Agenda of Special City Planning Committee Meeting

Item No. 2.1

Agenda (Open Portion)

Special City Planning Committee Meeting

Page 7

6/5/2019

Memorandum: City Planning Committee

Building Height Standards Review - Affordable Housing Inclusionary Zoning - Consideration of Deferred Items

Purpose

The purpose of this memo is to provide clarity and advice as to Council officer’s action in relation to agenda items deferred by Council pending a meeting with the Minister for Planning in relation to the preparation of a Precinct Plan for central Hobart.

Background

Building Heights

At its meeting on 3 September 2018, the Council endorsed the release of the Building Height Standards Review (L Woolley, 30 June 2018) report and the suggested planning scheme amendments to implement its recommendations, for public comment for a 6 week period, prior to consideration of formally endorsing the report and initiating any planning scheme amendments in response.

At its meeting on 17 December 2018, the Council considered a report on the consultation outcomes and proposed planning scheme amendments to implement the outcomes of the Building Height Standards Review and resolved as follows:

That a report be commissioned that considers the social, environmental, economic, affordable housing, Airbnb and holiday accommodation impact assessment which compares the impacts of the four proposed height restrictions as detailed in:

1. The current planning scheme regulations.

2. The original Leigh Woolley report.

3. The amendments recommended to the Leigh Woolley report as contained in the officer report, marked as attachment B to item 8.2 of the City Planning Agenda of 10 December 2018.

4. The City Planning Committee recommendations of 10 December 2018 to Council.

At its meeting on 4 March 2019, the Council considered a report on the project brief for an assessment of the potential environmental, social and economic impacts of applying various building height standards in central Hobart, provided in Attachment A to item 8.1 of the Open City Planning Committee agenda of 25 February 2019.

The recommendation from the City Planning Committee in relation to that report was:

1. The Council not proceed with the project brief for an assessment of the potential environmental, social and economic impacts of applying various building height standards in central Hobart, provided in Attachment A to item 8.1 of the Open City Planning Committee agenda of 25 February 2019.

2. Pursuant to Section 34(1) (b) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council resolve to initiate the amendments provided in Attachment B to item 8.2 of the Open City Planning Committee agenda of 10 December 2018 to the Hobart Interim Planning Scheme 2015 and the Sullivans Cove Planning Scheme 1997, and indicated on the plan shown as Attachment D to item 8.2 of the Open City Planning Committee Agenda of the 10 December 2018 and attached to this agenda.

3. Pursuant to Section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council certify that the PSA-18-4 Amendment to the Hobart Interim Planning Scheme 2015 and the PSA-18-1 Amendment to the Sullivans Cove Planning Scheme 1997 meets the requirements of Section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the General Manager and the Deputy General Manager to sign the Instruments of Certification (Attachment I to item 8.2 of the Open City Planning Committee agenda of 10 December 2018).

4. Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place the PSA-18-4 Amendment to the Hobart Interim Planning Scheme 2015 and the PSA-18-1 Amendment to the Sullivans Cove Planning Scheme 1997 on public exhibition for a 28 day period following certification.

The Council resolution in relation to that item was:

That based on the correspondence tabled at the meeting by State Government Minister Jaensch, the item be deferred to enable urgent discussions between the Government, Lord Mayor and General Manager, and a report on the outcomes be provided prior to the next Council meeting to be held on 18 March 2018.

Public Meeting in Response to Building Height Petition

The Council convened a public meeting at the City Hall on Tuesday, 16 April 2019 at 6.00pm as the result of being petitioned in accordance with section 59(2) of the Local Government Act 1993.

The petition was lodged by Hobart Not Highrise Inc and was initially presented to the Council at its meeting held on 4 February 2019.

The petition raised concerns with oversized buildings breaching height limits and sought actions from the Council including the conduct of a public meeting.

The outcomes of the public meeting are the subject of a report on the Agenda for the Council meeting on 6 May 2019.

It is understood that Hobart Not Highrise Inc is in the process of gathering signatures on a petition to pursue the Council conduct an elector poll on this issue. If the petition is provided to the Council containing the signatures of 1,000 electors, and otherwise complies with the provisions in the Local Government Act 1993, the Council will have a mandatory obligation to conduct an elector poll on this issue, irrespective of any position the Council may adopt on the substantive issue of building heights.

Affordable Housing – Legislation – Options for Implementation

At its meeting on a 25 March 2019, the City Planning Committee considered a report (Item 8.1) in relation to options for the Council to seek State Government support for legislative changes that require the provision of affordable and/or long term rental housing in certain developments and or precincts.

The officer recommendation in that report was:

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.

The Committee resolved that the item be deferred until the proposed full Council meeting with the Minister for Housing the Honourable Roger Jaensch MP takes place.

It is proposed that a separate report be provided to the City Planning Committee in relation to this matter.

Meeting with Minister

The Minister for Planning the Hon Roger Jaensch wrote to the Council on 4 March 2019 to offer a pathway forward on both the issue of building heights within Hobart and progressing the City Deal strategic approach to urban growth through the development of comprehensive precinct plans.

The Minister subsequently followed this offer up with a discussion with elected members on 8April 2019, where he tabled an indicative scoping document developed between officers of the Council and the State Government.

At its meeting on 15 April 2019, the Council considered a report (Attachment C) on the outcomes of the meeting with the Minister and the scope of work for the preparation of a Precinct Plan and resolved that:

1. The Council agrees to work with the State Government to prepare a Terms of Reference and detailed work breakdown including a proposed allocation of tasks, funding and in-kind contribution for a Hobart Precinct Plan for the area of the city as outlined in Attachment B to item 3.1 of the Special Open City Planning Committee agenda of 15 April 2019.

2. That the draft Terms of Reference and work plan developed with the State Government be the subject of a subsequent report for consideration by the Council.

3. The Council enquire with the Minister for Planning regarding the ability of the outcomes from the Precinct Plan work to be incorporated within the Local Provisions Schedule currently being considered by the Tasmanian Planning Commission including height restrictions.

Council officers have commenced preparation of the draft Terms of Reference and work plan and will report further to Council in June 2019.

Current Action

In relation to the Building Height Standards Review, it is proposed that no further action be taken at this stage with respect to the Council decision of 17 December 2018,given that it is intended that the social, environmental and economic impacts of height limits will be considered as part of the Central Hobart Precinct Plan Project. That project will also examine appropriate built form outcomes taking into account the Central Hobart Building Height Standards Review (L Woolley 2018).

Council will have the opportunity to have input into the Central Hobart Precinct Plan Terms of Reference when considering the officer report in June 2019.

In relation to affordable housing and options for implementation it is proposed that a separate report be provided to the City Planning Committee so that it can further consider this matter.

REcommendation

That this report be received and noted.

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

Neil Noye

Director City Planning

Date: 3 May 2019

File Reference: F19/49369; 17/167

Attachment a: Extract from the City Planning Committee Meeting Agenda of Monday 25 February 2019 - Item 8.1 - Central Hobart Building Heights Standards Review Project - Environmental Economic and Social Impact Assessment - Project Brief - Original Report ⇩

Attachment b: Extract from the City Planning Committee Meeting Agenda of Monday 25 March 2019 - Item 8.1 - Affordable Housing - Legislation - Options for Implementation - Original Report ⇩

Attachment c: Extract from the Special City Planning Committee Meeting Agenda of Monday 15 April 2019 - Item 3.1 - Proposed Central Hobart Precinct Plan - Original Report ⇩

Item No. 2.1

Agenda (Open Portion)

Special City Planning Committee Meeting - 6/5/2019

Page 71

ATTACHMENT b

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