REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, new boatshed, jetty extension and reclamation works at 18­44 Napoleon Street Battery Point (CT39913/3, CT39913/4, CT39913/5) and adjacent foreshore and area of the river Derwent 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 PLN­19­237 ­ 18­44 NAPOLEON ST BATTERY POINT (CT39913/3, CT39913/4, CT39913/5) AND ADJACENT FORESHORE AND AREA OF THE RIVER DERWENT ­ 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 2019/01156­HCC dated 15/8/2019 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: 6001 dated 29th October 2019, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

The maximum size of boats built or slipped is 100 tonnes in weight or 30m in length.

Reason for condition

To clarify the scope of this permit i compliance with clause 38.3.1 A1 (a) of the Hobart Interim Planning Scheme 2015.

PLN s2

Hours of operation within the Slipyards, other than within a building, must be between 7.00am and 9.00pm

Reason for condition

To clarify the scope of the permit in compliance with clause 38.3.1 A1 (b) of the Hobart Interim Planning Scheme 2015.

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 2a

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

Advice:

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

Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required in the parking module this area may be considered as a path of access to a building.

Reason for condition

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

ENG 2b

Prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first), a certified vehicle barrier design (including site plan with proposed location(s) of installation) prepared by a suitably qualified engineer, compliant with Australian Standard AS/NZS1170.1:2002, must be submitted to Council.

Advice:

If the development's building approval includes the need for a Building Permit from Council, the applicant is advised to submit detailed design of vehicular barrier as part of the Building Application.

If the development's building approval is covered under Notifiable Work the applicant is advised to submit detailed design of vehicular barrier as a condition endorsement of the planning permit condition. Once the certification has been accepted, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

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

ENG 2c

Prior to the commencement of use, vehicular barriers must be inspected by a qualified engineer and certification submitted to the Council confirming that the installed vehicular barriers comply with the certified design and Australian Standard AS/NZS1170.1:2002.

Advice:

Certification may be submitted to the Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement)

Reason for condition

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

ENG 3a

The access 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), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

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) or treated with a durable all weather pavement 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 5

The number of car parking spaces approved on the site, for use is three (3).

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.

Reason for condition

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

ENG 8

The use of one (1) car parking space on­site is to be made available for people with a disability in accordance with Australian Standards AS/NZS2890.6:2009.

Advice: NCC Clause 3.5(d) states accessible car parking spaces need not be designated where there is a total of not more than 5 car parking spaces, so as to restrict the use of the car parking space only for people with a disability.

Reason for condition

In the interests of vehicle user safety and the amenity of the development.

ENG 1

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

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

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

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

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

Reason for condition

To ensure that any of the Council's infrastructure and/or site­related service

connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 2

An approved Construction Environmental Management Plan must be implemented.

Prior to the commencement of works, a Construction Environmental Management Plan, prepared by a suitably qualified person, must be submitted and approved. The Construction Environmental Management Plan must:

·    detail the proposed construction methodology and timeframes (particularly where works may have environmental impacts);

·    identify potential environmental impacts associated with the works, including pollution, amenity and biodiversity impacts; and

·    include measures to adequately avoid or mitigate all identified environmental risks.

Particular attention must be given to the landfill works, reclamation works and jetty extension works.

Issues to be considered and addressed must include, but are not limited to minimising water pollution by measures such as the timing of works for low tide/neap tide periods, use of a sediment fences or curtains, design of the reclaimed area and fill materials, management of runoff, management of potential construction debris, maximising off­site fabrication, management of potential spills from any construction machinery and the minimisation and/or management of sediment re­suspension during piling and reclamation.

The approved Construction Environmental Management Plan forms part of this permit and must be complied with.

Advice:

Once the CEMP 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 minimise the potential for environmental impacts from the construction works

ENV s1

Prior to the commencement of works and prior to the granting of building consent, the detailed design of the runoff capture and treatment system must be submitted and approved.

The approved design must be implemented and complied with.

Advice:

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 that buildings and works dependent on a coastal location are appropriately designed and sited to account for risk from inundation

HER 6

The recommendations as set out in the ‘Statement of Historical Archaeological Potential and Archaeological Impact Assessment’, produced by Praxis Environment, dated February 2019 in the form of an ‘Archaeological Method Statement’ shall be implemented in full. In addition, should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

·        All excavation and/or disturbance must stop immediately; and

·        a qualified archaeologist must be engaged to attend the site and provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

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

·        All features and/or deposits discovered must be reported to the Council with 3 days of the discovery; and

·        A copy of the Archaeologists advice, assessment and recommendations obtained in accordance with paragraph (2) above must be provided to Council within 20 days of receipt of the advice, assessment and recommendations.

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

Reason for condition

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

ENVHE 2

Should excavation be proposed on site a Contamination Environmental Site Assessment report prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM) as amended 2013 must be submitted to council prior to commencement of work. The report must conclude:

·        Whether any site contamination presents a risk to workers involved in redevelopment of the site, or future users of the site, as a result of proposed excavation of the site.

·        Whether any site contamination presents an environmental risk from excavation conducted during redevelopment of the site.

·        Whether any specific remediation and/or protection measures are required to ensure proposed excavation does not adversely impact human health or the environment before excavation commences.

·        Based on the results of the Environmental Site Assessment that the excavation as part of the planned works will not adversely impact on human health or the environment (subject to implementation of any identified remediation and/or protection measures as required).

If the Environmental Site Assessment report concludes that remediation

and/or protection measures are necessary to avoid risks to human health or the environment, a proposed remediation and/or management plan must be submitted prior to commencement of work. Any remediation or management plan involving soil disturbance must include a detailed soil and water management plan to prevent off­site transfer of potentially­contaminated soil or stormwater.

Reason for condition

To determine the level of site contamination, and to identify any recommended remediation/management practices/safeguards which need to be followed/put in place during any excavations/ground disturbance on, or for use of the site, to provide for a safe living environment.

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.

RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

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.

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for carpark upgrade and associated stormwater works at 1 Marieville Esplanade, Sandy Bay 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 PLN­19­176 ­ 1 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 AND ADJACENT ROAD RESERVE ­ Final Planning Documents except where modified below.

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 sw2.1

A pre­construction CCTV recording of the Council’s stormwater main within/adjacent to the proposed development, along with photos of any drainage structures to be connected to or modified, must be submitted to Council prior to the commencement of work.

The post­construction CCTV recording and photos will be relied upon to establish the extent of any damage caused to Council’s stormwater infrastructure during construction. If the owner/developer fails to provide Council with pre­construction CCTV recording then any damage to Council’s infrastructure identified in the post­construction CCTV recording will be deemed to be the responsibility of the owner.

Reason for condition

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

ENG sw2.2

A post­construction CCTV recording of the Council’s stormwater main within/adjacent to the proposed development, along with photos of any existing drainage structures connected to or modified as part of the development, must be submitted to Council upon completion of work.

The post­construction CCTV recording and photos will be relied upon to establish the extent of any damage caused to Council’s stormwater infrastructure during construction. If the owner/developer fails to provide Council with pre­construction CCTV then any damage to Council’s infrastructure identified in the post­construction CCTV will be deemed to be the responsibility of the owner.

Reason for condition

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

ENG sw4

The new stormwater connection/s must be constructed and any existing abandoned connections sealed by the Council at the owner’s expense, prior to the first occupation.

Detailed engineering drawings must be submitted and approved, prior to commencement of work. The detailed engineering drawings must include:

1.     the location of the proposed connection; and

2.     the size of the connection appropriate to satisfy the needs of the development.

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

Advice:

The applicant is advised to submit detailed design drawings via a Council City Amenity Division application for a new stormwater connection. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to submit an application for a new stormwater connection with Council City Amenity Division.

Where building / plumbing approval is also required, it is recommended that documentation to satisfy this condition is submitted well before submitting documentation for building/plumbing approval. Failure to address planning condition requirements prior to submitting for building/plumbing approval may result in unexpected delays.

Reason for condition

To ensure the site is drained adequately.

ENG sw5

The new public stormwater infrastructure must be designed and constructed prior to commencement of use.

Plans and computations to the satisfaction of Council must be submitted and approved, prior to commencement of work. The plans and computations, drawn to scale with dimensions, must:

·        Be certified by a qualified and experienced civil engineer;

·        Show the direction of stormwater run­off;

·        Include layout plans and longitudinal sections of the proposed stormwater mains; and

·        Include longitudinal and cross sections of the proposed open swale.

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

Advice:

The applicant is required submit detailed design documentation to satisfy this condition via the 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 Council’s hydraulic infrastructure meets acceptable standards.

ENG tr1

Traffic management within the parking module and associated road works must be installed prior to the commencement of use.

Traffic management design drawing(s) to the satisfaction of the responsible authority (including signage and line marking plans), must be submitted and approved prior to commencement of works. The design drawing(s) must:

1.     Be prepared by a suitably qualified person

2.     Include adequate means of delineation between the pedestrian path and the road carriageway

3.     Include a linemarking legend & schedule with suitable descriptions of each linetype and the total length of each linetype itemised

4.     Include appropriate signage in accordance with AS 1742.11:2016

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

Advice:

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

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

In the interests of user safety and the amenity of the occupiers of the development.

ENG tr2

A construction traffic and parking management plan must be implemented

prior to the commencement of work on the site.

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

1.     Be prepared by a suitably qualified person.

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

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

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

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

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

Advice:

Once the construction traffic and parking management plan has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

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

ENG 3a

The parking area must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 & AS 2890.5­1993, or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

Reason for condition

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

ENG 3b

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

The parking area design must: