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City of hobart

MINUTES

Special City Planning Committee Meeting

 

Open Portion

 

Monday, 2 December 2019 at 4:25pm

 


 

Minutes (Open Portion)

Special City Planning Committee Meeting

Page 2

 

2/12/2019

 

 

 ORDER OF BUSINESS

 

APOLOGIES AND LEAVE OF ABSENCE

Co-Option of a Committee Member in the event of a vacancy. 3

1.        Indications of Pecuniary and Conflicts of Interest. 3

2.        Committee Acting as Planning Authority. 4

2.1     Applications under the Hobart Interim Planning Scheme 2015  4

2.1.1       315 Elizabeth Street, North Hobart - Partial Demolition, Alterations Fencing and Partial Change of Use to Food Services - Deferral - PLN-19-103. 4

 


 

Minutes (Open Portion)

Special City Planning Committee Meeting

Page 3

 

2/12/2019

 

 

Special City Planning Committee Meeting (Open Portion) held on Monday, 2 December 2019 at 4:25 pm in the Lady Osborne Room.

 

COMMITTEE MEMBERS

Deputy Lord Mayor Burnet (Chairman)

Briscoe

Denison

Harvey

Behrakis

 

 

 

PRESENT: The Deputy Lord Mayor Councillor H Burnet, Aldermen J R Briscoe, T M Denison, Councillor W F Harvey, Alderman S Behrakis, the Lord Mayor Councillor A M Reynolds, Alderman D C Thomas, Councillor M Dutta, H Ewin and Z Sherlock.

 

APOLOGIES: Nil.

 

LEAVE OF ABSENCE: Nil.

 

 

NON-MEMBERS

Lord Mayor Reynolds

Zucco

Sexton

Thomas

Dutta

Ewin

Sherlock

 

Councillor Ewin arrived at the meeting at 4.30pm during the discussion of item 2.1.1.

 

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

No Elected Members were co-opted to the Committee.

 
1.       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 conflicts 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.

 

No interest was indicated.

 

 


 

Minutes (Open Portion)

Special City Planning Committee Meeting

Page 16

 

2/12/2019

 

 

2.       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.

 

2.1     Applications under the Hobart Interim Planning Scheme 2015

 

2.1.1   315 Elizabeth Street, North Hobart - Partial Demolition, Alterations Fencing and Partial Change of Use to Food Services - Deferral - PLN-19-103

            File Ref: F19/154039

 

BRISCOE

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations fencing and partial change of use to food services at 315 Elizabeth Street North Hobart as the proposal is for a minor development to a non-conforming use and there is no detrimental impact on an adjoining use, there is no substantial intensification of the use of the land, 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 PLN­19­103 315 ELIZABETH STREET NORTH 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: 5858 dated 19 November 2019, as attached to the permit.

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: Venue, courtyard and deck areas:

8:00am to 12:00 midnight, Monday ­ Saturday 8:00am to 11:00pm, Sunday

Rear Garden Area

8:00am to 6:00pm, Monday ­ Sunday

Reason for condition

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

PLN s1

The proposed use of the Rear Garden Area (ie. the area to the rear and the western side of the New Decking Area) is approved for one (1) year from the date of the approval by the City of Hobart’s Director City Planning of the management plan required by condition PLN s2 of this planning permit. Following that date, use of the Rear Garden Area in association with the Food Services use of the site must cease unless prior, separate planning approval has been granted allowing that use to continue.

Reason for condition

To clarify the scope of the permit

 

 

 

 

 

 

 

 

PLN s2

Prior to the commencement of the approved use of the New Decking Area and Rear Garden Area, a Management Plan for the operation of the New Decking Area and Rear Garden Area must be submitted and approved, to the satisfaction of the City of Hobart's Director City Planning. The Management Plan must include measures to minimise detrimental impacts on adjoining uses and the amenity of the locality. These measures must include, but are not limited to, the following requirements:

1.      The hours of operation of the New Decking Area being confined to 8:00am to 12:00 midnight, Monday ­ Saturday and 8:00am to 11:00pm, Sunday;

2.      The hours of operation of the Rear Garden Area being confined to 8:00am to 6:00pm, Monday ­ Sunday;

3.      That the operators of the Food Services use introduce measures to mimimise the likelihood of noise from the New Decking Area and Rear Garden Area creating a noise nuisance (as defined under the provisions of the Environmental Management and Pollution Control Act 1994) to adjoining properties. Those measures could include but are not limited to the installation of outdoor acoustic insulation. Prior to the commencement of the use of the New Decking Area and Rear Garden Area, the operators of the Food Services use must provide certification from a qualified Acoustic Engineer to the satisfaction of the City of Hobart's Director City Planning that such measures have been installed to mimimise the likelihood of noise from the New Decking Area and Rear Garden Area creating a noise nuisance (under the provisions of the Environmental Management and Pollution Control Act 1994) to adjoining properties. Once approved by the Director City Planning, the measures referred to in the certification must be maintained on the site for as long as the New Decking Area and Rear Garden Area are being used in association with the use of the site for Food Services;

4.      Details of how any amplified music will be located and/or managed within the New Decking Area and Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

5.      Details of how any open fires, including fire pots, will be located and/or managed within the New Decking Area and Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

 

 

 

6.      Details of how any lighting will be located and/or managed within the New Decking Area and Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

7.      Details of how the area between the rear boundary of the property and the new fence located approximately 3.0m in from the rear boundary of the property will be managed to minimise impacts upon adjoining uses and the amenity of the locality;

8.      The side gate between the Rear Garden Area and the Right of Way to Elizabeth Street being closed after 6:00pm every day, with access to the venue after 6:00pm only being via the front door onto Elizabeth Street unless patrons are accompanied by a staff member;

9.      The name/s and the phone number/s of the person/s responsible for the management of the operation of the Food Services use being provided, so that nearby residents have a 24 hour point of contact in relation to any complaints regarding the impact of the New Decking Area and Rear Garden Area upon adjoining uses and the amenity of the locality;

10.    The operators of the Food Services use actively managing the behaviour of patrons within the New Decking Area and Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

11.    That no parking will occur in the Rear Garden Area.

Once approved by the City of Hobart's Director City Planning, the Management Plan must be provided, at a minimum, to all owners/occupiers of all adjoining properties by the operators of the Food Services use.

Once approved, the Management Plan must be implemented prior to the commencement of the approved use of the New Decking Area and Rear Garden Area. The New Decking Area and Rear Garden Area mustbe operated in accordance with the approved Management Plan for as long as they are being used in association with the use of the site for Food Services.

Reason for condition

To minimise detrimental impacts to adjoining uses and the amenity of the locality.

 

 

ENG 5

No car parking is approved on­site under this permit.

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, pre­ existing 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.

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.

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway for construction (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

STORM WATER

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

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.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Briscoe

Deputy Lord Mayor Burnet

Dension

Harvey

Behrakis

 

 

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations fencing and partial change of use to food services at 315 Elizabeth Street North Hobart as the proposal is for a minor development to a non-conforming use and there is no detrimental impact on an adjoining use, there is no substantial intensification of the use of the land, 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 PLN­19­103 315 ELIZABETH STREET NORTH 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: 5858 dated 19 November 2019, as attached to the permit.

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: Venue, courtyard and deck areas:

8:00am to 12:00 midnight, Monday ­ Saturday 8:00am to 11:00pm, Sunday

Rear Garden Area

8:00am to 6:00pm, Monday ­ Sunday

Reason for condition

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

PLN s1

The proposed use of the Rear Garden Area (ie. the area to the rear and the western side of the New Decking Area) is approved for one (1) year from the date of the approval by the City of Hobart’s Director City Planning of the management plan required by condition PLN s2 of this planning permit. Following that date, use of the Rear Garden Area in association with the Food Services use of the site must cease unless prior, separate planning approval has been granted allowing that use to continue.

Reason for condition

To clarify the scope of the permit

 

PLN s2

Prior to the commencement of the approved use of the New Decking Area and Rear Garden Area, a Management Plan for the operation of the New Decking Area and Rear Garden Area must be submitted and approved, to the satisfaction of the City of Hobart's Director City Planning. The Management Plan must include measures to minimise detrimental impacts on adjoining uses and the amenity of the locality. These measures must include, but are not limited to, the following requirements:

1.      The hours of operation of the New Decking Area being confined to 8:00am to 12:00 midnight, Monday ­ Saturday and 8:00am to 11:00pm, Sunday;

2.      The hours of operation of the Rear Garden Area being confined to 8:00am to 6:00pm, Monday ­ Sunday;

 

 

3.      That the operators of the Food Services use introduce measures to mimimise the likelihood of noise from the New Decking Area and Rear Garden Area creating a noise nuisance (as defined under the provisions of the Environmental Management and Pollution Control Act 1994) to adjoining properties. Those measures could include but are not limited to the installation of outdoor acoustic insulation. Prior to the commencement of the use of the New Decking Area and Rear Garden Area, the operators of the Food Services use must provide certification from a qualified Acoustic Engineer to the satisfaction of the City of Hobart's Director City Planning that such measures have been installed to mimimise the likelihood of noise from the New Decking Area and Rear Garden Area creating a noise nuisance (under the provisions of the Environmental Management and Pollution Control Act 1994) to adjoining properties. Once approved by the Director City Planning, the measures referred to in the certification must be maintained on the site for as long as the New Decking Area and Rear Garden Area are being used in association with the use of the site for Food Services;

4.      Details of how any amplified music will be located and/or managed within the New Decking Area and Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

5.      Details of how any open fires, including fire pots, will be located and/or managed within the New Decking Area and Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

6.      Details of how any lighting will be located and/or managed within the New Decking Area and Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

7.      Details of how the area between the rear boundary of the property and the new fence located approximately 3.0m in from the rear boundary of the property will be managed to minimise impacts upon adjoining uses and the amenity of the locality;

8.      The side gate between the Rear Garden Area and the Right of Way to Elizabeth Street being closed after 6:00pm every day, with access to the venue after 6:00pm only being via the front door onto Elizabeth Street unless patrons are accompanied by a staff member;

 

 

 

 

9.      The name/s and the phone number/s of the person/s responsible for the management of the operation of the Food Services use being provided, so that nearby residents have a 24 hour point of contact in relation to any complaints regarding the impact of the New Decking Area and Rear Garden Area upon adjoining uses and the amenity of the locality;

10.    The operators of the Food Services use actively managing the behaviour of patrons within the New Decking Area and Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

11.    That no parking will occur in the Rear Garden Area.

Once approved by the City of Hobart's Director City Planning, the Management Plan must be provided, at a minimum, to all owners/occupiers of all adjoining properties by the operators of the Food Services use.

Once approved, the Management Plan must be implemented prior to the commencement of the approved use of the New Decking Area and Rear Garden Area. The New Decking Area and Rear Garden Area mustbe operated in accordance with the approved Management Plan for as long as they are being used in association with the use of the site for Food Services.

Reason for condition

To minimise detrimental impacts to adjoining uses and the amenity of the locality.

 

ENG 5

No car parking is approved on­site under this permit.

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, pre­ existing 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.

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.

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway for construction (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

STORM WATER

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

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.

 

 

Delegation:     Council

 

 

 

 

 

 

 

There being no further business the meeting closed at 4.42pm.

 

 

 

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
9th DAY OF DECEMBER 2019.

CHAIRMAN