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City of hobart

 

 

 

 

AGENDA

City Planning Committee Meeting

 

Open Portion

 

Monday, 11 November 2019

 

at 5:00 pm

Lady Osborne Room, Town Hall


 

 

 

 

THE MISSION

Working together to make Hobart a better place for the community. 

THE VALUES

The Council is:

 

People

We value people – our community, our customers and colleagues.

Teamwork

We collaborate both within the organisation and with external stakeholders drawing on skills and expertise for the benefit of our community. 

Focus and Direction

We have clear goals and plans to achieve sustainable social, environmental and economic outcomes for the Hobart community. 

Creativity and Innovation

We embrace new approaches and continuously improve to achieve better outcomes for our community. 

Accountability

We work to high ethical and professional standards and are accountable for delivering outcomes for our community. 

 

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 3

 

11/11/2019

 

 

ORDER OF BUSINESS

 

Business listed on the agenda is to be conducted in the order in which it is set out, unless the committee by simple majority determines otherwise.

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Co-Option of a Committee Member in the event of a vacancy  4

2.        Confirmation of Minutes. 4

3.        Consideration of Supplementary Items. 4

4.        Indications of Pecuniary and Conflicts of Interest. 5

5.        Transfer of Agenda Items. 5

6.        Planning Authority Items - Consideration of Items With Deputations. 5

7.        Committee Acting as Planning Authority. 6

7.1     Applications under the Hobart Interim Planning Scheme 2015  7

7.1.1       141 Hampden Road, Hobart - Three Multiple Dwellings (One Existing, Two New) Partial Demolition, Extension, Alterations, Landscaping and Alterations to Car Parkng. 7

7.1.2       13 - 15 Ridgeway Road, 58-60 Hall Street, 56 Hall Street, Ridgeway - Boundary Adjustment 253

7.1.3       1/25A Elphinestone Road, Mount Stuart Common Land of Parent Title - Partial Change of Use to Visitor Accommodation.. 275

7.1.4       Amendment PSA-19-4 - Hobart Interim Planning Scheme 2015 - Food Services and Food and Beverage Production Uses in the Light Industrial Zone. 321

8          Reports. 369

8.1     City Planning - Advertising Report 369

8.2     Delegated Decisions Report (Planning) 374

9.        Questions Without Notice. 378

10.     Closed Portion Of The Meeting.. 379

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 5

 

11/11/2019

 

 

City Planning Committee Meeting (Open Portion) held Monday, 11 November 2019 at 5:00 pm in the Lady Osborne Room, Town Hall.

 

COMMITTEE MEMBERS

Deputy Lord Mayor  Burnet (Chairman)

Briscoe

Denison

Harvey

Behrakis

 

NON-MEMBERS

Lord Mayor Reynolds

Zucco

Sexton

Thomas

Dutta

Ewin

Sherlock

Apologies:

 

 

Leave of Absence:

 

1.       Co-Option of a Committee Member in the event of a vacancy

 

 

 

2.       Confirmation of Minutes

 

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 28 October 2019 and the Special City Planning Committee meeting held on Monday, 4 November 2019, are submitted for confirming as an accurate record.

 

 

 

 

3.       Consideration of Supplementary Items

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

Recommendation

 

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.

 

 

4.       Indications of Pecuniary and Conflicts of Interest

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

 

Members of the committee are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the committee has resolved to deal with.

 

5.       Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

 

A committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

 

In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.

 

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

 

6.       Planning Authority Items - Consideration of Items With Deputations

 

In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the General Manager is to arrange the agenda so that the planning authority items are sequential.

 

In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.

 

Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.

 

RECOMMENDATION

 

That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 6

 

11/11/2019

 

 

7.       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. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 15

 

11/11/2019

 

 

7.1     Applications under the Hobart Interim Planning Scheme 2015

 

7.1.1   141 Hampden Road, Hobart - Three Multiple Dwellings (One Existing, Two New) Partial Demolition, Extension, Alterations, Landscaping and Alterations to Car Parkng

            PLN-19-504 - FILE REF: F19/143049

Address:                         141 Hampden Road, Hobart

Proposal:                       Three Multiple Dwellings (One Existing, Two New) Partial Demolition, Extension, Alterations, Landscaping and Alterations to Car Parking

Expiry Date:                   26 November 2019

Extension of Time:       Not applicable

Author:                           Liz Wilson

 

 

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for three multiple dwellings (one existing, two new), partial demolition, extension, alterations and landscaping at 141 Hampden Road Hobart 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 PLN­19­504 ­ 141 HAMPDEN ROAD HOBART TAS 7000 ­ Final Planning Documents except where modified below.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

TW

 

 

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2019/01213­HCC dated 5 September 2019 as attached to the permit.

 

 

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: 6012 dated 16 October 2019, as attached to the permit.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

PLN 2

 

 

Screening with no more than 25% uniform transparency and a minimum height of 2.0m above floor level, must be installed and maintained along the eastern edge of the servants' wing roof terrace prior to the first occupation.

 

 

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

 

 

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

 

 

Advice: The draft plans 1811­DA20 rev F, 1811­DA24 rev D and 1811­DA28 rev F, which show a 1.0m high steel and textured/translucent glass screen on top of a 1.0m solid planter box, are considered to meet this condition. Alternative designs may be considered at building permit stage, in consultation with the eastern neighbour and Council's Cultural Heritage Officer.

 

 

Reason for condition

 

 

To provide reasonable opportunity for privacy for dwellings.

 

 

 

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).

 

 

Advice:

 

 

Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.

 

 

Reason for condition

 

 

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

 

 

ENG sw8

 

 

A stormwater detention system in accordance with Aldanmark drawing 19E99­ 97 C1.01 Rev 1 must be installed limit stormwater discharges from the development prior to first occupation. The stormwater detention system must have a minimum capacity of 3,000L and a maximum discharge rate of 5 L/s.

 

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

 

 

Reason for condition

 

 

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

 

 

ENG 3a

 

 

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

 

 

1.     Jockey parking is permitted as documented on drawing 1811­DA15 Rev C by Circa Morris­Nunn Architects.

2.     Manoeuvring area maximum gradient to be 10%.

 

 

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 first five metres (5m) of the access driveway approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) prior to commencement of use. The entire access driveway, circulation roadways and parking module (parking spaces, aisles and manoeuvring area) must have the 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 5

 

 

The number of car parking spaces approved on the site is eight (8).

 

 

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

 

 

Advice: Heritage condition HER 10 below has refused the two new parking spaces located between the 'main building' and Hampden Road. The three existing spaces located between the servants wing and Hampden Road (on the existing driveway) can remain. The number of approved spaces is therefore five in the rear and three in the front. Reducing the number of spaces between the servants wing and Hampden Road to two is also acceptable.

 

 

Reason for condition

 

 

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

 

 

 

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.

 

 

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.

 

 

HER 10

 

 

The two parking areas 6 and 7 as shown on plans 1811­DA 14, 15, 16, 17, revisions E and C dated 4/9/19 and 27/8/19 are not approved. The garden area between the 'main building' and Hampden Road must be retained with a new planted garden area between the house and the fence.

 

 

Prior to the issue of any approval under the Building Act 2016, revised plans, including landscaping plans must be submitted and approved showing the retention of the garden area in accordance with the above requirement.

 

 

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

 

 

Advice: The three existing parking spaces between the servants wing and Hampden

Road may remain.

 

 

Reason for condition

 

 

To ensure that development at a heritage place and in a heritage precinct does not

result in the loss of historic cultural heritage values.

 

 

HER 11

 

 

The southern wall of the garden apartment must not directly abut the servant's wing. This wall must be separated from the servant's wing by the width of the existing verandah. Any connection to the rooftop terrace from the servant's wing must be via a lightweight link or bridge with handrails designed in materials, colours and finishes in accordance with condition HER 17.

 

 

Prior to the issue of any approval under the Building Act 2016, revised

plans must be submitted and approved showing a separation in accordance with the above requirement.

 

 

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

 

 

Reason for condition

 

 

To ensure that development at a heritage place and in a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

 

 

HER 12

 

 

The glazed balustrade on the first floor between the servant's wing and the main house as shown on drawing 1811­DA22 revision C dated 27/8/19 is not approved. The balustrade must be constructed using more muted and less reflective materials, colours and finishes.

 

 

Prior to the issue of any approval under the Building Act 2016, documentation must be submitted and approved in accordance with the above requirement.

 

 

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

 

 

Reason for condition

 

 

To ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

 

 

HER 17

 

The materials and colours shown on the submitted plans and summarised in the Material Board (drawing 1811­DA31 revision A dated 27/8/19) are not approved. The colours, finishes and materials must reflect the palette of colours, finishes and materials within the local streetscape and precinct, adjacent to Melrose and other nearby buildings.

 

 

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

 

 

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

 

 

Reason for condition

 

 

To ensure that development at a heritage place and in a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

 

 

ADVICE

 

 

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

 

 

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

 

 

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.

 

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-19-504 - 141 HAMPDEN ROAD HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-19-504 - 141 HAMPDEN ROAD HOBART TAS 7000 - CPC Agenda Documents

Attachment c:            PLN-19-504 - 141 HAMPDEN ROAD HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report   


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 21

ATTACHMENT a

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 83

ATTACHMENT b

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 252

ATTACHMENT c

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 253

 

11/11/2019

 

 

7.1.2   13 - 15 Ridgeway Road, 58-60 Hall Street, 56 Hall Street, Ridgeway - Boundary Adjustment

            PLN-19-512 - FILE REF: F19/143690

Address:                         13-15 Ridgeway Road, 58-60 Hall Street, 56 Hall Street, Ridgeway

Proposal:                       Boundary Adjustment

Expiry Date:                   12 December 2019

Extension of Time:       Not applicable

Author:                           Jeff Krafft

 

 

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for boundary adjustments at 13­15 Ridgeway Road, 56 Hall Street and 58­60 Hall Street, Ridgeway for the following reasons:

 

 

1       The proposal does not meet the acceptable solution or the performance criterion with respect to clause D.13.5.1 A1 and P1 (Lot Design) of the Hobart Interim Planning Scheme 2015 because the size of each lot proposed is less than 2ha.

 

 

2       The proposal does not meet the requirements of clause B.9.3 (Adjustment of Boundary) of the Hobart Interim Planning Scheme 2015 because the changes proposed to the relative lot sizes and relative lot shapes are not minor.

 

Attachment a:             PLN-19-512 - 13-15 RIDGEWAY ROAD RIDGEWAY TAS 7054 - Planning Committee or Delegated Report

Attachment b:             PLN-19-512 - 13-15 RIDGEWAY ROAD RIDGEWAY TAS 7054 - CPC Agenda Documents

Attachment c:            PLN-19-512 - 13-15 RIDGEWAY ROAD RIDGEWAY TAS 7054 - CPC Supporting Document - Statement from Applicant   


Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 263

ATTACHMENT a

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 272

ATTACHMENT b

 


 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 274

ATTACHMENT c

 

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 277

 

11/11/2019

 

 

7.1.3   1/25A Elphinestone Road, Mount Stuart Common Land of Parent Title - Partial Change of Use to Visitor Accommodation

            PLN-19-544 - FILE REF: F19/143764

Address:                         1/25a Elphinstone Road, Mount Stuart, Common Land of Parent Title

Proposal:                       Partial Change of Use to Visitor Accommodation

Expiry Date:                   26 November 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 change of use to visitor accommodation at 1/25A Elphinstone Road, Mount Stuart 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 PLN­19­544 ­ 1/25A ELPHINSTONE ROAD MOUNT STUART TAS 7000 ­ Final Planning Documents except where modified below.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

PLN 18

 

 

Prior to the commencement of the approved use, a management plan for the operation of the visitor accommodation must be submitted and approved, to the satisfaction of the City of Hobart's Director City Planning. The management plan must include measures to limit, manage and mitigate unreasonable impacts upon the amenity of long term residents. These measures must include, but are not limited to, the following requirements:

 

 

1.     To limit, manage, and mitigate noise generated as a result of the visitor accommodation;

2.     To limit, manage, and mitigate behavioural issues caused as a result of the visitor accommodation;

3.     To maintain the security of the building where the visitor accommodation would be located, including managing and/or limiting access to shared areas and facilities;

4.     To specify the maximum permitted occupancy of the visitor accommodation;

5.     To specify the maximum number of vehicles to be associated with guests and where they must be parked. Guests bringing their own vehicles must utilise the existing garage space or on street parking.

 

 

Once approved by the City of Hobart's Director City Planning, the management plan must be circulated by the property owner, at a minimum, to all owners/occupiers of units 2 and 3/25a Elphinstone Road, Mount Stuart, and to all adjoining properties, including all of the units within 32 Mortimer Avenue, Mount Stuart.

 

 

Once approved, the management plan must be implemented prior to the commencement of the approved use. The use must be operated in accordance with the approved management plan for as long as the visitor accommodation use is in operation.

 

 

Reason for condition

 

 

To ensure that visitor accommodation does not cause an unreasonable loss of residential amenity.

 

 

PLN s3

 

 

Onsite Car Parking Spaces 1 and 2 are not approved for the use. Only one (1) onsite parking space located within the garage of the dwelling is approved for the Visitor Accommodation use.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

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.

 

 

VISITOR ACCOMMODATION

 

 

More information on visitor accommodation, including when building approval is required, can be found here.

 

 

In all cases, check with your insurance company that you have adequate cover.

 

 

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

 

Attachment a:             PLN-19-544 - 1/25A Elphinstone Road Mount Stuart 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-19-544 - 1 25A Elphinstone Road Mount Stuart 7000 - CPC Agenda Documents   


Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 282

ATTACHMENT a

 

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 309

ATTACHMENT b

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 321

 

11/11/2019

 

 

7.1.4 Amendment PSA-19-4 - Hobart Interim Planning Scheme 2015 - Food Services and Food and Beverage Production Uses in the Light Industrial Zone

          File Ref: F19/138994; PSA-19-4

Report of the Development Planner, Manager Planning Policy & Heritage and the Director City Planning of 5 November 2019 and attachments.

Delegation:     Council


Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 333

 

11/11/2019

 

 

REPORT TITLE:                  Amendment PSA-19-4 - Hobart Interim Planning Scheme 2015 - Food Services and Food and Beverage Production Uses in the Light Industrial Zone

REPORT PROVIDED BY:  Development Planner

Manager Planning Policy & Heritage

Director City Planning

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to consider an application under the former provisions of the Land Use Planning and Approvals Act 1993 (LUPAA), from JMG Engineers & Planners on behalf of SolutionsWon Group Pty Ltd, to amend the Light Industrial Zone Use Table of the Hobart Interim Planning Scheme 2015 (HIPS 2015) by removing the qualification to food services, and inserting ‘resource processing’ with the qualification ‘if for food and beverage production’ in the discretionary section of the table.

1.2.     The proposal benefits the community by ensuring that the provisions of the Light Industrial Zone allow for a diversity of uses that are capable of meeting the zone objectives.

2.         Report Summary

2.1.     The proposal is to amend the Use Table of the Light Industrial Zone of the HIPS 2015 to allow for ‘resource processing (if for food and beverage production)’ and unqualified ‘food services’ as discretionary uses. All resource processing uses, and food services uses other than take away food premises and café, are currently prohibited in the zone.

2.2.     The applicant’s submission in support of the amendment is provided in Attachment A.

2.3.     The proposed amendment is provided in Attachment B.

2.4.     The Light Industrial Zone is located in North Hobart, fronting sections of Burnett, Argyle and Federal Streets.  It is largely surrounded by Inner Residential land, and is also adjacent to areas zoned General Business, Commercial and Urban Mixed Use.

2.5.     The proposal is provided on behalf of a landowner within the Light Industrial Zone who intends to develop a food and beverage production/food services use, however there is no application for use or development as part of this amendment.

2.6.     Food services and food and beverage production uses are already intended to be discretionary in both the State Planning Provisions Light Industrial Zone and the Specific Area Plan for Hobart’s Light Industrial Zone under the Local Provisions Schedule.  This means that these uses will likely be discretionary on all Light Industrial zoned land under the Tasmanian Planning Scheme.

2.7.     It is considered that the proposed uses are capable of meeting the zone objectives, and have the potential to be compatible with the existing and allowable mix of uses in the zone.

2.8.     The proposed amendment to include resource processing (food and beverage production) and all food services and as discretionary uses in the use table of the Light Industrial Zone is considered to be an appropriate amendment to the HIPS 2015 and is recommended for initiation.

3.         Recommendation

That:

1.      Pursuant to Section 34(1) (a) 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 amend the Light Industrial Zone Use Table by removing the qualification to ‘Food services’, and inserting ‘Resource processing’ with the qualification ‘If for food and beverage production’ in the discretionary section of the table, as detailed in Attachment B.

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 2015 PSA-19-4 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 C).

3.      Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place Amendment PSA-19-4 to the Hobart Interim Planning Scheme 2015 on public exhibition for a 28 day period following certification.

 

 

4.         Background

4.1.     The amendment application has been submitted on behalf of a landowner in the Light Industrial Zone who intends to develop a food and beverage production/food services use, however there is no application for use or development as part of this amendment.

4.2.     A site specific qualification or rezoning option to allow for these uses on a single site was considered, however it was determined that a change to the use table over the whole zone was most appropriate.

Existing Situation

4.3.     Land subject to the Light Industrial Zone is located in North Hobart, and is adjacent to areas zoned Inner Residential, General Business, Commercial, Urban Mixed Use and Open Space, as well as some major roads zoned Utilities. The zone covers land fronting sections of Burnett, Argyle and Federal Streets. 

4.4.     The zone lies generally north of the Commercial Zone, and west of the North Hobart restaurant strip (zoned General Business). The area is shown in Figure 1 below:

Figure 1: Zoning map showing Location of Light Industrial Zone (pink), Inner Residential Zone (maroon), General Business Zone (blue), Urban Mixed Use Zone (grey), Commercial Zone (lilac), Open Space Zone (dark green) and Utilities Zone (yellow).

4.5.     The zone currently includes a mix of uses, such as manufacturing and processing, service industry, food services (café), bulky goods sales, general retail and hire, vehicle fuel sales and service and residential.

 

Planning Scheme Provisions

4.6.     The Zone Purpose Statements for the Light Industrial Zone are:

To provide for manufacturing, processing, repair, storage and distribution of goods and materials where off-site impacts are minimal or can be managed to minimise conflict or impact on the amenity of other uses.

To promote efficient use of existing industrial land stock.

To minimise land use conflict in order to protect industrial viability and the safety and amenity of sensitive land uses in adjacent zones.

To ensure that building design and form enhances the streetscape and protects the amenity of the neighbourhood.

4.7.     Within the Light Industrial Zone, the following uses are allowable:

No Permit Required

·    Any permitted use if replacing an existing use with no development

·    Natural and cultural values management

·    Minor utilities

Permitted

·    Equipment and machinery hire

·    Manufacturing and processing

·    Service industry

·    Storage

Discretionary

·    Educational and occasional care (if employment training centre)

·    Emergency services

·    Food services (if take away food premises or café)

·    General retail and hire (if existing)

·    Passive recreation

·    Research and development

·    Residential (if caretakers dwelling, ancillary dwelling or extension to existing dwelling)

·    Sports and recreation

·    Transport depot and distribution

·    Utilities

·    Vehicle fuel sales and service

4.8.     The impact of uses within the zone are addressed by standards that control the hours of operation, noise emissions, external lighting, commercial vehicle movements and outdoor work areas near a residential zone.

4.9.     Development standards control the form of buildings, and set a maximum permitted height of 8.5m.  Permitted frontage setbacks are tailored to different streets, ranging from 0m-3m.  Building design is required to contribute positively to the streetscape and allow for passive surveillance. Landscaping, fencing and the location of outdoor storage areas are also considered.

4.10.   The minimum permitted lot size in the zone is 500m2, with a 10m frontage.

Tasmanian Planning Scheme

4.11.   The Light Industrial Zone under the State Planning Provisions (SPPs) of the Tasmanian Planning Scheme allows for food services as an unqualified discretionary use, and resource processing as a discretionary use where it relates to food and beverage production.

4.12.   The proposed Hobart Local Provision Schedule (LPS) includes a Specific Area Plan for the Light Industrial Zone, as the area in Hobart covered by this zone is unique in context given its relatively small lot sizes and proximity to residential land.

4.13.   In line with the SPPs, the LPS Specific Area Plan also proposes food services and food and beverage production as discretionary uses.

4.14.   The Hobart LPS was endorsed by Council on 18 February 2019, and is currently being assessed by the Tasmanian Planning Commission (TPC).

4.15.   The Tasmanian Planning Scheme will not come into operation in Hobart until the LPS has been approved by the TPC.

5.         Proposal and Implementation

5.1.     The proposal is to amend the Light Industrial Zone Use Table of the Hobart Interim Planning Scheme 2015 (HIPS 2015) by removing the qualification to food services, and inserting ‘resource processing’ with the qualification ‘if for food and beverage production’ in the discretionary section of the table.

Justification – Applicant’s Submission

5.2.     The applicant considers that the requested amendment is justified for the following reasons:

5.2.1.     The uses proposed to be introduced will be allowable uses upon the introduction of the Tasmanian Planning Scheme, as the SPPs include these uses as discretionary in the Use Table for the Light Industrial Zone.

5.2.2.     The Hobart LPS, which includes a Specific Area Plan for the Light Industrial Zone, also intends to allow for unqualified food service uses and resource processing (limited to food and beverage production).

5.2.3.     Council has already endorsed the LPS, including the use table for the Light Industrial Zone Specific Area Plan, indicating this is the intended future planning direction for the zone.

5.2.4.     Future use and development in the zone will still be required to meet the use and development standards of the zone and any applicable codes.

5.2.5.     The proposed amendment is consistent with the zone purpose statements.

5.2.6.     Expanding the allowed uses in the zone will bring the existing Light Industrial Zone in Hobart into greater alignment with the SPPs.

5.2.7.     Amendment of the use table is considered the most appropriate method to allow for food and beverage processing and food services, as site-specific departures from the zone provisions are not desirable in the planning scheme, and rezoning a single site would change the overall purpose of that site, which is not intended.

5.2.8.     Given the SPPs have been passed with these uses discretionary in the Light Industrial Zone use table, it is considered that they have been assessed as being capable of avoiding potential for land use conflicts with use and development permissible in adjacent areas, in accordance with S32(1)(e) of LUPAA.

5.2.9.     As the uses will be discretionary, the planning authority will have control over the introduction of the uses in the zone. The development controls established under the zone and applicable codes will ensure external impacts of the proposed use avoid the potential for land use conflict in the adjacent area.

5.2.10.  If the capacity of a resource processing use were to exceed volumes established under Schedule 2 of the Environmental Management and Pollution Control Act 1994, the use would be referred to the Environmental Protection Agency to assess impacts.

5.2.11.  The amendment is considered to further the objectives in Schedule 1 of LUPAA, in particular that it:

·    Has minimal impacts on ecological processes and genetic diversity;

·    Provides for the fair, orderly, and sustainable use of land as the uses are appropriate to the zone and will be subject to appropriate use and development standards;

·    Will facilitate economic development as it allows diversification of use and therefore development of new businesses that maintain the character of the area;

·    Is considered to generate positive economic outcomes without causing negative environmental or social impacts;

·    Is consistent with State Policies and will not conflict with neighbouring planning schemes;

·    Provides an additional option for a working environment that is close to transport, open space and retail;

·    Reflects the capacity of the land in a zone that is well serviced and within easy access of public infrastructure.

5.2.12.  The amendment is consistent with the strategic directions of the Southern Tasmania Regional Land Use Strategy (STRLUS), in that it relates to the effective utilisation of land that has ready access to existing social and physical infrastructure, and it supports economic growth, job creation and liveability.

5.2.13.  The amendment supports the STRLUS regional policy specifically relating to industrial activity, in that it manages well-sited industrial land that is relatively flat and has easy access to major transport routes and physical infrastructure and is not subject to any environmental overlays. 

5.2.14.  The amendment supports the STRLUS regional policy relating to activity centres in that it provides for diversity of use and employment in the primary activity centre, encouraging in-centre development and strengthening the local community.

5.2.15.  The amendment is consistent with the Southern Tasmania Industrial Land Strategy 2013 in that it does not result in additional industrial land supply, but allows for efficient and compatible use of existing well-serviced industrial land that has specific provisions relating to the protection of surrounding residential amenity.

Justification – comment

5.3.     The applicant has submitted some valid reasons in support of the changes to the use table.

5.4.     Food and beverage production and food services within the Light Industrial Zone in the Hobart context are considered to be appropriate uses. This is reflected by the fact that both of these uses are discretionary under the SPPs, and the proposed Specific Area Plan for the Light Industrial Zone under Hobart’s LPS.  The LPS has been endorsed by Council and is currently under review by the TPC.

5.5.     Food and beverage production is a use within the resource processing use class.  This is currently a prohibited use class in the zone, as many operations within this class have the capacity for significant off-site impacts (e.g. abbatoir, animal saleyard, sawmilling).  

5.6.     Food and beverage production uses such as small scale distilling, winemaking or food production could be appropriate in the zone, with discretion.

5.7.     Higher impact food and beverage production uses may be less appropriate given the proximity to residential areas, but are likely to be required to go through assessment as a Level 2 activity under the Environmental Management and Pollution Control Act 1994 (EMPCA) if they are of a significant size.  For a brewery or distillery, this would include operations with the capacity to consume 100 kilolitres or more of water in a working day of 8 hours. For food production, this would include operations with a processing capacity of 50kg per hour or batch.

5.8.     Manufacturing and processing, which can include operations such as brick making, cement works, furniture making, glass manufacturing and metal and wood fabrication, is currently an unqualified permitted use class in the Light Industrial Zone. It is considered that processing of food and beverages are likely to be of no greater impact than manufacturing and processing uses. 

5.9.     Food services is a general use class that includes any operation that prepares or sells food or drink for consumption on or off the premises, such as café, restaurant and take-away food premises.

5.10.   Food services is allowable either as permitted or discretionary in all zones adjoining the Light Industrial Zone, although in the Inner Residential Zone it is limited to where the use is located in a building that has previously been used for commercial purposes.  This indicates the use is considered to be potentially compatible with all surrounding land uses.

5.11.   Take away food premises and cafes are already discretionary in the zone, and providing discretion for other uses in the use class (such as a restaurant) is considered to be similarly appropriate.  The practical difference between a restaurant and a café is likely to be formality and hours of operation. Given there are use standards relating to hours of operation near residential zones (permitted standard of 7.00am to 7.00pm during weekdays, 9.00am to 5.00pm during Saturdays and nil Sundays and Public Holidays), a restaurant use will likely require discretionary assessment around its site-specific impacts.

5.12.   The Light Industrial Zone currently abuts the General Retail Zone in North Hobart (which is primarily a restaurant strip) in two locations.  The adjacency of light industrial uses to food services uses does not appear to have caused any significant issues to date. 

5.13.   Food and beverage production and food services are considered to be compatible with the current permitted and discretionary uses in the zone, and the existing operating uses in the zone. 

5.14.   Potential off-site impacts of the proposed uses could include noise, odour and traffic impacts.  Some of these impacts are controlled by the Environmental Management and Pollution Control Act 1994, and are no more likely to be problematic than other permitted or discretionary uses in the zone.  Traffic and parking issues (for example relating to a restaurant use) would be assessed at the development application stage, and would be dependent on the location and size of any proposed operation. 

5.15.   There are comprehensive use standards under the zone that control issues such as hours of operation, noise emissions, external lighting, commercial vehicle movements and outdoor work areas near a residential zone.

5.16.   The proposed additional uses are considered to be capable of meeting each of the Light Industrial zone objectives, and any off-site impacts are able to be mitigated by provisions in the zone.  The amendment is therefore considered to be appropriate.

6.         Strategic Planning and Policy Considerations

6.1.     The proposed amendment is consistent with the objectives of the Capital City Strategic Plan 2019-29, in particular with the following outcomes:

6.1.1.     Hobart keeps a strong sense of place and identity, even as the city changes;

6.1.2.     In City decision-making, we consider how different aspects of Hobart life connect and contribute to sense of place;

6.1.3.     Hobart’s economy reflects is unique environment, culture and identity;

6.1.4.     People have a range of opportunities to participate in the economic life of the city;

6.1.5.     Hobart is a place where entrepreneurs and businesses can grow and flourish;

6.1.6.     Hobart’s economy is strong, diverse and resilient.

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 LUPAA 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.     Does not compromise natural resources or ecological processes and encourages well serviced land with easy access to public infrastructure to be effectively utilised;

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

8.3.3.     Allows for diversification of use in the area, supporting economic development;

8.3.4.     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;

8.3.5.     considers the provision of a pleasant, efficient and safe environment for residents and visitors to Hobart,

8.3.6.     considers the capability of the zone, and allowable uses that are likely to have minimal land use conflict with surrounding uses.

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

8.5.     S32(e) of the former provisions of LUPAA requires that planning scheme amendments must, as far as practicable, avoid the potential for land use conflicts with use and development permissible under the planning scheme applying to the adjacent area.  This amendment is considered to be appropriate in the context of the provisions for surrounding zones.  It is not adjacent to any areas controlled by a different planning scheme.

8.6.     S32(f) of the former provisions of LUPAA requires that planning scheme amendments must have regard to the impact that 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 amendment supports the diversification of businesses in the primary activity centre.  It is not considered to have any direct environmental impacts, and supports economic growth and liveability by providing for diversity of services that are appropriate for their location.

8.7.     S30O 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 amendment is consistent with the strategy in that it:

8.7.1.     Encourages diversity of use on well serviced land close to existing infrastructure and transport;

8.7.2.     Supports economic development and employment, promoting Hobart as the primary activity centre;

8.7.3.     Manages industrial land in an area that is flat and well located in terms of physical infrastructure;

8.7.4.     Allows for development of industrial land that minimises regional environmental impacts;

8.7.5.     Encourages an appropriate mix of uses.

9.         Environmental Considerations

9.1.     The proposed amendment is not considered to have any significant environmental impacts.

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.   The 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, a copy of the formal amendment document and the applicant’s submission.

13.      Delegation

13.1.   Delegation rests with 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.

 

Sarah Crawford Signature

Sarah Crawford

Development Planner

James McIlhenny Signature

James McIlhenny

Manager Planning Policy & Heritage

Neil Noye Signature

Neil Noye

Director City Planning

 

 

Date:                            5 November 2019

File Reference:          F19/138994; PSA-19-4

 

 

Attachment a:             Applicant's Submission

Attachment b:             Amendment Document

Attachment c:            Instrument of Certification   


Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 359

ATTACHMENT a

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 367

ATTACHMENT b

 

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Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 368

ATTACHMENT c

 

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Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 369

 

11/11/2019

 

 

8        Reports

 

8.1    City Planning - Advertising Report

          File Ref: F19/143987; 16/117

Memorandum of the Director City Planning of 6 November 2019 and attachment.

Delegation:     Committee


Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 370

 

11/11/2019

 

 

 

 

Memorandum: City Planning Committee

 

City Planning - Advertising Report

 

Attached is advertising list for the period 22 October 2019 to 4 November 2019.

 

 

REcommendation

That the information contained in the memorandum titled ‘City Planning – Advertising 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:                            6 November 2019

File Reference:          F19/143987; 16/117

 

 

Attachment a:             City Planning - Advertising Report   


Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 373

ATTACHMENT a

 

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Item No. 8.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 374

 

11/11/2019

 

 

8.2    Delegated Decisions Report (Planning)

          File Ref: F19/143874

Memorandum of the Director City Planning of 6 November 2019 and attachment.

Delegation:     Committee


Item No. 8.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 375

 

11/11/2019

 

 

 

 

Memorandum: City Planning Committee

 

Delegated Decisions Report (Planning)

 

Attached is the delegated planning decisions report for the period 23 October 2019 to 4 November 2019.

 

REcommendation

That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ 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:                            6 November 2019

File Reference:          F19/143874

 

 

Attachment a:             Delegated Decisions Report (Planning)   


Item No. 8.2

Agenda (Open Portion)

City Planning Committee Meeting - 11/11/2019

Page 376

ATTACHMENT a

 

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Agenda (Open Portion)

City Planning Committee Meeting

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9.       Questions Without Notice

Section 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

 

An Elected Member may ask a question without notice of the Chairman, another Elected Member, the General Manager or the General Manager’s representative, in line with the following procedures:

1.         The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.

2.         In putting a question without notice, an Elected Member must not:

(i)    offer an argument or opinion; or

(ii)   draw any inferences or make any imputations – except so far as may be necessary to explain the question.

3.         The Chairman must not permit any debate of a question without notice or its answer.

4.         The Chairman, Elected Members, General Manager or General Manager’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.

5.         The Chairman may require a question to be put in writing.

6.         Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.

7.         Where a response is not able to be provided at the meeting, the question will be taken on notice and

(i)    the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.

(ii)   a written response will be provided to all Elected Members, at the appropriate time.

(iii)  upon the answer to the question being circulated to Elected Members, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.

 


 

Agenda (Open Portion)

City Planning Committee Meeting

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10.     Closed Portion Of The Meeting

 

That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:  

 

·         Confirm the minutes of the Closed portion of the meeting

·         Questions without notice in the closed portion

 

 

The following items were discussed: -

 

Item No. 1          Minutes of the last meeting of the Closed Portion of the Council Meeting

Item No. 2          Consideration of supplementary items to the agenda

Item No. 3          Indications of pecuniary and conflicts of interest

Item No. 4          Questions Without Notice