and Events Committee

19.     2019-20 Fees and Charges - Community Life. 91

Economic Development & Communications Committee

20.     2019/20 Fees and Charges - Communications Function. 92

Finance and Governance Committee

21.     Local Government Association of Tasmania - Membership. 93

22.     National Redress Scheme - LGAT. 93

23.     Insurance Policy. 94

24       Social Food Service Delivery. 94

25.     2019-20 Fees and Charges - Financial Services. 95

26.     2019-20 Fees and Charges - City Governance. 96

27.     2019-20 Fees and Charges - Parking Operations. 96

28.     2018-19 Annual Plan - Progress Report  Period Ended 28 February 2019. 98

Parks and Recreation Committee

29.     Review of the Dog Management Strategy 2014-2018. 98

30.     2019-20 Fees and Charges - Community Life - Doone Kennedy Hobart Aquatic Centre. 102

31.     2019-20 Fees and Charges - City Amenity Division - Bushland and Parks and Recreation. 103

32.     Marieville Esplanade - Derwent Sailing Squadron - Extension of Lease Area  103

33.     Royal Tasmanian Botanical Garden - Annual Grant - 2018/2019. 104

34.     Swan Street Park, North Hobart - Concept Plan of Proposed Refurbishment - Results of Community Engagement 105

35.     Non-Chemical Treatment in Weed Control Within Urban Streetscapes - Trial Outcome. 106

36.     Closed Portion of the Meeting.. 107

 


 

Minutes (Open Portion)

Council Meeting

Page 6

 

20/05/2019

 

 

PRESENT:

The Lord Mayor Councillor A M Reynolds, Aldermen J R Briscoe, Dr P T Sexton, D C Thomas, Councillor W F Harvey, Alderman S Behrakis, Councillors M S C Dutta, H Ewin and Z Sherlock.

 

APOLOGIES:

 

Alderman T M Denison.

 

LEAVE OF ABSENCE:

 

Deputy Lord Mayor Councillor H Burnet.

Alderman M Zucco.

 

 

Aldermen Briscoe, Thomas and Behrakis left the meeting at 6.05 pm and was present at the reconvening of the meeting at 6.13 pm.

 

Alderman Behrakis left the meeting at 5.22 pm after declaring an interest in item 9.3, returning at 5.30 pm.

 

Councillor Ewin left the meeting at 6.38 pm, after declaring an interest in item 32, returning at 6.40 pm.

 

1.       Confirmation of Minutes

 

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 6 May 2019, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

 

HARVEY

SEXTON                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

The minutes were signed.

2.       Transfer of Agenda Items

 

Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015?

 

 

 

3.     Communication from the Chairman

 

No communication was received.

 

 

 

4.       Notification of Council Workshops

In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the General Manager reports that the following Council workshop has been conducted since the last ordinary meeting of the Council.

 

Date:                 16 May 2019

Purpose:           Strategic Plan Workshop

 

 

 

5.       Public Question Time

 

5.1      Ben Lohberger - Pedestrian Bridge Between New Town High School and Central Avenue

 

 

Mr Lohberger put the following question and was provided with a response from the Lord Mayor.

Question:

It is now more than a year since the pedestrian bridge between New Town High School and Central Avenue was closed due to flood damage. Is there a timeline for the repair and reopening of this bridge?

And what steps has the HCC taken to advise the local community about the fate of the bridge?

 

 

Response:

The storm event of May 2018 caused significant damage to the pedestrian bridge that provides access from the Central Avenue side of the Rivulet to New Town High School.

Significant engineering, geotechnical and flood modelling has been required in the design of the new bridge, that has taken more time than we would have liked. However, the project is now currently out for tender to allow replacement of the bridge to proceed.

During this period, the City has had regular contact with the School to keep them up to date, with onsite signage also indicating that investigations into repairs or replacement of the bridge were underway.

 

 

 

 

 

6.       Petitions

 

6.1      Hobart Not Highrise - Petition Seeking Elector Poll

 

The General Manager tabled a petition from Mr Brian Corr requesting a poll of electors be held in relation to building heights.

 

There were 1820 signatures on the petition.

 

The petition form states:

 

I ask the Hobart City Council to conduct a poll of electors, asking the following question:

Do you agree that Council should adopt the professional planning staff’s full recommendations regarding heritage buildings, view-lines, streetscapes, and absolute maximum building heights as recommended, or lower as Council might decide?

 

The General Manager reported in the following terms:

 

“There are three pre-conditions required to be met which would require the Council to conduct an elector poll:

1.    If the petition was received within 30 days after the public meeting in relation to the same subject matter as that contained in the petition requesting the public meeting.

 

 

2.    If the petition is signed by at least 5% of the electors in the municipal area or 1,000 of those electors, whichever is the lesser; and

 

3.    The petition complies with s57(2) of the Act.

 

s57(2)    A person lodging a petition is to ensure that the petition contains –

(a)     a clear and concise statement identifying the subject matter and the action requested; and

(b)     in the case of a paper petition, a heading on each page indicating the subject matter; and

(c)     in the case of a paper petition, a brief statement on each page of the subject matter and the action requested; and

(d)     a statement specifying the number of signatories; and

(e)     at the end of the petition –

(i)    in the case of a paper petition, the full name, address and signature of the person lodging the petition; and

(ii)   in the case of an electronic petition, the full name and address of the person lodging the petition and a statement by that person certifying that the statement of the subject matter and the action requested, as set out at the beginning of the petition, has not been changed.”

The public meeting was held on 16 April 2019 and the petition was provided to me on Wednesday 15 May 2019 – so within 30 days of the public meeting.

 

The petition has been signed by 1,169 electors, which exceeds the 1,000 required.

 

The petition complies with s57(2) – which relates to the form and information provided with the petition.

 

There is no need to follow the usual practice and refer a petition to the relevant committee.

 

The Council is therefore required to conduct an elector poll.  The petition is required to be held within 60 days of its receipt unless Mr Corr, as the person who lodged the petition, agrees that it can be held in conjunction with the next ordinary election.  I will write to Mr Corr enquiring in that regard and advise the Council accordingly.

 

The elector poll is to be conducted as determined by the Electoral Commissioner and I will liaise with him regarding that process.  He will ultimately determine the question to be asked.

 

Once the elector poll has concluded, the Council is to discuss its result at its next ordinary meeting and the result is not binding on the Council.

The Council will be kept informed in relation to conducting the elector poll.”

 

 

DUTTA

BRISCOE                                       That the petition be received and noted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

Attachments

a.   Part 1 - Petition Seeking Elector Poll

b.   Part 2 - Petition Seeking Elector Poll

c.   Part 3 - Petition Seeking Elector Poll

d.   Part 4 - Petition Seeking Elector Poll

e.   Part 5 - Petition Seeking Elector Poll

f.    Part 6 - Petition Seeking Elector Poll

g.   Part 7 - Petition Seeking Elector Poll

h.   Part 8 - Petition Seeking Elector Poll

i.     Part 9 - Petition Seeking Elector Poll

j.    Part 10 - Petition Seeking Elector Poll

k.   Part 11 - Petition Seeking Elector Poll

l.    Part 12 - Petition Seeking Elector Poll

m.   Part 13 - Petition Seeking Elector Poll  

 

 

 

 

 

6.2      Mark Howard - Building Heights

 

The General Manager tabled a petition calling for the Council to retain the existing height limit of 45 metres in Hobart.

The petition contains 314 signatures and states:

 

“At the public meeting in Hobart City Hall on Tuesday 16th April, over 1000 people attended. The vast majority voted to retain the existing height limits of Hobart CBD of 45 metres, whilst overwhelmingly rejecting a call to raise the limit to 60 metres.

“ Hobart not Highrise” is still, inexplicably, urging adoption of 60

metre (20 storey) height limits for Hobart.

We the undersigned, request the Hobart City Council hold an electors’ poll that reflects the overwhelming vote for the successful motion from the public meeting of 16 April 2019. The motion passed was:

This meeting calls on the Hobart City Council to protect the heritage character of Hobart by:

1)    Acknowledging the great economic and social value of the City’s character and working to ensure that new development complements that character.

2)    Establishing a maximum height of 45 metres, which in part allows 15 storey buildings but restricts such buildings to sites where they don’t impact on heritage buildings, streetscapes and precincts.

3)    Strongly tighten the use of discretion in planning approvals, which has led to serious abuse.

We believe that, to respect the outcome of the vote, the question in the Electors' Poll should read:

Do you agree that Council should retain its existing height limits of 45 metres and set absolute maximum building heights in the CBD of no more that 45 metres (15 storeys)? YES/NO”

 

The General Manager reported in the following terms:

 

Whilst this petition does relate to the building height issue, it is not seeking the conduct of an elector poll itself.  However, given the issues raised I will ensure that these are available to the Electoral Commissioner as part of his undertaking the elector poll.

Given this, there is no need to follow the usual practice and refer a petition to the relevant committee.

 

 

 

DUTTA

BRISCOE                                       That the petition be received and noted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

Attachment

a.   Petition - Building Heights  

 

7.       Consideration of Supplementary Items

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

RECOMMENDATION

 

That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.

 

No supplementary items were received.

 

 

 

8.       Indications of Pecuniary and Conflicts of Interest

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

 

Elected Members are requested to indicate where they may have any pecuniary or conflicts 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.

 

The following interest was indicated:

 

1.    Alderman Behrakis – item 9.3

2.    Councillor Ewin - item 32

 

Reports of Committees

 

City Planning Committee

 

9.       Council 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 Council 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 Council will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

 

The Council 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.

 

9.1      8 Flint Avenue, New Town - Carport

            PLN-19-167 - File Ref: F19/52290

Ref:    Open CPC 7.1.1, 13/05/2019

Application Expiry Date: 18 June 2019

Extension of Time: Not applicable

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for Carport at 8 Flint Avenue, New Town, Tas, 7008 for the following reasons:

1.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the setback of the carport does not have regard to streetscape qualities or assist the integration of the carport into the streetscape;

 

2.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.2 A2 and P2 of the Hobart Interim Planning Scheme 2015 because the setback of the carport does not provide separation from the frontage that complements or enhances the existing streetscape; and

 

3.      The proposal does not meet the acceptable solution or the performance criteria with respect to clause 13.8.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the proposed carport, by reason of its location forward of the front building line, would have a detrimental impact upon those features which contribute to the historic cultural significance of the Flint Avenue Heritage Precinct (NT12) as set out in table E.13.2.

 

 

BEHRAKIS

SHERLOCK                                            That the recommendation be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

 

9.2      209-213 and 215-217 Harrington Street, Hobart and Adjacent Road Reserve - Demolition and New Building for 39 Multiple Dwellings, Food Services and General Retail and Hire

            PLN-18-770 - File Ref: F19/53211

Ref:    Open CPC 7.1.2, 13/05/2019

Application Expiry Date: 20 May 2019

Extension of Time: Not applicable

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and new building for 39 Multiple Dwellings, food services and general retail and hire at 209­217 Harrington Street, HOBART and adjacent road reserve for the reasons outlined in the officer’s report, attached to item 7.1.2 of the Open City Planning Committee agenda of 13 May 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 PLN­18­770 209­217 HARRINGTON STREET 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 2018/01768­HCC dated 14/12/2018 as attached to the permit.

 

Reason for condition

 

To clarify the scope of the permit.

PLN s1

Internal access must be provided between the two retail tenancies and the ground floor garbage area prior to the commencement of use, and must be maintained for the life of the building. 

Reason for condition

To avoid the operators of the retail tenancies using public footpaths and streets to access the ground floor garbage area

PLN s2

The palette of exterior colours and materials must reflect those within the local streetscape to the satisfaction of the Council's Director City Planning.

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

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

Reason for condition

To ensure that the development is undertaken in a manner that is sympathetic with the local streetscape.

PLN s3

 

The outdoor area at first floor level adjacent to the rear (northwestern) boundary of 81-83 Patrick Street must be landscaped to the satisfaction of the Council's Director City Planning prior to the commencement of the residential use of the building.


A landscaping plan must be submitted and approved by the Council's Director City Planning prior to the issue of any building permit (excluding demolition). The landscaping plan must:

1.   show the species and location of proposed trees and shrubs, and other structures, finishes, and the like for the outdoor area.

All work required by this condition must be undertaken in accordance with the approved landscaping plan and maintained by the building owners for the life of the building.

Advice: 

Once the landscaping 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 provide landscaping on an area of the building with an unspecified use

 

ENG 12

 

A construction waste management plan must be implemented throughout construction.

 

A construction waste management plan must be submitted and approved, prior to commencement of work on the site. The construction waste management plan must include:

 

1.      Provisions for commercial waste services for the handling, storage, transport and disposal of post­construction solid waste and recycle bins from the development; and

2.      Provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

 

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

 

 

Advice:

 

·        Once the construction waste 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.

 

·        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 can also be found on the Council’s website.

 

Reason for condition

 

To ensure that solid waste management from the site meets the Council’s requirements and standards.

 

ENG sw1

 

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

 

Reason for condition

 

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

 

ENG sw4

 

The development must be drained to Council infrastructure taking into account the limited receiving capacity of Council’s infrastructure. Any new stormwater connection(s) required must be constructed, and existing redundant connections must be sealed, by the Council at the owner’s expense prior to issue of a Certificate of Completion / first occupation/ sealing of the final plan, 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 be checked and certified by a qualified and experienced engineer and 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 (e.g backflow prevention, temporary stormwater storage, overflows);

 

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

 

4.      A clear distinction between public and private infrastructure.

 

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

 

Advice:

 

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

 

·        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.

 

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

 

Reason for condition

 

To ensure the site is drained adequately.

 

 

 

 

 

ENG sw7

 

Stormwater pre­ treatment from the development car park must be installed prior to issue of a certificate of completion or first occupancy.

 

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; and

 

3.      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).

 

OR

 

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; and

 

2.      Include detailed design of the car park area draining to sewer, including approval from Taswater.

 

 

 

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).

 

·        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 possible pollution of drainage systems and natural watercourses, to comply with relevant State legislation.

 

ENG sw8

 

Stormwater detention for stormwater discharges from the development must be installed prior to issue of a certificate of completion or first occupancy, whichever comes first.

 

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 be prepared by a suitably qualified engineer and include:

 

1.      Detailed design and supporting calculations of the detention tank, sized such that there is no increase in flows from the developed site up to 16 l/s for a worst case 5% AEP storm event. All assumptions must be clearly stated;

 

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

 

3.      Clarification of the emptying times and outlet size;

 

4.      A supporting maintenance plan; and

 

 

 

5.      A Stormwater Management Summary Plan that outlines the obligation for future property owners to stormwater management.

 

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).

 

·        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 development’s stormwater system takes into account limited receiving capacity of Council’s infrastructure.

 

ENG 13

 

An ongoing waste management plan for all commercial and domestic waste and recycling must be implemented post construction.

 

A waste management plan must be submitted and approved, prior to commencement of work on the site. The waste management plan must include provisions for commercial waste services for the handling, storage, transport and disposal of domestic waste and recycle bins from the development.

 

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

 

Advice:

 

·        Once the waste management plan has been approved 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 that solid waste management from the site meets the Council’s requirements and standards.

 

ENG tr2

 

A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).

 

The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved, prior to commencement work (including demolition). The construction traffic and parking management plan must:

 

1.      Be prepared by a suitably qualified person;

 

2.      Develop a communications plan to advise the wider community of the traffic and parking impacts during construction;

 

3.      Include a start date and finish dates of various stages of works;

 

4.      Include times that trucks and other traffic associated with the works will be allowed to operate; and

 

5.      Nominate a superintendent, or the like, to advise the Council of the progress of works in relation to the traffic and parking management with regular meetings during the works.

 

All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.

 

Advice:

 

·        Once the construction traffic and parking 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.

 

·        A separate construction traffic and parking management plan may be submitted for each stage of the proposed development (i.e. demolition, excavation, construction).

 

Reason for condition

 

To ensure the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

 

ENG 3a

 

The access driveway, and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed prior to the first occupation and in accordance with Australian Standard AS/NZS2890.1:2004, unless approved otherwise by Council.

 

Reason for condition

 

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

 

ENG 3b

 

The access driveway and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved, prior to the issuing of any approval under the Building Act 2016.

 

The access driveway and parking module (parking spaces, aisles and manoeuvring area) 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.      Demonstrate safe and efficient access, and use, where the design deviates from AS/NZS2890.1:2004;

 

4.      Show all class 1A car parking spaces;

 

5.      Show the locations of all structural columns and obstruction with regard to car parking spaces and provide clearance in accordance with Figure 5.2 of AS/NZS 2890.1:2004;

 

6.      Show all bicycle parking spaces; and

 

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

 

Advice:

 

·        A minimum of one (1) bicycle parking space must be provided that is accessible to the customers and a minimum of three (3) bicycle spaces must be provided that is accessible for employees of the commercial use component of the development.

 

·        The maximum number of bicycle parking spaces should be provided to offset the deficiency in car parking spaces.  Bicycle parking spaces accessible by visitors of the residential component of the development should be provided and may be located in areas such as lobby and/or entrance alcoves, however should not create a hazard for pedestrians or obstruct pedestrian access. Bicycle parking spaces for residents for the residential component of the development should be provided and may be located in any available spaces accessible by residents such as the on­site car park, however should not impact on any of the car parking spaces. All areas that can practically provide for bicycle parking spaces are to be utilised and clearly shown on the design.

 

·        All bicycle parking spaces are to be fully contained within the property boundaries of the subject site and not to encroach on to the highway reservation. A statement should also be provided describing the amount and location of the bicycle parking spaces to be provided.

 

·        There is no requirement to provide an on­site carparking space for people with disabilities for the residential use component of the development. The on­site car park will only be able to provide car parking for the residents and there will be no on­site car parking for customers or employees of the commercial component of the development.  There is no on­site car parking for customers or employees of the commercial component of the development and therefore no requirement to provide an on­site car parking space for people with disabilities for the commercial component of the development. The car parking space for people with disabilities may be removed to accommodate the minimum number of class 1A car parking spaces to be provided.

 

·        Once the design 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 safety of users of the access and parking module, and compliance with the relevant Australian Standard.

 

ENG 3c

 

The access driveway and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the design drawings approved by Condition ENG 3b.

 

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 minimum number of class 1A car parking spaces to be provided on the site for the residential use component of the development is thirty nine (39), unless approved otherwise by Council. All car parking spaces must be in accordance with Australian Standards AS/NZS 2890.1:2004 or a Council approved alternate design.

 

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1:2004, prior to first occupation.

 

Advice:

·        There is no requirement to provide an on­site car parking space for people with disabilities for the residential use component of the development. The on­site car park will only be able to provide car parking for residents and there will be no on­site car parking for customers or employees of the commercial component of the development.  There is no on­site car parking for customers or employees of the commercial component of the development and therefore no requirement to provide an on­site car parking space for people with disabilities for the commercial component of the development. The car parking space for people with disabilities may be removed to accommodate the minimum number of class 1A car parking spaces to be provided.

 

 

 

 

Reason for condition

 

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

 

ENG 6

 

The minimum number of bicycle parking spaces to be provided on the site for the commercial use (general retail and hire, and food services) component of the development is four (4), unless approved otherwise by Council.  A minimum of one (1) bicycle parking space must be accessible to the customers and a minimum of three (3) bicycle spaces must be accessible for employees of the commercial use component of the development.

 

All bicycle parking spaces must be in accordance with Australian Standards AS 2890.3: 2015 or a Council approved alternate design and provided prior to commencement of use.

 

Advice:

 

·        The maximum number of bicycle parking spaces should be provided on site to offset the deficiency in car parking spaces. Bicycle parking spaces accessible by visitors of the residential component of the development should be provided and may be located in areas such as lobby and/or entrance alcoves, however should not create a hazard for pedestrians or obstruct pedestrian access. Bicycle parking spaces for residents of the residential component of the development should be provided and may be located in any available spaces accessible by residents such as the on­site car park, however should not impact on any of the car parking spaces. All areas that can practically provide for bicycle parking spaces are to be utilised.  All bicycle parking spaces are to be fully contained within the property boundaries of the subject site and not to encroach on to the highway reservation.

 

Reason for condition

 

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

 

 

 

 

 

 

ENG 11

 

Prior to the first occupation, the driveway crossovers to be abandoned must be reinstated and the proposed crossover on the Patrick Street highway reservation must be designed and constructed in general accordance with the following Tasmanian Standard Drawings:

 

1.      Urban ­ TSD­R09­v1 Urban Roads Driveways and TSD R14­v1 Type KC vehicular crossing; and

 

2.      Footpath ­ Urban Roads Footpaths TSD­R11­v1.

 

Advice:

 

·        Any deviation from the Tasmanian Standard Drawings will require Council City Amenity Division approval.

 

·        Redundant crossovers are required to be reinstated under the Hobart City Council’s Highways By ­law.

 

·        You will require a Permit to Open Up and Temporarily Occupy a Highway (for works within the road reserve) in order to reinstate the existing and construct the proposed crossovers.

 

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 s1

 

An adequate overland flow path must be maintained through the site, such that flows are excluded from the dwelling and not redirected onto third­party land, for the 1% AEP as at 2100 (including climate change loading) storm event.

 

Plans certified by a suitably qualified and experienced engineer as meeting the above requirement must be submitted prior to issue of any consent under the Building Act 2016 or commencement of works (whichever occurs first).

 

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

 

Advice:

 

·        Overland flow paths will need to demonstrate the excess flows caused from 1% AEP with climate change comply with the above condition, and are direct to public infrastructure.

 

Reason for condition

 

To ensure that the risks associated with inundation are adequately managed.

 

 

 

 

 

ENG s2

 

A loading zone on Harrington Street (or equivalent Council approved location) must be installed prior to the commencement of use of the commercial use (general retail and hire, and food services) components of the development.

 

Advice:

 

·        Approval will be required from Council's City Planning Division Manager Traffic Engineering in a process separate to the planning process. All works will be at the developer's expense. Please contact Council's City Planning Division Manager Traffic Engineering with regard to the application for any proposed loading zone and/or other changes to on­street parking.

 

Reason for condition

 

To ensure facilities for commercial vehicles are provided within 50m of the site.

 

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 6

 

All onsite excavation and disturbance must be monitored by a qualified archaeologist. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

 

1.      All excavation and/or disturbance must stop immediately;

 

2.      The qualified archaeologist must provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance;

 

3.      All and any recommendations made by the archaeologist engaged in accordance with (2) above must be complied with in full;

 

4.      All features and/or deposits discovered must be reported to the Council with five days of the discovery; and

 

5.      A copy of the archaeologist's advice, assessment and recommendations obtained in accordance with paragraph (2) above must be provided to Council within five days of receipt of the advice, assessment and recommendations.

 

Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

 

 

 

 

 

 

 

 

Reason for condition

 

To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence.

 

 

HER 7

 

In the event of the Statement of Archaeological Potential (see HER s3 below) confirming the likelihood of nineteenth century structures remaining on the site, archival quality annotated photographs and drawings of the building and features to be demolished must be recorded prior to commencement of work.

 

The photographs and drawings must be submitted and approved, prior to the commencement of work. The photographs and drawings must include:

 

1.      Each elevation of the building;

 

2.      The interior of the building;

 

3.      Architectural design detailing of the building;

 

4.      Both electronic and hard copy colour images;

 

5.      Photographs of any detail that may be of historical or architectural interest; and

 

6.      Cross referencing of all photographs to an “as existing” plan showing the location and orientation of the camera.

 

Advice:

 

·        Once the annotated photographs and drawings have 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 recognition of the historic cultural heritage significance of the place.

 

HER 8

 

Salvage must be undertaken to ensure the protection and/or reuse of heritage fabric.

 

Documentation must be submitted and approved, prior to the commencement of work. The documentation must outline the proposed salvage, retrieval and recycle options of the following building fabric, to satisfy the above requirement.

 

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

 

Advice:

 

·        Once the documentation 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 that demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage values unless there are exceptional circumstance.

 

HER s3

 

A certified Statement of Archaeological Potential, a certified Archaeological

Impact Assessment, and a certified Archaeological Method Statement,

all prepared by a suitably qualified archaeologist, must be provided to the

Council prior to the commencement of work.

 

All works, required by this condition must be undertaken in accordance with the certified Archaeological Method Statement.

 

Reason for condition

 

To ensure that the works is done to the satisfaction of the Council, and to comply with Clause E13.10, requiring protection of historical archaeological values.

 

 

HER s4

 

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

 

1.      Compliance with all recommendations of the Archaeological Method Statement.

 

2.      Any design amendments required to mitigate impact upon historical archaeological values, in accordance with the Archaeological Method Statement.

 

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

 

Reason for condition

 

To comply with clause E13.10, by protecting historical archaeological values.

 

ENVHE 1

 

Recommendations in the report Environmental Site Assessment 209 ­ 215 Harrington Street, Hobart September 2018 by Geo Environmental Solutions must be implemented, for the duration of the building works.

 

Reason for condition

 

To ensure that the risk to future occupants of the building remain low and acceptable.

 

 

 

 

 

SURV 8

 

The applicant, at no cost to the Council, must have prepared, entered into, and have registered at the Land Titles Office, a deed pursuant to Section 75CA of the Conveyancing and Law of Property Act 1884 for the awning encroachments over Harrington and Patrick Streets, prior to the issue of a completion certificate.

 

Advice:

·        A Section 75CA Conveyancing & Law of Property Act 1884 certificate for the occupation of a Highway requires that the encroachment is a minimum 2.40 metres above the footpath or 4.25 metres above the road carriageway. A 600mm set back from the back of kerb may also be required.

·        The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing & Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated $230 Council application fee and the Land Titles Office registration fee, to the Council for execution and subsequent registration within the Land Titles Office.

 

Reason for condition

 

To ensure that the proposed or existing building encroachments over Harrington and Patrick Streets are formalised in accordance with statutory provisions.

 

SUB s1

 

The titles comprising the development site (CT 197488/1, CT 247958/1, CT 203787/1, CT 232390/1, CT 52395/1 and CT 52394/1) must be adhered in accordance with the provisions of section 110 of the Local Government (Building & Miscellaneous Provisions) Act 1993, to the satisfaction of the Council prior to the issue of any occupancy permit.

 

Advice:

·        The application for an adhesion order to the Council has a fee of $230. Evidence will be required that the owners and mortgagees do not object to the adhesion and the condition is considered completed when a copy of the engrossed receipt of the Land Titles Office lodgement slip for the adhesion order has been received by the Council.

 

 

Reason for condition

 

To ensure compliance with statutory provisions.

 

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.

 

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 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.

 

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 the service easement, you will require the written consent of the person on whose behalf the easement was created, in accordance with section 74 of the Building Act 2016.

 

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

 

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

 

NEW SERVICE CONNECTION

 

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

 

STORM WATER

 

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

 

STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN

 

The design of structures (including footings) must provide protection for the Council’s infrastructure. For information regarding appropriate designs please contact the Council's City Infrastructure Division.

 

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.

 

CBD AND HIGH VOLUME FOOTPATH CLOSURES

 

Please note that the City of Hobart does not support the extended closure of public footpaths or roads to facilitate construction on adjacent land.

 

It is the developer's responsibility to ensure that the proposal as designed can be constructed without reliance on such extended closures.

 

In special cases, where it can be demonstrated that closure of footpaths in the CBD and/or other high volume footpaths can occur for extended periods without unreasonable impact on other businesses or the general public, such closures may only be approved by the full Council.

 

For more information about this requirement please contact the Council's Traffic Engineering Unit on 6238 2804.

 

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.

 

 

 

 

STORM WATER / ROADS / ACCESS

 

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

 

TITLE ADHESION

 

An adhesion of your titles is required because a portion of your development is across one or more title boundaries. Contact your solicitor or a registered land surveyor to initiate the process.

 

WORK PLACE HEALTH AND SAFETY

 

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

 

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.

 

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.

 

RESIDENTIAL PARKING PERMITS ELIGIBILITY

 

It is advised that this development will not be eligible for residential parking permits for on­street parking.

 

URBAN DESIGN ADVISORY PANEL

 

The Council's Urban Design Advisory Panel considered this application at its meeting of 22 March 2019 and made the following recommendations which are provided for the applicant's consideration:

 

·        The protection of residential amenity (setback) with the balconies and windows located on the boundary of the site. The Panel raised concern that the design is unlikely to comply with the Building Code of Australia and that the applicant should seek advice from a building surveyor before proceeding further with the Application.

 

·        The Panel felt that the design of the lobby was awkward as it lacked a linkage to the stairs. It was also noted that the split floor levels incorporating steps leading to alternate fire exits may raise concerns around the adequacy of disability access and fire safety.

 

·        The first floor of the proposal above the car park shows an outdoor area of vacant space. The Panel raised the opportunity for landscaping within this space and suggested this could be utilised as a common area for residents.

 

·        The ground floor shows no internal access to garbage disposal area. The Panel felt that there should be an internal connection to the garbage disposal area for both residents and the occupiers of the retail space.

 

·        The Panel notes that the proposal includes no external common spaces or landscaping and suggests that consideration be given to the provision of outdoor dining, landscaping and greenery that would encourage interaction from the street and where possible with neighbouring properties. The canopy/awning projection over the footpath was also noted as being very shallow.

 

·        The Panel did consider the elevational treatment patterns to be an improvement on the previous application however believes that the lobby / entrance section to the north­west end of the building could be improved with a glazed panel or similar for additional natural light.

 

·        Concerns were raised regarding the colour palette and finishes. The Panel believed that the black, white and grey concrete finishes were particularly austere for a prominent residential complex in this location.

 

 

BEHRAKIS

EWIN                                                        That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

Alderman Behrakis declared an interest in item 9.3 and left the meeting at 5.22 pm.

 

 

9.3      55 Mount Stuart Road, Mount Stuart - PLN-18-716

            File Ref: F19/53467

Ref:    Open CPC 7.1.3, 13/05/2019

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for four multiple dwellings and works in road reserve at 55 Mount Stuart Road, Mount Stuart and adjacent 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 13 May 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 PLN-18-716 - 55 MOUNT STUART ROAD MOUNT STUART 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 2019/00266-HCC dated 1/3/2019 as attached to the permit. 

Reason for condition

To clarify the scope of the permit.

PLN s3


Parking and vehicle circulation roadways and pedestrian paths must be provided with lighting to a standard which satisfies all of the following:

1.   Enables easy and efficient use of the area;

 

2.   Minimises potential for conflicts involving pedestrians, cyclists and vehicles;

 

3.   Prevents unreasonable impact on the amenity of adjoining users through light overspill; and

 

4.   Is appropriate to the hours of operation of the use.


Prior to the issue of any approval under the Building Act 2016, plans demonstrating compliance with this condition must be submitted and approved by the Council's Director City Planning.  

Once the plans are approved, the approved lighting must be installed prior to the issue of a Certificate of Occupancy, and must be maintained in place in accordance with the approved plans by the owners of the property.



Reason for condition

To ensure parking and vehicle circulation roadways and pedestrian paths are provided with lighting to a standard which: Enables easy and efficient use; Promotes the safety of users; Minimises opportunities for crime or anti-social behaviour; and Prevents unreasonable light overspill impacts.


 

PLN s4


The first floor kitchen/office area window on the eastern elevation of Townhouse 1, must be in accordance with that shown in the shading studies, not the highlight window shown on plan A19.

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

All work required by this condition must be undertaken prior to occupancy of Townhouse 1 in accordance with the approved revised plans. 


Reason for condition

To clarify the scope of the permit. 

ENG sw1


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


Reason for condition

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

ENG sw4


If a new stormwater connection is required, the new stormwater 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;

 

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

 

3.   A long section of the connection showing the cover on the pipe.


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

 


Advice: 

·      The applicant is advised to submit detailed design drawings via 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 sw7


Stormwater pre-treatment for stormwater discharges from the development must be installed and a Treatment Train Maintenance Contract entered into prior to the commencement of use.

The stormwater pre-treatment system must incorporate a treatment system of a size and design sufficient to achieve the stormwater quality targets in accordance with the State Stormwater Strategy 2010.

The stormwater pre-treatment system must be maintained for the life of the development. 

Reason for condition 

To avoid the possible pollution of drainage systems and natural watercourses, and to comply with relevant State legislation.

ENG sw8


Prior to first occupation or commencement of use (whichever occurs first), an onsite stormwater detention system must be installed to limit stormwater discharge from the site to the pre-development level. The permissible site discharge for a 1:20 Average Recurrence Interval (ARI) storm event of any duration is 12 L/s.

Prior to any approval under the Building Act 2016, a stormwater management report and detention design must be submitted and approved by Council. The stormwater management report and detention design must be prepare by a suitably qualified engineer and include:

1.   Detailed design and supporting calculations of the detention tank, sized such that the permissible site discharge of 12 L/s is not exceeded for all duration 1:20 ARI storm events.  All assumptions must be clearly stated;

 

2.   Design drawings of the detention tank showing the layout, the inlet and outlet (including how outflows will be limited), the overflow mechanism; and

 

 

 

 

 

3.   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: 

·      If the parking module is proposed to be free draining from the site, this condition can be met by providing a single 6000L tanks with a maximum driving head of 1.75m and 45mm sharp edged orifice plate outlet. If the developer wishes to utilise four (4) of 1500 Litre detentions tanks (one for each dwelling positioned in parallel), it is recommended to plumb these into a single flow restriction pit with a single flow limiting device (as four individual orifice plate flow restrictors [one on each dwelling's tank] will be too small diameter to be practical).

 

·      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 and the associated fees).

 

·      It is advised that documentation for condition endorsement is lodged well before a building / plumbing permit is required, as failure to address design requirements until building / plumbing permit stage may result in unexpected delays.


Reason for condition 

To ensure that the stormwater runoff quantity is managed to take into account the limited receiving capacity of the downstream Council stormwater infrastructure.

ENG tr2


A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).


The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved, prior to any approval under the Building Act 2016 or commencement of work on site (whichever occurs first). A plan may be provided for each individual stage or the whole development. The construction traffic and parking management plan must:

1.   Be prepared by a suitably qualified person.

 

2.   Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.

 

3.   Include a start date and finish dates of various stages of works.

 

4.   Include times that trucks and other traffic associated with the works will be allowed to operate. 

 

5.   Nominate a superintendent, or the like, to advise the Council of the progress of works in relation to the traffic and parking management with regular meetings during the works.


All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.

Advice: 

·      Once the construction traffic and parking 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 safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

ENG 2a


Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring 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:

·      The Council does not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.

 

·      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 in the parking module this area may be considered as a path of access to a building.


Reason for condition

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

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 circulation roadways, ramps 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) with the following exception that the maximum gradient for the centreline of turning areas is to be 15%.

Reason for condition

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


ENG 3b


The circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved, prior to the issuing of any approval under the Building Act 2016.

The circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) 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.   Include within the design mechanism to provide protection to the heritage wall;

 

4.   Demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, where the design deviates from AS/NZS2890.1:2004; and

 

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

 

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.

 

 

 

 

·      Once the design 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 safety of users of the access and parking module, and compliance with the relevant Australian Standard.


ENG 3c


The circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the design drawings approved by Condition ENG 3b. 

 
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 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, 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.

ENG 13


The front wall/fencing and gate at the Mount Stuart Road and Byard Street vehicular accesses 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; or

 

3.   Increasing the transparency of fencing for at least 1m on each side of driveway/s so that those sections of fencing are greater than 50% transparent; or

 

4.   Reducing the wall/fence height to a maximum of 1.2m for a distance 1.5m either side of the access.

 

 


All work required by this condition must be undertaken prior to the commencement of use in accordance with the approved drawings.


Advice: 

·      The applicant may submit amended drawings to satisfy this condition as either part of an application for building approval, 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.

ENG R3


Prior to the commencement of use, the proposed driveway crossovers within the Mount Stuart Road and Byard Street highway reservations, and the proposed footpath realignment on Mount Stuart Road, must be designed and constructed in in accordance with: 

·      TSD-R09-v1 – Urban Roads Driveways, TSD-R14-v1 Type KC vehicular crossing and TSD-R11-v1 Urban Roads Footpaths; or

·      A Council City Amenity approved alternate design.


Design drawings must be submitted and approved prior to any approval under the Building Act 2016. The design drawing must:

1.   Show the cross and long section (both wheel paths) of the driveway crossover within the highway reservation and onto the property.

 

2.   Show the cross and long section of the proposed footpath realignment within the highway reservation.

 

3.   Detail any services, infrastructure (e.g. light poles, pits, awnings) or street trees at or near the proposed driveway crossover / footpath realignment.

 

4.   Be designed for the expected vehicle loadings. A structural certificate to note that driveway is suitable for heavy vehicle loadings.

 

5.   Show swept path templates in accordance with AS/NZS 2890.1 2004(B85 or B99 depending on use, design template). 

 

6.   Demonstrate that a B85 vehicle or B99 depending on use (AS/NZS 2890.1 2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the car's underside ,if the design deviates from the requirements of the TSD.

 

7.   Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004 or as approved under conditions of this permit.

 

8.   Be prepared and certified by a suitable qualified person, to satisfy the above requirement.


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


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 works will comply with the Council’s standard requirements.


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 20


The developer must provide and plant an Irish Yew (Taxus baccata 'Aurea') and a Bay Tree (Laurus nobilis) on the site to replace the significant trees that will be removed.  Prior to the issue of any approval under the Building Act 2016, a landscaping plan demonstrating compliance with this condition must be submitted to and approved by the Council's Director City Planning. 

The landscaping plan must show:

1.   the location of an Irish Yew (Taxus baccata 'Aurea') and a Bay Tree (Laurus nobilis) on the site;

 

2.   the location of the stone footings at the base of the southern wall of the remains of the original dwelling on the site, required to be retained by condition HER s1;

 

3.   a scale, dimensions and north point;

 

4.   all proposed buildings and impervious surfaces, including details of surface finishes of pathways and driveways

 

5.   all buildings and trees (including botanical names) on neighbouring properties within three metres of boundaries shared with the subject site.


The planting of the Irish Yew (Taxus baccata 'Aurea') and Bay Tree (Laurus nobilis) required by this condition must be completed in accordance with the approved landscaping plan prior to first occupation of the development.  The trees must be maintained by the property owners, and replacement vegetation must be planted if any is lost.


Reason for condition

To replace significant trees that would be removed as a result of the development.

HER s1


Demolition of the stone footings at the base of the southern wall of the remains of the original dwelling on the site (i.e. not that of the enclosed sunroom addition) is not approved. The stonework and any structures up to floor level within this elevation must be retained and protected. Any development above or adjacent to the footings must allow the footings to be visible from the adjacent section of Mount Stuart Road, and from the adjacent part of the proposed driveway.

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

1.   Incorporated into the design of the development in accordance with the above requirements; and

 

2.   Protected during construction of the development; and 

 

3.   Protected once construction of the development is complete, including how the parts of the footings adjacent to the driveway would be protected from vehicle impact.


All work required by this condition must be undertaken in accordance with the approved plans, and must be maintained in accordance with the approved plans by the owners of the property.


Reason for condition

To ensure that development at a heritage place is: 

 

(a)   undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance; and

 

 (b)   designed to be subservient to the historic cultural heritage values of the place and responsive to its dominant characteristics.

 

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.

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 2016Building Regulations 2016 and the National Construction Code. Click 
here for more information.

OCCUPATION OF THE PUBLIC HIGHWAY


As you are constructing new crossovers and realigning footpaths you will require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information. 

NEW SERVICE CONNECTION


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

STORM WATER


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


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. 

STREET LIGHTING


The relocation of a light pole must be in accordance with TasNetworks and Hobart City Council requirements. Click 
here for more information. 

WEED CONTROL


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

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. 

 

 

BRISCOE

EWIN                                                        That the recommendation be adopted.

 

Amendment

 

Dutta

Sherlock

 

That the following condition be included:

                                                                                                                                        

‘Prior to the commencement of work onsite, the owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993, which requires that:

 

1.         The landscaping plan as depicted on drawing A05 (plot date 25/10/2018, Rev: -) must be implemented.

2.         If either or both of the Bay Tree (Laurus nobilis) and the Irish Yew Tree (Taxus baccata ‘Aurea’) as depicted in the above landscape plan are destroyed, damaged, or die, they must be replaced by trees of the same species.

 

3.         The removal of either or both of the Bay Tree (Laurus nobilis) and Irish Yew Tree (Taxus baccata ‘Aurea’) is prohibited unless the written consent of the Council’s Director City Planning is obtained prior to their removal.

 

All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.

 

The owner must comply with the Part 5 Agreement which will be placed on the property title.

 

Advice: For further information with respect to the preparation of a Part 5 agreement please contact the Council’s Development Appraisal Unit on 6238 2715.

 

Reason for condition

 

To ensure that the required trees are retained and properly maintained.’

 

 

     AMENDMENT CARRIED

 

 

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Dutta

 

Ewin

 

Sherlock

 

 

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

AYES

NOES

Sexton

Lord Mayor Reynolds

Thomas

Briscoe

Harvey

Dutta

Ewin

 

Sherlock

 

 

 

 

COUNCIL RESOLUTION:

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for four multiple dwellings and works in road reserve at 55 Mount Stuart Road, Mount Stuart and adjacent 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 13 May 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 PLN-18-716 - 55 MOUNT STUART ROAD MOUNT STUART 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 2019/00266-HCC dated 1/3/2019 as attached to the permit. 

Reason for condition

To clarify the scope of the permit.

PLN s3


Parking and vehicle circulation roadways and pedestrian paths must be provided with lighting to a standard which satisfies all of the following:

1.   Enables easy and efficient use of the area;

 

2.   Minimises potential for conflicts involving pedestrians, cyclists and vehicles;

 

3.   Prevents unreasonable impact on the amenity of adjoining users through light overspill; and

 

4.   Is appropriate to the hours of operation of the use.


Prior to the issue of any approval under the Building Act 2016, plans demonstrating compliance with this condition must be submitted and approved by the Council's Director City Planning.  

Once the plans are approved, the approved lighting must be installed prior to the issue of a Certificate of Occupancy, and must be maintained in place in accordance with the approved plans by the owners of the property.



Reason for condition

To ensure parking and vehicle circulation roadways and pedestrian paths are provided with lighting to a standard which: Enables easy and efficient use; Promotes the safety of users; Minimises opportunities for crime or anti-social behaviour; and Prevents unreasonable light overspill impacts.


 

PLN s4


The first floor kitchen/office area window on the eastern elevation of Townhouse 1, must be in accordance with that shown in the shading studies, not the highlight window shown on plan A19.

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

All work required by this condition must be undertaken prior to occupancy of Townhouse 1 in accordance with the approved revised plans. 


Reason for condition

To clarify the scope of the permit. 

ENG sw1


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


Reason for condition

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

ENG sw4


If a new stormwater connection is required, the new stormwater 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;

 

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

 

3.   A long section of the connection showing the cover on the pipe.


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

 


Advice: 

·      The applicant is advised to submit detailed design drawings via 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 sw7


Stormwater pre-treatment for stormwater discharges from the development must be installed and a Treatment Train Maintenance Contract entered into prior to the commencement of use.

The stormwater pre-treatment system must incorporate a treatment system of a size and design sufficient to achieve the stormwater quality targets in accordance with the State Stormwater Strategy 2010.

The stormwater pre-treatment system must be maintained for the life of the development. 

Reason for condition 

To avoid the possible pollution of drainage systems and natural watercourses, and to comply with relevant State legislation.

ENG sw8


Prior to first occupation or commencement of use (whichever occurs first), an onsite stormwater detention system must be installed to limit stormwater discharge from the site to the pre-development level. The permissible site discharge for a 1:20 Average Recurrence Interval (ARI) storm event of any duration is 12 L/s.

Prior to any approval under the Building Act 2016, a stormwater management report and detention design must be submitted and approved by Council. The stormwater management report and detention design must be prepare by a suitably qualified engineer and include:

1.   Detailed design and supporting calculations of the detention tank, sized such that the permissible site discharge of 12 L/s is not exceeded for all duration 1:20 ARI storm events.  All assumptions must be clearly stated;

 

2.   Design drawings of the detention tank showing the layout, the inlet and outlet (including how outflows will be limited), the overflow mechanism; and

 

 

 

 

3.   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: 

·      If the parking module is proposed to be free draining from the site, this condition can be met by providing a single 6000L tanks with a maximum driving head of 1.75m and 45mm sharp edged orifice plate outlet. If the developer wishes to utilise four (4) of 1500 Litre detentions tanks (one for each dwelling positioned in parallel), it is recommended to plumb these into a single flow restriction pit with a single flow limiting device (as four individual orifice plate flow restrictors [one on each dwelling's tank] will be too small diameter to be practical).

 

·      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 and the associated fees).

 

·      It is advised that documentation for condition endorsement is lodged well before a building / plumbing permit is required, as failure to address design requirements until building / plumbing permit stage may result in unexpected delays.


Reason for condition 

To ensure that the stormwater runoff quantity is managed to take into account the limited receiving capacity of the downstream Council stormwater infrastructure.

ENG tr2


A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).


The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved, prior to any approval under the Building Act 2016 or commencement of work on site (whichever occurs first). A plan may be provided for each individual stage or the whole development. The construction traffic and parking management plan must:

 



1.   Be prepared by a suitably qualified person.

 

2.   Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.

 

3.   Include a start date and finish dates of various stages of works.

 

4.   Include times that trucks and other traffic associated with the works will be allowed to operate. 

 

5.   Nominate a superintendent, or the like, to advise the Council of the progress of works in relation to the traffic and parking management with regular meetings during the works.


All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.

Advice: 

·      Once the construction traffic and parking 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 safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

ENG 2a


Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring 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:

·      The Council does not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.

 

·      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 in the parking module this area may be considered as a path of access to a building.


Reason for condition

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

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 circulation roadways, ramps 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) with the following exception that the maximum gradient for the centreline of turning areas is to be 15%.

Reason for condition

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


ENG 3b


The circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved, prior to the issuing of any approval under the Building Act 2016.

The circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) 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.   Include within the design mechanism to provide protection to the heritage wall;

 

4.   Demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, where the design deviates from AS/NZS2890.1:2004; and

 

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

 

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.

 

 

 

 

·      Once the design 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 safety of users of the access and parking module, and compliance with the relevant Australian Standard.


ENG 3c


The circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the design drawings approved by Condition ENG 3b. 

 
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 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, 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.

ENG 13


The front wall/fencing and gate at the Mount Stuart Road and Byard Street vehicular accesses 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; or

 

3.   Increasing the transparency of fencing for at least 1m on each side of driveway/s so that those sections of fencing are greater than 50% transparent; or

 

4.   Reducing the wall/fence height to a maximum of 1.2m for a distance 1.5m either side of the access.

 


All work required by this condition must be undertaken prior to the commencement of use in accordance with the approved drawings.


Advice: 

·      The applicant may submit amended drawings to satisfy this condition as either part of an application for building approval, 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.

ENG R3


Prior to the commencement of use, the proposed driveway crossovers within the Mount Stuart Road and Byard Street highway reservations, and the proposed footpath realignment on Mount Stuart Road, must be designed and constructed in in accordance with: 

·      TSD-R09-v1 – Urban Roads Driveways, TSD-R14-v1 Type KC vehicular crossing and TSD-R11-v1 Urban Roads Footpaths; or

·      A Council City Amenity approved alternate design.


Design drawings must be submitted and approved prior to any approval under the Building Act 2016. The design drawing must:

1.   Show the cross and long section (both wheel paths) of the driveway crossover within the highway reservation and onto the property.

 

2.   Show the cross and long section of the proposed footpath realignment within the highway reservation.

 

3.   Detail any services, infrastructure (e.g. light poles, pits, awnings) or street trees at or near the proposed driveway crossover / footpath realignment.

 

4.   Be designed for the expected vehicle loadings. A structural certificate to note that driveway is suitable for heavy vehicle loadings.

 

5.   Show swept path templates in accordance with AS/NZS 2890.1 2004(B85 or B99 depending on use, design template). 

 

6.   Demonstrate that a B85 vehicle or B99 depending on use (AS/NZS 2890.1 2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the car's underside ,if the design deviates from the requirements of the TSD.

 

7.   Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004 or as approved under conditions of this permit.

 

8.   Be prepared and certified by a suitable qualified person, to satisfy the above requirement.


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


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 works will comply with the Council’s standard requirements.


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 20


The developer must provide and plant an Irish Yew (Taxus baccata 'Aurea') and a Bay Tree (Laurus nobilis) on the site to replace the significant trees that will be removed.  Prior to the issue of any approval under the Building Act 2016, a landscaping plan demonstrating compliance with this condition must be submitted to and approved by the Council's Director City Planning. 

The landscaping plan must show:

1.   the location of an Irish Yew (Taxus baccata 'Aurea') and a Bay Tree (Laurus nobilis) on the site;

 

2.   the location of the stone footings at the base of the southern wall of the remains of the original dwelling on the site, required to be retained by condition HER s1;

 

3.   a scale, dimensions and north point;

 

4.   all proposed buildings and impervious surfaces, including details of surface finishes of pathways and driveways

 

5.   all buildings and trees (including botanical names) on neighbouring properties within three metres of boundaries shared with the subject site.


The planting of the Irish Yew (Taxus baccata 'Aurea') and Bay Tree (Laurus nobilis) required by this condition must be completed in accordance with the approved landscaping plan prior to first occupation of the development.  The trees must be maintained by the property owners, and replacement vegetation must be planted if any is lost.


Reason for condition

To replace significant trees that would be removed as a result of the development.

HER s1


Demolition of the stone footings at the base of the southern wall of the remains of the original dwelling on the site (i.e. not that of the enclosed sunroom addition) is not approved. The stonework and any structures up to floor level within this elevation must be retained and protected. Any development above or adjacent to the footings must allow the footings to be visible from the adjacent section of Mount Stuart Road, and from the adjacent part of the proposed driveway.

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

1.   Incorporated into the design of the development in accordance with the above requirements; and

 

2.   Protected during construction of the development; and 

 

3.   Protected once construction of the development is complete, including how the parts of the footings adjacent to the driveway would be protected from vehicle impact.


All work required by this condition must be undertaken in accordance with the approved plans, and must be maintained in accordance with the approved plans by the owners of the property.


Reason for condition

To ensure that development at a heritage place is: 

 

(a)   undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance; and

 

 (b)   designed to be subservient to the historic cultural heritage values of the place and responsive to its dominant characteristics.

PART 5 1

 

Prior to the commencement of work onsite, the owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993, which requires that:

 

1.         The landscaping plan as depicted on drawing A05 (plot date 25/10/2018, Rev: -) must be implemented.

2.         If either or both of the Bay Tree (Laurus nobilis) and the Irish Yew Tree (Taxus baccata ‘Aurea’) as depicted in the above landscape plan are destroyed, damaged, or die, they must be replaced by trees of the same species.

 

3.         The removal of either or both of the Bay Tree (Laurus nobilis) and Irish Yew Tree (Taxus baccata ‘Aurea’) is prohibited unless the written consent of the Council’s Director City Planning is obtained prior to their removal.

 

All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.

 

The owner must comply with the Part 5 Agreement which will be placed on the property title.

 

 

 

Advice: For further information with respect to the preparation of a Part 5 agreement please contact the Council’s Development Appraisal Unit on 6238 2715.

 

Reason for condition

 

To ensure that the required trees are retained and properly maintained.’

 

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.

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 2016Building Regulations 2016 and the National Construction Code. Click 
here for more information.

OCCUPATION OF THE PUBLIC HIGHWAY


As you are constructing new crossovers and realigning footpaths you will require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information. 

NEW SERVICE CONNECTION


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

STORM WATER


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


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. 

STREET LIGHTING


The relocation of a light pole must be in accordance with TasNetworks and Hobart City Council requirements. Click 
here for more information. 

WEED CONTROL


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

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. 

 

 

 

 

 

 

 

 

 

 

BRISCOE

SEXTON 

 

That item 29 be now taken.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

Item 29 was then taken.

 

 

10.      2019-20 Fees and Charges - City Planning Division

            File Ref: F19/48470

Ref:    Open CPC 8.1, 13/05/2019

 

The attached schedule of fees and charges be endorsed for the City Planning Division for the 2019-20 financial year, marked as Attachments A-M and as referenced below:

·    Development Compliance (Attachment A)

·    Public Health Infringements (Attachment B)

·    Public Health Registrations / Licences (Attachment C)

·    Public Health Services – Other (Attachment D)

·    City Inspector (Attachment E)

·    Development Compliance Infringements (Attachment F)

·    Development Compliance Plumbing (Attachment G)

·    Legal and Animal Management (Attachment H)

·    City Planning Publications (Attachment I)

·    Scheme Amendments (Attachment J)

·    Development Appraisal (Attachment K)

·    Development Appraisal Engineering (Attachment L)

·    3D GIS Services (Attachment M)

 

 

 

behrakis

ewin                                               That the recommendation be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

11.      Penalties for Illegal Demolition

            File Ref: F19/52253; 16/117

Ref:    Open CPC 8.2, 13/05/2019

 

That:   1.    The Council write to the State Government requesting a legislative amendment to increase the penalties in the Land Use Planning and Approvals Act 1993 for unlawful use or development and introduce alternative sentencing options consistent with the provisions introduced in NSW as set out in Attachment B to item 8.2 of the Open City Planning Committee agenda of 13 May 2019.

(i)      The Council write to the Local Government Association of Tasmania to seek support in lobbing the State Government to implement the legislative amendment as stipulated in Clause 1.

 

behrakis

harvey                                        That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

12.      Affordable Housing Inclusionary Zoning - Consideration of Deferred Item

            File Ref: F19/51945; 17/167

Ref:    Open CPC 8.3, 13/05/2019

 

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.

 

 

behrakis

Sherlock                                            That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

 

 

 

 

 

13.      Monthly Building Statistics - 1 April 2019 - 30 April 2019

            File Ref: F19/50209

Ref:    Open CPC 8.4, 13/05/2019

 

That the information be received and noted.

 

The Director City Planning reports:

 

A.     1.      During the period 1 April 2019 to 30 April 2019, 35 permits were issued to the value of $11,543,331 which included:

 

(i)      19 for Extensions/Alterations to Dwellings to the value of $5,513,115;

 

(ii)     14 New Dwellings to the value of $4,457,201; and

 

(iii)    3 Major Projects:

 

(a)     92-96 Argyle Street, Hobart - Commercial Internal Alterations to office and retail - $2,400,000;

 

(b)     128 Strickland Avenue, South Hobart - Demolition, Five Multiple Dwellings and Associated Works - $2,000,000;

 

(c)     40 Melville Street, Hobart - Staged Application - Student accommodation early works (up to the completion of LG slab only) - $1,545,328.

 

         2.       During the period 1 April 2018 to 30 April 2018, 71 permits were issued to the value of $24,016,869 which included:

 

                   (i)      37 Extensions/Alterations to Dwellings to the value of $5,122,271

 

                   (ii)     18 New Dwellings to the value of $6,626,025; and

 

                   (iii)    3 Major Projects:

 

(a)     2 Melville Street, Hobart - Commercial Fit Out (IVF Clinic) - $5,000,000;

 

(b)     85-89 Collins Street, Hobart - Commercial Internal Alterations (H&M Fitout) - $3,060,000;

 

(c)     14 Stephanie Close, Sandy Bay - New House - $1,750,000.

B.      1.      In the twelve months ending April 2018, 695 permits were issued to the value of $420,913,820; and

 

          2.      In the twelve months ending April 2019, 610 permits were issued to the value of $335,262,071.

 

 

 

 

 

 

behrakis

Sherlock                                            That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

 

14.      COP24 - Katowice Poland - 4 to 14 December 2018

            File Ref: F19/52904; 13-1-10

Ref:    Open CPC 8.5, 13/05/2019

 

That:   1.    The information contained in the report, titled COP24 Katowice Poland – 4 to 14 December 2018 dated 11 April 2019, be received and noted, as amended by the deletion of the following dot point from the section titled ‘Outcomes’:

l   Council officers continue to mentor smaller regional councils located in the south of Tasmania with the development of appropriate climate change initiatives.

2.    Council officers be officially acknowledged for their important work with both mitigating and adapting to climate change regionally and locally.

3.    A media release communicating the outcomes as outlined in Councillor Harvey’s report titled COP24 Katowice Poland – 4 to 14 December 2018 dated 11 April 2019, be issued at the appropriate time.

 

 

 

behrakis

harvey                                        That the recommendation be adopted.

 

MOTION CARRIED

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

 

 

 

 

Motions of which notice has been given

 

IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015

 

15.      Climate and Biodiversity Emergency

            File Ref: F19/56096; 13-1-10

 

Councillor Harvey

Preamble:

There is a growing awareness across that world that political leaders have failed to respond to the urgency of addressing climate change and to meeting global emissions reduction targets to limit global warming to below 2 degrees. Failure to achieve this target is projected to lead to catastrophic outcomes for humanity, habitat and biodiversity. The overwhelming body of scientific evidence conclusively points to this and we have had consistent warnings that time is running out to act.

At the March 2019 meeting of the UN General Assembly, speakers warned that humanity only has 11 years to prevent irreversible damage from climate change. https://www.un.org/press/en/2019/ga12131.doc.htm

In December 2017, 20,000 scientists from 184 nationals issued a second notice to humanity warning of the urgent need to change direction.

 

 

The Alliance of World Scientists (AWS)

The AWS is a new international assembly of scientists, which is independent of both governmental and non-governmental organizations and corporations. We submit, that in order to prevent widespread misery caused by catastrophic damage to the biosphere, humanity must practice more environmentally sustainable alternative to business-as-usual. Our vital importance and role comes from scientists' unique responsibility as stewards of human knowledge and champions of evidence-based decision-making. The main goal of the AWS is to be a collective international voice of many scientists regarding global climate and environmental trends and how to turn accumulated knowledge into action. Other organizations do laudable work toward this goal, but to our knowledge, AWS is the only independent, grass-roots organization comprised of scientists from around the world committed to the well-being of humanity and the planet.

http://scientistswarning.forestry.oregonstate.edu/

On the 6th May 2019, the Global Assessment Report on Biodiversity and Ecosystem Services of the Intergovernmental Science Policy Platform on Biodiversity and Ecosystem Services (IPBES) reported that around 1,000,000 species are now threatened across the globe with extinction, many within decades and that nature is declining globally at unprecedented rates in human history. They reported the rate of species extinctions is accelerating, with grave impacts on people around the world likely.

 

It is without doubt that humanity needs to change direction to address the emergency of climate change and biodiversity extinction and failure to do so will have catastrophic consequences for future generations, natural habitat, biodiversity and life on earth.

 

To date, as a response to the failure of commitment from national governments, over 520 councils across 8 countries representing 50 million people have already declared a climate emergency. In Australia, 17 councils have made this declaration.

 

Recently, the United Kingdom and Ireland both declared climate emergencies with Ireland also including a biodiversity emergency in their declaration.

Motion:

That the City of Hobart:

Affirms its commitment to future generations in addressing catastrophic climate change and biodiversity loss through its on-going policies, strategies and leadership by supporting the declaration of a climate and biodiversity emergency.

 

 



Writes to the incoming Prime Minister urging them and their Government to declare a climate and biodiversity emergency and to commit to implementing strong national policy, regulation, strategy and resources to secure the well-being of future generations of Australians and to secure the country’s indigenous habitat, ecosystems and ecosystem services on which we all depend and to address the catastrophic causes pushing 1000s of Australian mammal, marine, plant and insect species towards extinction.

Submit urgency motions to the Local Government Association of Tasmanian and the Australian Local Government Association to declare a national climate and biodiversity emergency.

Include acknowledgement of the declaration of a climate and biodiversity emergency in the Council's new Strategic Plan.

 

 

Rationale:

 

“The City of Hobart has been actively working to address climate change issues for close to two decades through its Climate Change Strategies, the Regional Climate Change Initiative (RCCI) and now a comprehensive adaptation strategy to be released soon. 

 

To date, significant progress has been made with energy efficiency, reduction in greenhouse gas emissions and community engagement with regard to adaptation plans and preparedness.

 

A record that the council can be very proud of. The council has shown initiative and leadership at a local, state, national and recently international level.

 

It is on the back of this leadership that council can demonstrate its commitment and advocate strongly for national action and leadership.

 

Council already is well aware that climate change looms as a huge risk to this council and its community. The May 2018 floods and recent fires across the island are symptomatic of a changing climate that will threaten and challenges us going forward. The council is already acutely aware and operationally working hard towards preparing communities for a climate altered future and is preparing a new Climate Adaptation Strategy.

 

The following extract demonstrates the council’s understanding, commitment and leadership: City of Hobart: Responding to Climate Change Background Paper highlights key issues and the urgency.

 

“KEY ISSUES

 

•      The world is taking action to limit global warming to below 2 °C. While it is a global issue, the solutions are local.

•      All weather, including extreme weather events, is being influenced by climate change.

•      Extreme weather events are putting pressure on our local economies, health systems, built and urban infrastructure, ecosystems and food production systems.

•      Climate change will have a long-term impact on our communities.

•      Individuals, communities, businesses and governments all have a role to play in responding to climate change.

•      Local governments have a role around informing the community and managing its assets and services.

•      Hobart has highly valued and unique natural and built environments. To protect these requires adaptation actions now.

•      The City of Hobart works with other local governments, networks and stakeholders. It has led a range of ‘adaptation actions’, including the development of an adaptation policy and an adaptation action plan that was replicated across all Tasmanian local Councils.

•      The City of Hobart is working with communities in areas vulnerable to climate impacts such as sea level rise and storm surge at Marieville Esplanade, Long Beach and Nutgrove foreshores reducing bushfire hazard across bushland area improving Hobart’s resilience and sustainability through improved transport and waste management.

•      The City of Hobart influences community adaptation by working towards: a low emissions future—increased renewable energy generation, low carbon transport, energy efficient buildings, zero waste to landfill a healthy and robust built and natural environment people being connected, empowered and feeling part of the community well-informed decision-making at all levels.

•      The City of Hobart is seeking feedback on what actions—for the community and the City—are priorities for the next critical decade.

 

INTRODUCTION

 

There is an expansive and growing body of scientific evidence that the global climate has changed, and will continue to change over the coming century. Climate change modelling undertaken in Tasmania shows that Hobart faces greater risks and challenges from more frequent bushfires, extended heatwaves, heavier rainfall, sea level rise and storm tide events. The City of Hobart recognises that local governments have a key role in working with communities, to prepare for and manage climate change impacts. Local governments have local knowledge and experience, understanding of community needs and vulnerabilities, and has a key role in shaping our urban landscapes and responding to emergencies. Around the world, cities like Hobart are leading the way on climate action. In 1999, the City of Hobart was the first Tasmanian local government to formally commit to and take action on climate change. It has a program in place that has seen it both reduce greenhouse gas emissions and energy usage as well as preparing Hobart to respond to climate risks. The City of Hobart has a commitment to see the capital evolve into a strong, vibrant, resilient and sustainable city through the provision of local government services and infrastructure.

 

The Capital City Strategic Plan 2015–2025, the City’s key document to guiding development and delivery of our assets, programs and services, identifies the need for increased resilience to climate change. Reviewing and updating our climate strategy therefore presents an opportunity to make sure that we have in place actions that continue to decrease our carbon footprint and assist in responding to climate change impacts (Strategic Objective 3.1).

 

The City of Hobart, through a range of programs, provides resources to build climate

resilience. The City offers grants for climate and energy-saving projects, provides climate change information, and encourages behaviour change. The City of Hobart works closely with the following organisations to deliver adaptation projects:

 

•      Southern Tasmanian Regional Councils Authority;

•      Southern Tasmanian Local Governments;

•      Tasmanian Government, particularly with the Tasmanian Climate Change Office;

•      Local Government Association of Tasmania.

 

WHY ARE LOCAL GOVERNMENTS TAKING CLIMATE ACTION?

 

Local governments are the closest level of government to communities and has a

responsibility under the Local Government Act 1993 to provide for the health, safety and welfare of the community. This role includes taking action on climate change.

The Australian Local Government Association, the peak body representing local governments, identifies climate change as one of the top five priorities to act on. It states that effective mitigation of greenhouse gas emissions and adaptation to the impacts of climate change will transform the Australian economy, environment and society.

 

1.    The case for climate action is also made by the Southern Tasmanian Councils Authority which recognises that “in managing and preparing for climate change impacts, local governments are best positioned to work with communities due to their:

 

•    responsibility to support and assist local communities

 

•    local knowledge and experience

 

•    understanding of community needs and vulnerabilities

 

•    role in preparing for, supporting respondes to and recovering from emergencies

 

•    role in infrastructure design, construction and maintenance

 

 

 

 

•    role in review and update of planning schemes (in relation to identified local impacts and threats)

 

•    ability to effectively disseminate information and provide support to the community.

 

CITY OF HOBART’S PRINCIPLE BASED APPROACH

 

Building on its existing leadership role, and highlighting the role of local government in responding to climate change, the City of Hobart recognises that:

 

•     climate change is a global issue requiring local solutions

 

•     climate change action is a shared responsibility between local, state and federal governments, communities and the private sector

 

•     local government has an important role in educating communities at the municipal and regional level on climate change as a risk, and options for adaptation and mitigation

 

•     local government must prepare for and manage the impacts of climate change on its assets and services and work to reduce its emissions and energy use

 

•     early climate change adaptation and mitigation action is more cost effective than delayed action

 

•     in many instances, mitigation actions like renewable energy and energy efficient lights can help bring down overall running costs

 

•     collaboration and cooperation on climate change adaptation and mitigation actions by local government provides more effective use of resources.

 

The City of Hobart is guided in how it responds to climate change by the following principles, which are to:

 

•    administer relevant Tasmanian and/or Australian legislation to promote climate action, including the application of relevant codes, such as the Building Code of Australia

 

•    provide leadership and collaborate across local governments and with the Tasmanian Government to act on climate change

•    manage risks and impacts, and consider opportunities, to assets it owns and manages and services it provides

 

•    ensure policies and regulations under its jurisdiction incorporate climate change considerations and are consistent with Tasmanian and Australian government approaches to adaptation and mitigation

 

•    facilitate resilience building and adaptive capacity in the local community by providing information on local climate change risks and mitigation

 

 

 

 

•    work in partnership with the community, local non-government organisations, businesses and other key stakeholders to implement adaptation and mitigation initiatives contribute appropriate resources to prepare, prevent, respond and recover from detrimental climatic impacts and to reduce greenhouse gas emissions.”

 

From a City of Hobart risk perspective, the impact of climate change, include catastrophic bush fire, floods, drought leading to threats to life and property, increasing insurance premiums as well as threats to native habitat and loss of terrestrial and marine species biodiversity”

 

 

In February 2019, the council signed off on the City of Hobart Biodiversity Action Plan. A comprehensive and ground-breaking document to guide council operations. The following extract from the introductory pages highlights the issues.

 

Biodiversity Action Plan - bushland and reserves

 

1.1    What is Biodiversity? 

 

Biodiversity - or biological diversity - is a term used to describe the variety of life on Earth. It refers to the number, variety and variability of living organisms (animals, plants, fungi, microbes, etc.), the genetic differences among them, and the ecosystems in which they occur. 

 

Why is protecting Biodiversity important? 

 

Biodiversity provides us with many goods and services, such as food, fuel, medication, materials and clean water. It supports both our economy and our lifestyles. Its beauty inspires and enriches our lives, and we have a moral duty to protect it and ensure its survival (and in the long-term our own survival) for future generations (IUCN, 2018). 

 

No matter how technologically advanced we consider ourselves to be, food, fibre, materials and energy from nature are the foundation of our livelihoods. We rely on the life-supporting ecosystem services that nature provides including the production of oxygen, soil formation and retention, water and nutrient cycling and climate regulation (Natural Resource Management Ministerial Council 2010). 

Today, the principal mechanism for the conservation of biodiversity is protected areas. 

 

A protected area has been defined by the IUCN as ‘[a] clearly defined geographical space, recognised, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values’ (Worboys et al., 2013). 

 

 

 

 

Protected areas and their establishment and professional management are particularly a 20th and 21st-century phenomenon. They are critical for maintaining healthy ecosystems and a healthy environment for people and all other species. They are essential for biodiversity conservation; they deliver clean water and air; they are vital to the cultures and livelihoods of traditional and indigenous communities for sustainable sustenance; they bring sustainable development benefits to millions of people through nature-based tourism; and they are a critical natural solution for climate change. They are also important for their rich history and the cultural associations they conserve including grand historical sites, and their special cultural landscapes, features and sites of spiritual, social and historical significance to a nation’ s peoples. 

 

The City of Hobart Bushland Unit has direct responsibility for the management of nearly 4,600 hectares of ‘protected areas’ within our Bushland Reserves system within and adjacent to the Hobart municipal area and is the stronghold for much of the City’s biodiversity.

 

City of Hobart Vision 

 

Since September 2017, the City of Hobart has been collaborating with community members and stakeholders to share what they love about Hobart and how they would like to see it move into the future. Hobart: A community vision for our island capital is the document that guides City’s work. 

 

The Vision has three parts which work together to inform the City’s strategic planning: the vision statement, the identify statements and the pillars. 

The connection to the natural environment is at the forefront of this Vision with the recognition that we all live, work and play in the midst of our mountain, our river and the land around us. Our identity in Hobart is shaped by where we live, a place where we are deeply connected to nature and wilderness, in, around and above our city. 

 

The natural environment pillar represents what Hobart communities would like to see for Hobart in the future and is represented by the following statement: 

 

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

 

 

The City of Hobart is extremely well-placed to make a difference to biodiversity in our region as we operate at the appropriate scale to make decisions, carry out actions and measure change. In their report, Beyond roads, rates, and rubbish: opportunities for local government to conserve native vegetation, Binning et al (1999) writes: 

 

 

 

Whilst strategic policies may be developed by higher levels of government, it is Local Government that must make detailed decisions that balance ongoing development with the need to protect natural resources. It may be argued that Local Government is the most significant sphere of government in regulating land use.

 

 

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 the City of Hobart’s Corporate Climate Adaptation Policy.”

 

 

Harvey

Sherlock                                                                                                                  

That the Council consider the motion urgent.

 

 

 

 

The motion lapsed due to the lack of a quorum.

 

The General Manager noted that the item will be listed on the next City Planning Committee agenda in accordance with the Council policy.

 

 

 

 

 

16.      Trans and Gender-Diverse Posters in Public Convenience Facilities

            File Ref: F19/51117

Ref:    Open PRC 7.1, 9/05/2019

 

Councillor Ewin

Motion:

“PART A

 

That the City of Hobart promote its Community Safety Commitment to community inclusion through the display of trans and gender-diverse posters in the City’s public convenience facilities, as part of its current public facilities safety information program, with the wording and content of the posters being developed in collaboration with relevant organisations (such as Working It Out and Transforming Tasmania).

 

PART B

 

A further report be provided in relation to installing the posters within the City’s public convenience facilities on a more permanent basis.”

 

 

Rationale:

 

“Trans and gender-diverse people are the targets of significant discrimination in their day-to-day lives which is one of the reasons they have been identified as a priority population in the City of Hobart’s Community Safety Commitment.  This ongoing discrimination, harassment, and at times violence, contributes to continued social exclusion, stigmatisation and negative mental health outcomes. You can access some horrifying statistics on LGBTI mental health here; most of which are directly linked to social exclusion and stigmatisation.

 

It is timely for Hobart City to show support and solidarity with the queer community given the levels of gendered vitriol prevalent in public discourse, sparked by the recent debate around birth certificates and forced divorce in State Parliament.

 

In line with our commitment to our Community Vision values of inclusivity, accessibility and celebrating diversity, installing such signs will contribute to the safety and sense of belonging of some of the most marginalised people in our community.”

 

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 the proposal aligns with the City of Hobart’s Community Safety Commitment and the public facilities safety information program.”

 

 

Ewin

briscoe                                                                    That the motion be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

          Behrakis

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

 

 

 

 

 

 

City Infrastructure Committee

 

17.      2019-20 Fees and Charges - City Infrastructure Division

            File Ref: F19/29557; 18/20

Ref:    Open CIC 6.1, 17/04/2019

 

That the schedules of fees and charges be approved for the services delivered by the City’s Infrastructure Division for the 2019-20 financial year as marked as Attachment A to item 6.1 of the Open City Infrastructure Committee agenda of 17 April 2019.

 

 

behrakis

Sexton                                                   That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

 

 

18.      2019-20 Fees and Charges - City Amenity Division - Cleansing and Solid Waste

            File Ref: F19/38405

Ref:    Open CIC 6.2, 17/04/2019

 

That the schedule of fees and charges be approved for the provision of Cleansing and Solid Waste services for the 2019-20 financial year as marked as Attachment A to item 6.2 of the Open City Infrastructure Committee agenda of 17 April 2019.

 

 

behrakis

sexton                                         That the recommendation be adopted.

 

MOTION CARRIED

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

 

 

Community, Culture and Events Committee

 

19.      2019-20 Fees and Charges - Community Life

            File Ref: F19/32221; 18/20

Ref:    Open CCEC 6.1, 8/05/2019

 

That the schedules of fees and charges for the Community Life Division as referenced below and attached to the report marked as item 6.1 of the Open Community, Culture and Events Committee agenda of 8 May 2019, for the 2019-20 financial year be approved.

1.      Positive Ageing – Mathers House (Attachment A).

2.      Positive Ageing – Criterion House (Attachment B).

3.      Youth Arts and Recreation Centre (Attachment C).

4.      Mobile Food Vendors (Attachment D).

5.      Salamanca Market (Attachment E).

 

 

harvey

ewin                                               That the recommendation be adopted.

 

MOTION CARRIED

 

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Briscoe

 

Sexton