Agenda of City Planning Committee Meeting

Item No. 7.2.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 152

15/7/2019

7.2.3 26 Darling Parade, Mount Stuart and Adjacent Road Reserve - Partial Demolition, Deck, New Driveway and Carparking

PLN-18-606 - FILE REF: F19/90765

Address: 26 Darling Parade, Mount Stuart and Adjacent Road Reserve

Proposal: Partial Demolition, Deck, New Driveway and Carparking

Expiry Date: 15 August 2019

Extension of Time: Not applicable

Author: Deanne Lang

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, deck, new driveway and carparking at 26 Darling Parade, Mount Stuart and adjacent road reserve for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that PLN18606 26 DARLING PARADE MOUNT STUART TAS 7000 AND ADJACENT ROAD RESERVE Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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 2018/01893HCC dated 23 May 2019 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw1

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

Reason for condition

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

ENG 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 3a

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

Advice:

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

Reason for condition

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

ENG 4

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

Reason for condition

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

ENG 1

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

1. Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or

2. Be repaired and reinstated by the owner to the satisfaction of the Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, preexisting damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

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

ENGR 3

Prior to the commencement of use, the proposed driveway crossover Darling Parade highway reservation must be designed and constructed in generally in accordance with Urban TSDR09v1 – Urban Roads Driveways and TSD R14v1 Type KC vehicular crossing. Any deviation from the Tasmanian Standard Drawings must be approved by the Council's Director City Amenity.

Design drawings must be submitted and approved prior to any approval under the Building Act 2016, or the commencement of work (whichever occurs first). The design drawing must:

1. Show the cross and long section of the driveway crossover within the highway reservation and onto the property.

2. Detail any services or infrastructure (ie light poles, pits, awnings, pipes) at or near the proposed driveway crossover.

3. Be designed for the expected vehicle loadings.

4. If the design deviates from the requirements of the TSD then the drawings must 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 vehicle's underside.

5. Include detailed design and structural certification for any vehicular barriers or retaining walls included in the design.

6. 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.

Please note that your proposal may include building works and as such may require separate 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.

ENG s1

The proposed access is approved for right hand turn into the property only (approach from the west). Egress from the site must be via the same vehicular path.

Reason for condition

To ensure the access is safe and efficient.

ENV 1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or revegetated.

Advice:

For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

Reason for condition

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

ADVICE

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

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

CONDITION ENDORSEMENT ENGINEERING

All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:

Value of Building Works Approved by Planning Permit Fee:

Up to $20,000: $150 per application.

Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.

These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.

Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.

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

As your proposal includes a new access crossover and retaining walls within the highway reservation you will require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.

STORMWATER

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

WORK WITHIN THE HIGHWAY RESERVATION

Please note Council will not be reinstating or repairing any existing landscaping, including trees within Council's Road Reservation that are removed or damaged by the works.

For advice regarding the removal or replacement of this vegetation, please contact Council's Senior Park Planner on telephone 6238 2448.

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.

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.

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-18-606 - 26 DARLING PARADE MOUNT STUART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-18-606 - 26 DARLING PARADE MOUNT STUART TAS 7000 - CPC Agenda Documents ⇩

Item No. 7.2.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 216

15/7/2019

7.2.4 55-59 Murray Street, Hobart and Adjacent Road Reserve - Partial Demolition, Alterations and Signage

PLN-19-280 - FILE REF: F19/92802

Address: 55-59 Murray Street, Hobart and
Adjacent Road Reserve

Proposal: Partial Demolition, Alterations and Signage

Expiry Date: 25 July 2019

Extension of Time: Not applicable

Author: Richard Bacon

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a partial demolition, alterations and signage at 5559 Murray Street Hobart TAS 7000 for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN19280 559 MURRAY STREET HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 1

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

1. Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or

2. Be repaired and reinstated by the owner to the satisfaction of the Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

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.

ADVICE

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

BUILDING PERMIT

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

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

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.

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.

Attachment a: PLN-19-280 - 55-59 MURRAY STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-280 - 55-59 MURRAY STREET HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-19-280 - 55-59 MURRAY STREET HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.2.5

Agenda (Open Portion)

City Planning Committee Meeting

Page 264

15/7/2019

7.2.5 27 Hampden Road, 29 Hampden Road Battery Point - Partial Demolition, Alterations and Fencing

PLN-19-32 - FILE REF: F19/92928

Address: 27 Hampden Road, 29 Hampden Road, Battery Point

Proposal: Partial Demolition, Alterations and Fencing

Expiry Date: 1 August 2019

Extension of Time: Not applicable

Author: Richard Bacon

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and fencing at 27 and 29 Hampden Road Battery Point for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN1932 27 AND 29 HAMPDEN ROAD BATTERY POINT TAS 7004 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENV 1

Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

Reason for condition

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

ADVICE

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

NUISANCE

If this development incorporates an airconditioner or heat pump, noise emissions after installation must be in compliance with the Environmental Management and Pollution Control Act 1994 (Noise Regulations 2016) to prevent a noise nuisance.

Please note: Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater from a private stormwater system so that it causes or is likely to cause a nuisance to a neighbouring property or its residents (Ø50 cored weep holes at 1200crs).

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

Attachment b: PLN-19-32 - 27 HAMPDEN ROAD BATTERY POINT TAS 7004 - CPC Agenda documents ⇩

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

Item No. 7.2.6

Agenda (Open Portion)

City Planning Committee Meeting

Page 310

15/7/2019

7.2.6 424 Strickland Avenue and Adjacent Road Reserve, South Hobart - Parking Deck

PLN-19-170 - FILE REF: F19/92966

Address: 424 Strickland Avenue and Adjacent Road Reserve, South Hobart

Proposal: Parking Deck

Expiry Date: 14 August 2019

Extension of Time: Not applicable

Author: Michael McClenahan

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a Parking Deck at 424 Strickland Avenue, South Hobart and adjacent road reserve for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN19170 424 STRICKLAND AVENUE SOUTH HOBART TAS 7004 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG sw1

Reason for condition

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

ENG 3b

The access driveway and parking module design must be submitted and approved, prior to the commencement of work.

The access driveway and parking module design must:

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

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

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

4. 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 access driveway and parking module must be constructed in accordance with the design drawings approved by Condition ENG 3b prior to the commencement of use.

Reason for condition

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

ENG 1

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

1. Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or

2. Be repaired and reinstated by the owner to the satisfaction of the Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

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.

ENGR 3

Prior to the commencement of use, the proposed driveway crossover within the Strickland Avenue highway reservation must be designed and constructed in accordance with:

· LGAT Standard Drawing Rural – TSDR04v1 – Rural Roads Typical Driveway Profile and TSD R03v1 Rural Roads Typical Property Access; or

· A Council City Infrastructure Division approved alternate design.

Design drawings must be submitted and approved prior to the commencement of work. The drawings must:

1. Be prepared and certified by a suitably qualified person

2. Incorporate a flexible pavement design suitable for the expected vehicle loadings; and

3. Allow for vehicle passing at the intersection with the Strickland Avenue Pavement.

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.

ADVICE

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

STORMWATER

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

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s Highways By law. Click here for more information.

COUNCIL RESERVES

This permit does not authorise any works on the adjoining Council land. Any act that causes, or is likely to cause damage to Council’s land may be in breach of the Council’s Parks, Recreation and Natural Areas Bylaw and penalties may apply. The by law is available here.

WEED CONTROL

NOISE REGULATIONS

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

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-19-170 - 424 STRICKLAND AVENUE SOUTH HOBART TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-170 - 424 STRICKLAND AVENUE SOUTH HOBART TAS 7004 - CPC Agenda Documents ⇩

Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 350

15/7/2019

REPORT TITLE: Residential Amenity Provisions in Non-Residential Zones - Hobart Interim Planning Scheme 2015 - Proposed Planning Scheme Amendments - PLN-19-1

REPORT PROVIDED BY: Manager Planning Policy & Heritage

Development Planner

1. Report Purpose and Community Benefit

1.1. This report is in response to the Council motion of 29 October 2018:

That a report be prepared on what standards and controls that might be applied to residential development occurring in Zones other than the Residential Zone, and specifically with regard to the trend for multiple dwelling inner city living complexes impacting on existing and future residential amenity values.

1.2. The report proposes amendments to the Hobart Interim Planning Scheme 2015 (HIPS 2015) for the introduction of additional standards for residential development into the Commercial and Central Business Zones relating to noise, building setback from common boundaries, open space and waste storage.

1.3. The proposal benefits the community by helping to ensure that residents living in central Hobart are afforded a reasonable level of amenity, without unduly restricting commercial development that meets the zone purposes.

2. Report Summary

2.1. The proposal is to introduce amenity provisions for residential and visitor accommodation (primarily serviced apartment) uses under the Development Standards for Buildings and Works of the Central Business Zone and the Commercial Zone of the HIPS 2015.

2.2. The proposed amendments are provided in Attachment A.

2.3. Following a review of interstate planning instruments, it was determined that there were 5 primary categories of amenity related provisions that would be beneficial to include under the HIPS 2015 - noise, access to daylight and natural ventilation, open space, storage and waste storage and collection. Provisions have been recommended for each of these categories.

2.4. The provision relating to noise requires all buildings containing residential and visitor accommodation uses to be designed to achieve a level of noise protection that meets Australian Standards, unless measures to achieve this would compromise the historic cultural heritage values of an existing building. This ensures residents are not unreasonably impacted by elevated noise levels in the Commercial or Central Business Zones, and that surrounding businesses are not unreasonably impacted by noise complaints.

2.5. The provision relating to access to daylight and natural ventilation requires separation between the development and a boundary or other building, or an internal void, to ensure access to light and ventilation that is not dependent on the design of future development on adjacent sites. A requirement to include windows in each habitable room is also recommended to ensure each dwelling unit takes advantage of natural light and ventilation.

2.6. Provisions relating to open space cover requirements for both private and communal open space, and are intended to insure that occupants have sufficient access to good quality space that meets recreational needs and fosters a sense of community.

2.7. The provision relating to storage ensures that dwelling units have dedicated space external to the unit itself that can accommodate storage of larger format items without compromising internal space.

2.8. Provisions relating to waste storage and collection require adequately designed and sited spaces to store waste, and adequately considered methods of access and collection by vehicles. Sites with more intensive use are required to provide bulk bins rather than individual bins, with collection to occur on-site by a private contractor. These provisions ensure consideration is had to waste management at initial planning stages to protect the amenity of both the site and the surrounding area, including issues such as odour, traffic flow, pedestrian access and visual pollution. These provisions will apply to both residential and commercial developments.

2.9. The amenity provisions are generally intended to ‘self-protect’ residential or visitor accommodation developments, to ensure a level of amenity is available to occupants regardless of the scale or design of any future adjacent development. This also ensures that these developments do not impede the development and operation of commercial uses that are envisaged and supported by the relevant zone purpose.

2.10. The proposed amendments to the HIPS 2015 Clause 22.4 Development Standards for Buildings and Works of the Central Business Zone and Clause 23.4 Development Standards for Buildings and Works of the Commercial Zone, outlined in attachment A, are recommended for initiation.

3. Recommendation

That:

1. Pursuant to Section 34(1) (b) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council resolve to initiate an amendment to the Hobart Interim Planning Scheme 2015 to introduce amenity provisions into the Central Business and Commercial Zones, as indicated in Attachment A.

2. Pursuant to Section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council certify that the amendment to the Hobart Interim Planning Scheme PSA-19-1 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 Instrument of Certification (Attachment B).

3. Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place amendment PSA-19-1 to the Hobart Interim Planning Scheme 2015 on exhibition for a 28 day period.

4. Background

4.1. At its meeting on 29 October 2018, Council adopted the following motion:

“That a report be prepared on what standards and controls that might be applied to residential development occurring in Zones other than the Residential Zone, and specifically with regard to the trend for multiple dwelling inner city living complexes impacting on existing and future residential amenity values.”

4.2. Currently, the HIPS 2015 does not include provisions specifically relating to residential amenity in commercial zones.

4.3. Residential amenity is primarily considered in the residential zones (General Residential, Inner Residential, Low Density Residential, Rural Living and Environmental Living) where it is identified as one of the primary considerations under the Zone Purpose Statements.

4.4. The Urban Mixed Use Zone includes some provisions relating to residential amenity (covering solar access, overlooking, outdoor space and noise), but they are less restrictive than provisions in the residential zones, reflecting the mixed use nature of the zone.

4.5. Zones that are focussed primarily on commercial uses generally do not include consideration of residential amenity.

4.6. Commercially focussed zones such as the Local Business and General Business Zones are limited in spatial extent in Hobart. They generally include small lot sizes and are strongly focussed towards providing business and retail uses accessible to surrounding residential areas. While residential uses are generally permitted above ground floor level, residential development opportunities are more likely to be in the form of converted shop-top housing. It is not considered that these zones present significant opportunities for higher density residential developments, and therefore they are not considered to require residential amenity standards.

4.7. The commercially focussed Light Industrial Zone does not encourage new residential development, as reflected in the Use Table where only caretakers dwellings, home based businesses, extensions or ancillary dwellings are able to be considered on a discretionary basis. As such, it does not require residential amenity standards.

4.8. It is considered that the non-residential zones with the most potential for higher density residential development are the Central Business Zone and the Commercial Zone. In both of these zones, residential uses are permitted if above ground floor level, and discretionary if at ground level.

4.9. In the Commercial Zone, residential uses are actively encouraged by the allowance of an additional storey or 3.5m under the acceptable solution for height where at least 50% of the floor space above ground floor level is for residential use.

4.10. The Central Business Zone includes Zone Purpose Statements that specifically refer to the provision of residential uses, and the amenity of residents, (see below under ‘planning scheme provisions’).

4.11. Both of these zones have seen an increase in applications for significant residential developments in recent times.

Planning Scheme Provisions

4.12. The Zone Purpose Statements for the Central Business Zone are:

To provide for business, civic and cultural, community, food, hotel, professional, retail and tourist functions within a major centre serving the region or sub-region.

To maintain and strengthen Hobart’s Central Business District and immediate surrounds including, the waterfront, as the primary activity centre for Tasmania, the Southern Region and the Greater Hobart metropolitan area with a comprehensive range of and highest order of retail, commercial, administrative, community, cultural, employment areas and nodes, and entertainment activities provided.

To provide a safe, comfortable and pleasant environment for workers, residents and visitors through the provision of high quality urban spaces and urban design.

To facilitate high density residential development and visitor accommodation within the activity centre above ground floor level and surrounding the core commercial activity centre.

To ensure development is accessible by public transport, walking and cycling.

To encourage intense activity at pedestrian levels with shop windows offering interest and activity to pedestrians.

To encourage a network of arcades and through-site links characterised by bright shop windows, displays and activities and maintain and enhance Elizabeth Street Mall and links to it as the major pedestrian hub of the CBD.

To respect the unique character of the Hobart CBD and maintain the streetscape and townscape contribution of places of historic cultural heritage significance.

4.13. Within the Central Business Zone, ‘no permit required’ uses include:

· Home-based business

· Minor utilities

· any permitted use where there is no associated development requiring a permit.

‘permitted’ uses include:

· business and professional services

· community meeting and entertainment

· educational and occasional care (except at ground floor within the Active Frontage Overlay (AFO))

· food services (except drive-through takeaway)

· general retail and hire (except adult sex product shop or supermarket larger than 400m²)

· hotel industry (except adult entertainment venue)

· passive recreation

· residential (above ground floor)

· research and development (above ground floor if AFO)

· sports and recreation (above ground floor)

· tourist operation (visitor centre or above ground floor if AFO)

· visitor accommodation (except camping or caravan park)

‘Discretionary’ uses include:

· bulky goods sales (above ground floor if AFO)

· remand centre

· educational and occasional care

· emergency services

· equipment and machinery sales and hire (except if AFO)

· food services (except drive-through if AFO)

· general retail and hire

· hospital services

· hotel industry

· manufacturing and processing (except ground floor if AFO)

· natural and cultural values management

· research and development

· residential

· service industry (if extension to existing)

· sports and recreation

· storage

· tourist operation

· public transport facilities

· utilities

· vehicle fuel sales and service (except if AFO)

· vehicle parking

· visitor accommodation (except if camping or caravan park)

4.14. The Zone Purpose Statements for the Commercial Zone are:

To provide for large floor area retailing and service industries.

To provide for development that requires high levels of vehicle access and car parking for customers.

To provide for a diversity of generally non-residential uses reflecting the transition between the Central Business Zone and inner residential areas.

To allow for uses such as car yards, warehouse and showrooms in the areas of high traffic volume and high passing visibility.

To allow good quality building stock to be used for less land extensive central service uses such as offices and specialist wholesaling uses.

To allow for service industry uses such as motor repairs which provide a valuable service to users of the central area.

To provide for residential use primarily above ground floor level.

4.15. Within the Commercial Zone, ‘no permit required’ uses include:

· minor utilities

· natural and cultural values management

· any permitted use where there is no associated development requiring a permit.

‘Permitted’ uses include:

· motor vehicle, boat or caravan sales in certain locations

· business and professional services (if in an existing building and less than 300m²)

· take away food premises and cafes

· passive recreation

· residential above ground floor

· motor repairs

· storage (except if liquid or solid fuel depot)

· vehicle fuel sales and service in certain locations.

‘Discretionary’ uses include:

· bulky goods sales

· business and professional services

· crematoria and cemeteries

· community meeting and entertainment

· custodial facility

· educational and occasional care

· emergency services

· equipment and machinery sales and hire

· food services

· general retail and hire

· hospital services

· hotel industry

· manufacturing and processing

· research and development

· residential

· service industry

· sports and recreation

· tourist operation

· transport depot and distribution

· utilities

· vehicle fuel sales and service

· vehicle parking

· visitor accommodation

5. Proposal and Implementation

5.1. It is proposed that the amendments to the HIPS 2015 Clause 22.4 Development Standards for Buildings and Works of the Central Business Zone and Clause 23.4 Development Standards for Buildings and Works of the Commercial Zone, outlined in attachment A, be initiated.

Proposed Provisions

5.2. New provisions are proposed to be included to ensure that those living in the city are afforded a reasonable level of amenity.

5.3. Planning provisions relating to amenity of residential developments in non-residential zones in other capital city planning instruments across Australia were reviewed.

5.4. Some planning instruments in other states specify amenity standards for medium to high density residential developments regardless of underlying zoning (for example the ACT and Adelaide).

5.5. In New South Wales, the state government’s Apartment Design Guide contains detailed design guidelines that apply to all multiple dwelling developments state-wide, and add detailed guidance in addition to provisions under Council development control plans.

5.6. Some planning instruments in other cities (for example Melbourne, Canberra and Darwin) specify particular policies relating to residential amenity of developments in inner city commercial zones, particularly in relation to acoustic protection.

5.7. In some cities, such as Sydney, Melbourne, Perth, Canberra, Brisbane and Darwin, commercial developments are also required to consider their impact on residential amenity (particularly in relation to noise). In Adelaide, this is only required if amenity is contemplated in the relevant zone purpose, and residential uses are required to not unreasonably interfere with the operation of surrounding non-residential uses contemplated in the zone/policy area. In Brisbane, minimisation of noise in commercial building design is encouraged, but it is specifically noted that in central commercial areas residents ‘cannot expect to enjoy the same level of noise, odour and air quality amenity as low density suburban areas’.

5.8. The Commercial and Central Business Zones in Hobart are primarily focussed towards providing for commercial uses, including those likely to involve significant activity and noise such as hotel industry and food services.

5.9. Both zones accommodate and encourage residential development, however it is not considered that residential developments should curtail other allowable uses establishing or operating in these zones, particularly given the small scale of the zones.

5.10. Residential amenity, therefore, is considered to be a value that should be self-protected within the residential development, meaning that commercial developments should not be required to be moderated to provide amenity to adjoining residents.

5.11. This approach is consistent with the zone purpose statements of the Commercial and Central Business Zones (see ‘planning scheme provisions’ above).

5.12. The approach is also consistent with the function of Hobart as the Primary Activity Centre of the state under the Southern Tasmania Regional Land Use Strategy (STRLUS). Under the STRLUS, the Primary Activity Centre functions refer to entertainment uses that include night time activities and major cultural activities, without requiring preservation of residential amenity (in contrast, this is a requirement referenced under entertainment uses for Local centres).

5.13. Requiring residential developments to protect their own amenity is further consistent with the STRLUS in that it increases the quality of residential developments and encourages inner-city living in areas that make efficient use of existing infrastructure and that are highly accessible to services, employment and transport.

5.14. It is considered that there are 5 relevant categories in terms of amenity in commercially focussed zones - noise, access to daylight and natural ventilation, open space, storage and waste storage and collection. These issues are commonly considered in the planning instruments of the other capital cities reviewed, and provisions relating to them are considered to be relevant and achievable in the context of Hobart.

5.15. Provisions relating to each of the 5 categories are proposed to be included within the Development Standards for Buildings and Works of the Central Business and Commercial Zones. Most of these provisions are to be grouped under a single heading (‘Residential and Visitor Accommodation Amenity’), which is consistent with the existing approach for residential amenity under the Urban Mixed Use Zone. The provisions relating to waste storage and collection are to be grouped under a separate heading, as these provisions will apply to all uses (both residential and commercial).

5.16. The 5 amenity categories are considered in more detail below:

Noise

5.17. A provision (22.4.9 and 23.4.8 A1/P1) is proposed to ensure that residential and visitor accommodation uses meet Australian Standards for acoustics control. This provision is intended to require buildings with noise-sensitive uses to self-protect their amenity, without impacting on allowable commercial uses that are compatible with the zone purpose.

5.18. The acceptable solution A1 is based on a provision in the Macquarie Point Site Development Plan (both the version currently in the Sullivans Cove Planning Scheme 1997, and the recently proposed replacement plan).

5.19. The performance criterion P1 is purposefully restrictive, requiring all residential or visitor accommodation uses to meet the relevant Australian Standards, unless the alterations needed would negatively impact on the historic cultural heritage values of an existing building. This is to ensure that people living or staying within the city are not unreasonably impacted by noise, and that businesses are not unreasonably curtailed by noise complaints by residents or visitors.

Access to daylight and natural ventilation

5.20. A provision (22.4.9 and 23.4.8 A3/P3) requiring every habitable room in a dwelling to be provided with a window, which is not located at the end of a long or narrow recess, is intended to ensure each room has access to natural light. The reference to the dimensions of recessed windows is based on Victorian provisions.

5.21. A provision (22.4.9 and 23.4.8 A2/P2) relating to building separation distances is proposed to ensure that residential and serviced apartment developments are designed in a way that allows for reasonable access to daylight (although not necessarily direct sunlight) and natural ventilation. This is to be achieved by separation between the development and a boundary or another building on the same site, or provision of an internal open courtyard, which ensures reasonable amenity regardless of future development on adjacent sites.

5.22. 5m is recommended as the permitted separation distance in A2, which is comparable to required setbacks in other states. For example, the ACT requires a setback between 3-6m depending on the number of storeys, Adelaide requires at least 3m and Brisbane requires a setback of 5-8m for residential components to side boundaries, and 8m to rear boundaries.

5.23. As well as allowing for light and ventilation, the provision also assists with the protection of privacy, particularly given the separation distance will be doubled between adjoining residential developments. In Adelaide, habitable room windows and decks of higher density residential developments are only required to be set back from the boundary a minimum of 3m to protect a reasonable level of privacy. This is also the case currently under the Urban Mixed Use Zone of the HIPS 2015.

5.24. ‘Serviced apartments’ are considered in this provision in addition to residential uses as they would be readily convertible to longer-term residential units. Fundamental building design elements such as setbacks from boundaries are not easily retrofitted, and requiring this use to meet the same standard as for residential use ensures building stock is more flexible and provides for good future amenity.

5.25. ‘Serviced apartment’ is a defined term that describes a self-contained visitor accommodation unit, as follows:

Means use of land to provide accommodation for persons, who are away from their normal place of residence, in a furnished, self-contained room or suite of rooms designed for short-term and long-term stays, which provides amenities for daily use such as kitchen and laundry facilities.

5.26. Adelaide similarly includes serviced apartments in residential amenity planning provisions relating to noise, access to daylight and ventilation and open space.

5.27. Hotels that do not provide self-contained rooms are excluded from the building separation requirements as they are not generally occupied for long periods, do not have the same level of amenity expectations, and are less readily convertible to residential uses.

Open space

5.28. A set of provisions (22.4.9 and 23.4.8 A4/P4, A5/P5 and A6/P6) are proposed to ensure that residential and serviced apartment developments provide sufficient private and/or communal open space. These provisions set a minimum proportion of units that are required to have private open space, the size of private and communal spaces, location, screening and areas for planting.

5.29. 75% of dwelling units will be required to provide private open space under A4, which is in line with provisions in Sydney. The private open space size requirements under A5 are based on the NSW Government Apartment Design Guide. The number of dwellings providing private open space, and the size and design of that space, can be varied with consideration to issues such as the quality of the space, the size and quality of communal open space on the site, user requirements and site constraints.

5.30. Under A6, communal open space is proposed to be required for any residential or serviced apartment development that contains more than 5 units. Communal open space is considered to be beneficial in terms of fostering social interaction and a sense of place and community, which is particularly valuable in a city environment.

5.31. An area of communal open space is required to be of a size and quality to ensure that it is useable, well located and pleasant to spend time in. Under the performance criteria of P6, communal space may not be required if it can be demonstrated that private open space is of a great enough size and quality, there is public open space on the site that can also accommodate the needs of occupants, or site constraints of existing buildings (such as heritage) preclude it.

Storage

5.32. It is proposed that a minimum of 6m³ external storage is provided for each multiple dwelling to ensure that units have sufficient storage, particularly for bulkier items, that is in addition to internal cupboard storage (22.4.9 and 23.4.8 A7/P7). This minimum area is consistent with the storage requirements for dwellings under the State Planning Provisions (SPPs).

Waste storage and collection

5.33. Provisions (22.4.10 and 23.4.9 A1/P1, A2/P2 and A3/P3) are proposed to ensure that the storage and collection of waste is adequate for the volume generated and does not unreasonably impact on the amenity of the occupants of the site, neighbouring sites or road and footpath users. These provisions will apply to all uses (both residential and commercial).

5.34. Under A1, bulk bin storage areas and privatised collection are to be required for sites with more intensive use, to ensure that the amenity of the area is not compromised by multiple individual bins placed out for kerbside collection. There is some flexibility in P1 to provide individual bins where the frontage is very wide, where bulk bin storage areas cannot be retrofitted to existing buildings, or where collection occurs within the site.

5.35. The design of waste management areas and methods of access and collection have been a recurring area of concern for Council in relation to higher density developments, and the proposed provisions require consideration of this issue at the planning stage.

5.36. Storage areas (both for individual bins and for bulk bins) are required to be screened from public, separated from dwellings and accommodation units, and easily accessible (under A2/P2).

5.37. Bulk storage areas are required to be adequately accessible for service vehicles, to ensure that waste collection methods are considered at the initial building design stage, and to ensure that collection does not unreasonably impact on traffic or pedestrian flow or the amenity of the surrounding area (under A3/P3).

Consultation

5.38. Internal consultation was undertaken with Council’s development appraisal planners and development engineers.

5.39. The draft provisions were provided to the Urban Design Advisory Panel (UDAP) on 2 occasions (13 May 2019 and 13 June 2019). At the second meeting the Panel agreed with the amendments and supported all changes made in response to issues raised at the first meeting.

5.40. The provisions were also reviewed by a local architectural firm with recent experience designing multiple dwelling developments within the city. Some comments and suggestions were incorporated, although this review was largely supportive of the standards as drafted.

6. Strategic Planning and Policy Considerations

6.1. The proposed amendments are consisted with the objectives of the Capital City Strategic Plan 2015-2025 in regard to the Strategic Objective 2.3 – ‘City and regional planning ensures quality design, meets community needs and maintains residential amenity’.

6.2. The provisions are also relevant to the community aspirations for the future of Hobart as articulated in: Hobart: A community vision for our island capital, particularly in relation to the statements in Pillar 7. Built Environment: We are a city that maintains our unique built and ecological character, where we all have a safe, secure and healthy place to live. We are a city where people and communities can access world-class services and infrastructure and provide for their social, cultural and economic wellbeing. We embrace change but not at the expense of our Hobart identity and character.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. None.

7.2. Impact on Future Years’ Financial Result

7.2.1. None.

7.3. Asset Related Implications

7.3.1. None.

8. Legal, Risk and Legislative Considerations

8.1. The Land Use Planning and Approvals Act 1993 (LUPAA) requires that planning scheme amendments must seek to further the objectives of Schedule 1 of the Act and be prepared in accordance with the State Policies.

8.2. The Objectives of the Act require use and development to occur in a fair, orderly and sustainable manner and for the planning process to facilitate economic development in accordance with the other Schedule 1 Objectives.

8.3. It is considered that the proposed amendment meets the objectives of LUPAA, in particular it:

8.3.1. Assists sound strategic planning by not prejudicing the achievements of the relevant Zone Objectives or the STRLUS objectives;

8.3.2. It is consistent with the objective to establish a system of planning instruments to be the principal way of setting objectives, policies and controls for the use, development and protection of land;

8.3.3. Considers social impacts of residential dwelling densification;

8.3.4. Specifically promotes the health and wellbeing of Tasmanians and visitors by ensuring a pleasant, efficient and safe environment for residents and visitor accommodation occupants;

8.3.5. Considers historical interest of existing buildings;

8.3.6. Considers the capability of the land, given increasing demand for residential accommodation, in a way that ensures residents have adequate access to adequate living amenity.

8.4. No State Policies are directly relevant to the proposed amendments.

8.5. S32(f) of the former provisions of LUPAA requires that planning scheme amendments must have regard to the impact that the use and development permissible under the amendment will have on the use and development of the region as an entity in environmental, economic and social terms. The proposed amendments aim to improve residential amenity for those living within denser dwelling developments in or near the city, and therefore they are considered to have a positive impact, particularly in social terms, as housing density increases across the region.

8.6. Section 30O of LUPAA requires that an amendment to an interim planning scheme is as far as practicable consistent with the regional land use strategy. It is considered that the amendments are consistent with the strategy, in that they support higher density development in a way that does not compromise amenity for occupants.

9. Environmental Considerations

9.1. The amendments give a framework to support well designed higher density residential developments in close proximity to existing services, which supports sustainable development.

10. Social and Customer Considerations

10.1. The proposal is not considered to have any negative impact on social inclusion.

11. Marketing and Media

11.1. There are no marketing or branding implications of this amendment.

12. Community and Stakeholder Engagement

12.1. Council has requested that reports which recommend the initiation of planning scheme amendments address the need to conduct a public meeting or forum to explain the proposed amendments and also outline the explanatory information to be made available. These are addressed below:

12.1.1. It is not considered that a public forum is necessary to explain the proposed amendment to the public as it is relatively simple and self-explanatory.

12.1.2. The following information will be made available on the website: a copy of this report and a copy of the formal amendment document.

13. Delegation

13.1. This matter is delegated to the Council.

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

James McIlhenny Signature

James McIlhenny

Manager Planning Policy & Heritage

Sarah Crawford Signature

Sarah Crawford

Development Planner

Date: 10 July 2019

File Reference: F19/22349; PSA-19-1

Attachment a: Amendment Document ⇩

Attachment b: Instrument of Certification ⇩

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