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City of hobart

AGENDA

City Planning Committee Meeting

 

Open Portion

 

Monday, 16 September 2019

 

at 5:00 pm

Lady Osborne Room, Town Hall

 

SUPPLEMENTARY ITEMS

ORDER OF BUSINESS

Committee Acting as Planning Authority. 3

Applications under the Hobart Interim Planning Scheme 2015

11.     234 Elizabeth Street, 236-240 Elizabeth Street, 242-250 Elizabeth Street, Hobart - Archaeological Works. 4

12.     346-352 Elizabeth Street, and Adjacent Road Reserve, North Hobart - Partial Demolition, Alterations and Partial Change of Use to General Retail and Hire. 172

Report

13.     Petition to Amend Sealed Plan 152588  7, 9 & 12 Reid's Road, Fern Tree. 213


 

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 2

 

16/9/2019

 

 

 

 

 

 

 

 

The General Manager reports:

 

“That in accordance with the provisions of Part 2 Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015, these supplementary matters are submitted for the consideration of the Committee.

 

Pursuant to Regulation 8(6), I report that:

 

(a)     information in relation to the matter was provided subsequent to the distribution of the agenda;

 

(b)     the matter is regarded as urgent; and

 

(c)     advice is provided pursuant to Section 65 of the Act.”

 


 

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 3

 

16/9/2019

 

 

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

 

The Committee 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.

      


Item No. 11

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 4

 

16/9/2019

 

 

11.      234 Elizabeth Street, 236-240 Elizabeth Street, 242-250 Elizabeth Street, Hobart - Archaeological Works

            PLN-19-308 - FILE REF: F19/122360

Address:                         234 Elizabeth Street, 236-240 Elizabeth Street, 242-250 Elizabeth Street, Hobart

Proposal:                       Archaeological Works

Expiry Date:                   10 October 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 archaeological works at 234, 236­240 and 242­250 Elizabeth 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 PLN­19­308 ­ 234, 236­240 AND 242­ 250 ELIZABETH STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

THC

 

 

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 5933 dated 22 August 2019, as attached to the permit.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

 

 

 

 

 

ENV 1

 

 

Implement the 'Soil and Water Management Plan' (SWMP) developed by Environmental Management & Consulting Pty Ltd and dated 8 July 2019 for the duration of the works associated with the development.

 

 

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 10

 

 

Test trenching is to be limited to an area of 100 square metres with four (4), 5m x 5m sites proposed. An increase of 50% of the total test trenching area is acceptable as is a variation of the test trenching to additional smaller, linear test trenches to an area no greater than 150 square metres once Council is notified and approval issued by Council's Cultural Heritage Officer.

 

 

Reason for condition

 

 

To ensure that excavation at a place of archaeological potential is appropriately managed.

 

 

HER 11

 

 

Test trench 4 in the carpark of the business ABS Automotive Centre is to

occur at times to allow the business to operate. Consideration is to be given to the following options to lessen the impact:

 

 

·    limiting the size of the test trench

·    undertaking the test trenching outside of business hours

·    redesigning the test trenching to a larger number of smaller trenches excavated over different time intervals.

 

 

Reason for condition

 

 

To ensure that excavation at a place of archaeological potential is appropriately managed.

 

 

 

HER 12

 

 

A revised figure 5.1 (page 106 Praxis report) is to be submitted to Council showing all features (walls) as depicted in the 1851 plan for sale of the Robinson land (figure 4.12, page 80 Praxis report).

 

 

The revised plan must be submitted and approved by Council prior to the commencement of excavation in accordance with the above requirement.

 

 

Reason for condition

 

 

To ensure that excavation at a place of archaeological potential is appropriately managed.

 

 

HER 6

 

 

All test trenching is to be undertaken in accordance with the Archaeological Method Statement (pages 107­111) of the Praxis Report.

 

 

Reason for condition

 

 

To ensure that excavation at a place of archaeological potential is appropriately managed.

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HERITAGE

 

 

The applicants are to consult with Aboriginal Heritage Tasmania and the Aboriginal Community with regards to relevant and related findings, conclusions and recommendations of the 'Historic Heritage Management Strategy for 234­250

Elizabeth Street, Hobart' by Praxis Environment (Brad Williams) dated January 2017 and updated January 2018 with a Heritage Impact Assessment dated May 2017 and the report Archaeological Test Trenching Proposal by Praxis, dated May 2019.

 

 

All test trenching sites, site offices and other equipment must be secured and made safe.

 

 

The applicant must explore meaningful and safe ways in which members of the public view, understand and appreciate the site and the archaeological process.

 

 

The consultant is to provide Council with clarification as to what access/release protocols are required should Council be requested to release any report on the archaeological test trenching works once submitted to Council in accordance with the public benefit section of the Archaeological Method Statement (page 110) of the Praxis report.

 

 

Attachment a:             PLN-19-308 - 234 ELIZABETH STREET HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-19-308 - 234 ELIZABETH STREET HOBART TAS 7000 - CPC Agenda Documents

Attachment c:            PLN-19-308 - 234 ELIZABETH STREET HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report   


Item No. 11

Supplementary Agenda (Open Portion)

City Planning Committee Meeting - 16/9/2019

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ATTACHMENT a

 

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Item No. 11

Supplementary Agenda (Open Portion)

City Planning Committee Meeting - 16/9/2019

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ATTACHMENT b

 

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Item No. 11

Supplementary Agenda (Open Portion)

City Planning Committee Meeting - 16/9/2019

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ATTACHMENT b

 

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Item No. 11

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City Planning Committee Meeting - 16/9/2019

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ATTACHMENT b

 

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Item No. 11

Supplementary Agenda (Open Portion)

City Planning Committee Meeting - 16/9/2019

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ATTACHMENT b

 

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Item No. 11

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City Planning Committee Meeting - 16/9/2019

Page 93

ATTACHMENT b

 

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Item No. 11

Supplementary Agenda (Open Portion)

City Planning Committee Meeting - 16/9/2019

Page 136

ATTACHMENT b

 

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Item No. 11

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City Planning Committee Meeting - 16/9/2019

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ATTACHMENT b

 

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Item No. 11

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City Planning Committee Meeting - 16/9/2019

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ATTACHMENT b

 

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Item No. 11

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ATTACHMENT b

 

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Item No. 11

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ATTACHMENT c

 

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Item No. 12

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 174

 

16/9/2019

 

 

12.      346-352 Elizabeth Street, and Adjacent Road Reserve, North Hobart - Partial Demolition, Alterations and Partial Change of Use to General Retail and Hire

            PLN-19-298 - FILE REF: F19/122409

Address:                         346-352 Elizabeth Street, and Adjacent Road Reserve, North Hobart

Proposal:                       Partial Demolition, Alterations and Partial Change of Use to General Retail and Hire

Expiry Date:                   6 October 2019

Extension of Time:       Not applicable

Author:                           Tristan Widdowson

 

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and partial change of use to general retail and hire at 346 ­ 352 Elizabeth Street, and adjacent road 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 PLN­19­298 346­352 ELIZABETH STREET NORTH HOBART TAS 7000 ­ Final Planning Documents except where modified below.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

PLN 6

 

 

The use must not be open to the public outside of the following hours:

(a)     6.00 am to 10.00 pm Mondays to Saturdays inclusive;

(b)     7.00 am to 9.00 pm Sundays and Public Holidays;

 

except for office and administrative tasks.

 

 

 

Reason for condition

 

 

To ensure that non­residential use does not unreasonably impact on residential amenity.

 

 

PLN s1

 

 

Commercial vehicle movements, (including loading and unloading and garbage removal) must not be undertaken outside of the following hours:

 

 

(a)     6.00 am to 10.00 pm Mondays to Saturdays inclusive;

(b)     (b) 7.00 am to 9.00 pm Sundays and public holidays.

Reason for condition

 

 

To ensure that non­residential use does not unreasonably impact on residential amenity.

 

 

PLN s2

 

 

No signage is approved by this permit.

 

 

Advice: Any signage for the proposed use will require a separate planning permit.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

ENG 1

 

 

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

 

 

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

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

 

 

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

 

 

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

 

 

Reason for condition

 

 

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

 

ENG s2

 

 

Prior to the commencement of use, the proposed driveway crossovers, footpath, and other alterations to the highway reservation must be designed and constructed in general accordance with the Tasmanian Standard Drawings to the satisfaction of Council’s Manager Road and Environmental Engineering.

 

 

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

 

 

1.     Detail any services or infrastructure (ie light poles, pits, awnings) at or near the proposed works

2.     Relocation of any services

3.     Long sections and cross sections of the footpath

4.     Protection of public infrastructure

5.     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.

A road opening permit will be required.

 

 

Reason for condition

 

 

To ensure that works will comply with the Council’s standard requirements.

 

 

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 you are proposing works in 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.

 

 

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 Amenity Division to initiate the permit process).

 

 

WORK WITHIN THE HIGHWAY RESERVATION

 

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

 

 

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-19-298 - 346-352 ELIZABETH STREET NORTH HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-19-298 346-352 ELIZABETH STREET NORTH HOBART TAS 7000 - CPC Agenda Documents   


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ATTACHMENT b

 

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ATTACHMENT b

 

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Item No. 13

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13.    Petition to Amend Sealed Plan 152588 - 7, 9 & 12 Reid's Road, Fern Tree

          File Ref: F19/114557; D0806.01/02

Memorandum of the Environment Development Planner and the Director City Planning of 12 September 2019 and attachments.

Delegation:     Council


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Memorandum: City Planning Committee

 

Petition to Amend Sealed Plan 152588
7, 9 & 12 Reid's Road, Fern Tree

 

1.        INTRODUCTION

1.1.     A petition under section 103 of the Local Government (Building and Miscellaneous) Provisions Act 1993 (LGBMP Act) has been received to amend sealed plan 152588.  The petition is attached as Attachment A and Sealed plan 152588 is attached as Attachment B.

1.2.     The petition seeks the deletion of a covenant in the schedule of easements to the sealed plan.  The schedule of easements to sealed plan 152588 is attached as Attachment C.

1.3.     The covenant applies to the owners of Lots 1, 2 and 3 on the sealed plan, being 7, 9 and 12 Reid’s Road, Fern Tree.

1.4.     The covenant prohibits the siting of dwellings outside specified building envelopes on each lot.  The specified building envelopes are shown on the sealed plan in Attachment B, and on the aerial photograph attached as Attachment D.

1.5.     The petitioner’s are the owners of 12 Reid’s Road.

 

2.         THE LEGISLATIVE PROVISIONS

2.1.     Section 103(1)(b) of the LGBMP Act provides that a sealed plan may be amended by the Council on an application by any person having an interest in land subject to the plan.

2.2.     Section 103(3) of the LGBMP Act requires a person to make the application by petition and serve a copy of the petition on all persons appearing by the registers under the Land Titles Act 1980 and the Registration of Deeds Act 1935 to have an estate or interest at law affected by the proposed amendment.

2.3.     The petitioners have provided evidence that a copy of the petition has been served on all persons having an estate or interest at law affected by the proposed amendment.

2.4.     Section 103(4) of the LGBMP Act provides that any person affected by the proposed amendment may ask to be heard by Council in support or opposition within 28 of being served with a copy of the petition.

2.5.     No requests to be heard have been received and the time period within which affected persons may ask to be heard has lapsed.

2.6.     At the end of 28 days after the last petition has been served, the council may, if no person has asked to be heard in opposition, cause the amendment to be made.

 

3.      BACKGROUND

4.1.     The subdivision that created the subject lots was approved under planning permit PLN-05-01452-01.

4.2.     Condition 3 of that permit required the final plan of survey to show building envelopes reflecting those in the approved bushfire management plan for the subdivision, and for the schedule of easements to include a covenant in favour of Council precluding the siting of dwellings outside the designated building envelopes.

4.3.     While compliance with the bushfire plan was also required via a Part 5 Agreement, the covenant was also required so that the siting restriction was more obvious to potential purchasers and to allow for easier enforcement of that restriction.

 

4.      CONSIDERATION

4.1.     Part 1A ‘Bushfire-prone areas’ of the Building Regulations 2014 (which remains applicable to building work in bushfire-prone areas until commencement of the Tasmanian Planning Scheme in the municipality) applies to the development of dwellings in bushfire-prone areas.

4.2.     Under the Regulations, a bushfire hazard management plan approved for a subdivision planning permit can be relied upon to satisfy Part 1A of the Regulations for dwellings built on the lots created by the subdivision unless the bushfire hazard management plan is more than 6 years old.  If such a plan is more than 6 years old, a new bushfire plan or an exemption is required.

4.3.     The planning permit that approved the bushfire plan was granted in 2006, so the bushfire plan is now too old to be used to satisfy Part 1A of the Building Regulations 2014 and a new bushfire plan will be required to obtain building consent.

4.4.     Given that new bushfire plans will be required for the development of dwellings on the lots, and that acceptable bushfire solutions may be achievable for dwellings sited outside the building envelopes specified in the covenant, there is no need for or benefit from restricting dwellings to the locations specified in the covenant.

4.5.     It is therefore recommended that Council make the proposed amendment to the sealed plan by removing the covenant.

4.6.     It should be noted that the Part 5 Agreement that requires compliance with the subdivision bushfire plan will also need to be amended before dwellings can lawfully be constructed outside the designated building envelopes.

 

REcommendation

That pursuant to section 103 of the Local Government (Building and Miscellaneous) Provisions Act 1993, the Council approve the petition to amendment Sealed Plan 152588 as outlined in Attachment A.

 

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.

 

Rowan Moore Signature2

Rowan Moore

Environment Development Planner

Neil Noye Signature

Neil Noye

Director City Planning

 

Date:                            12 September 2019

File Reference:          F19/114557; D0806.01/02

 

 

Attachment a:             Petition to Amend Sealed Plan

Attachment b:             Sealed Plan SP152588  

Attachment c:            Schedule of Easements for Sealed Plan SP152588

Attachment d:            Aerial Photo Showing Approximate Location of Building Envelopes   


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