Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 4

20/1/2020

City Planning Committee Meeting (Open Portion) held Monday, 20 January 2020 at 5:00 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Deputy Lord Mayor Burnet (Chairman)

Briscoe

Harvey

Behrakis

NON-MEMBERS

Lord Mayor Reynolds

Zucco

Sexton

Thomas

Dutta

Ewin

Sherlock

Apologies:

Leave of Absence: Nil.

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, 9 December 2019 and the Special City Planning Committee meeting held on Monday, 16 December 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.

Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 8

20/1/2020

7.1 Applications under the Sullivans Cove Planning Scheme 1997

7.1.1 24 Salamanca Square, Battery Point and Adjacent Road Reserve - Signage

PLN-19-780 - FILE REF: F20/4744

Address: 24 Salamanca Square, Battery Point and Adjacent Road Reserve

Proposal: Signage

Expiry Date: 23 February 2020

Extension of Time: Not applicable

Author: Richard Bacon

REcommendation

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for signage at 24 Salamanca Square Battery Point Tas 7004 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 PLN19780 24 SALAMANCA SQUARE BATTERY POINT TAS 7004 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

HER 3

The strings of light bulbs hanging within the covered roof structure as shown in the 3D renderings within the submitted planning application are not approved as part of this permit.

Reason for condition

To clarify the scope of the permit and to ensure signage meets the standards of clause 25.11 which states that 'Strings of light bulbs are prohibited.' (p.137 clause 25.11 of the Sullivans Cove Planning Scheme 1997).

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.

OCCUPATION OF THE PUBLIC HIGHWAY

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

You may require an occupational licence for use of Hobart City Council highway reservation (e.g. outdoor seating, etc). Click here for more information.

Attachment a: PLN-19-780 - 24 SALAMANCA SQUARE BATTERY POINT TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-780 - 24 SALAMANCA SQUARE BATTERY POINT TAS 7004 - CPC Agenda Documents ⇩

Attachment c: PLN-19-780 - 24 SALAMANCA SQUARE BATTERY POINT TAS 7004 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 58

20/1/2020

7.2 Applications under the Hobart Interim Planning Scheme 2015

7.2.1 95 Hampden Road, Battery Point - Intensification of Previously Approved Use (Food Services), Partial Demolition, Alterations and Signage

PLN-19-794 - FILE REF: F20/4930

Address: 95 Hampden Road, Battery Point

Proposal: Intensification of Previously Approved Use (Food Services), Partial Demolition, Alterations and Signage

Expiry Date: 29 January 2020

Extension of Time: Not applicable

Author: Liz Wilson

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for intensification of previously approved use (food services), partial demolition, alterations and signage at 95 Hampden Road, Battery Point, for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN19794 95 HAMPDEN ROAD BATTERY POINT TAS 7004 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2019/01660HCC dated 18 November 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: 6088 dated 20 December 2019 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 14

The noise generated by the use, including from music played inside, must not cause environmental harm when measured at the boundary of the subject site. This planning permit does not approve the playing of any music externally from the building.

Reason for the condition

To ensure noise emissions do not cause environmental harm and do not have an unreasonable impact on residential amenity.

PLN 6

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

· Sunday to Thursday 7.00am to 9.00pm

· Friday and Saturday 7.00am to 10.00pm

Reason for condition

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

PLN 7

There is no outdoor dining approved under this planning permit.

Reason for condition

To reduce the likelihood of any unreasonable impact upon the amenity of the adjacent residential property through noise emissions, and to ensure compliance with the nonresidential use standards in the Hobart Interim Planning Scheme 2015.

PLN s1

The food services use must not have more than 12 seats for customers.

Reason for condition

To clarify the scope of the permit

PLN s2

The removal of hard waste (e.g. glasses and cans) to the garbage bins located outside the building is prohibited before 7.00am and after 8.00pm Monday to Friday and before 9.00am and after 8.00pm on weekends and public holidays.

Reason for condition

To avoid unreasonable impact on surrounding residential amenity through noise emissions that are unreasonable in their timing, duration or extent.

HER s2

The Bahr’s shop sign on the front façade is to be retained in situ, conserved and repaired as necessary during works and subsequent uses.

Reason for condition

To ensure that demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage significance.

ADVICE

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

SPECIAL CONNECTION PERMIT

You may need a Special Connection Permit (Trade Waste) in accordance with the Plumbing Regulations 2014 and the Tasmanian Plumbing Code. Click here for more information.

PUBLIC HEALTH

You may be required to provide approved/endorsed plans for a food business fit out, in accordance with the National Construction Code Building Code of Australia including Tas Part H102 for food premises which must have regard to the FSANZ Food Safety Standards. Click here for more information.

FOOD BUSINESS REGISTRATION

Food business registration in accordance with the Food Act 2003. 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.

NOISE REGULATIONS

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

Attachment a: PLN-19-794 - 95 HAMPDEN ROAD BATTERY POINT TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-794 - 95 HAMPDEN ROAD BATTERY POINT TAS 7004 - CPC Agenda Documents ⇩

Attachment c: PLN-19-794 - 95 HAMPDEN ROAD BATTERY POINT TAS 7004 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting - 20/1/2020

Page 87

ATTACHMENT a

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Item No. 7.2.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 115

20/1/2020

7.2.2 11 Cascade Road, South Hobart - Change of Use to Visitor Accommodation

PLN-19-733 - FILE REF: F20/4877

Address: 11 Cascade Road, South Hobart

Proposal: Change of Use to Visitor Accommodation

Expiry Date: 4 February 2020

Extension of Time: Not applicable

Author: Michelle Foale

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for change of use for visitor accommodation at 11 Cascade Road, South Hobart for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use must be substantially in accordance with the documents and drawings that comprise PLN19733 11 CASCADE ROAD SOUTH HOBART TAS 7004 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 Council's Director City Planning. The management plan must include measures to limit, manage and mitigate unreasonable impacts upon the amenity of long term residents in the adjacent dwellings and vicinity. 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 specify the maximum permitted occupancy of the visitor accommodation as four (4) people.

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

4. To provide guests with detailed instructions about accessing the on site parking including the dimensions of the space (height, width, length) and that the guests are required to know beforehand if their vehicle, including items on a roof rack, will fit entirely within the space with the door closed.

5. To provide a map showing off site parking options for use only when the guest's vehicle will not fit in the on site parking space.

6. To specify no pets on site.

7. No fires are to be lit in the fire places or internal wood heaters.

8. No smoking on the site.

The operator must also provide details about waste management and cleaning of the premises.

Once approved, the management plan must be implemented prior to the commencement of the approved use and must be maintained for as long as the visitor accommodation is in operation.

Reason for condition

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

ADVICE

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

STRATA AMENDMENT

You are advised to amend the strata plan pursuant to the provisions of the Strata Titles Act 1998 to reflect the buildings on the site, and to show all floor areas. Click here for more information.

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.

Visitor accommodation is also considered to be a commercial use and also not eligible to residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed change of use to visitor accommodation would not entitle the property to a residential parking permit, or a transferable “bed and breakfast” parking permit.

Attachment a: PLN-19-733 - 11 CASCADE ROAD SOUTH HOBART TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-733 - 11 CASCADE ROAD SOUTH HOBART TAS 7004 - CPC Agenda Documents ⇩

Item No. 7.2.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 152

20/1/2020

7.2.3 The Springs, Mount Wellington - New Building and Change from Temporary Food Services Use and Development to Permanent Food Services Use and Development

PLN-19-856 - FILE REF: F20/5025

Address: The Springs, Mount Wellington

Proposal: New Building and Change from Temporary Food Services Use and Development to Permanent Food Services Use and Development

Expiry Date: 31 January 2020

Extension of Time: Not applicable

Author: Liz Wilson

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for new building and change from temporary food services use and development to permanent food services use and development at The Springs, Mount Wellington 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 PLN19856 THE SPRINGS MOUNT WELLINGTON TAS 7054 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s1

The double swing doors at the end of the existing shipping container must remain closed at all times.

Reason for condition

To avoid damage to the bollards within the Council's road reserve.

ENV 14

Only locallyoccurring native species may be used for the planter boxes unless the written consent of the planning authority is received.

Reason for condition

To minimise the spread of weeds.

ENV 15

All construction vehicles and machinery must be effectively cleaned of soil both before entering Wellington Park.

Soil cleaned from construction vehicles and machinery must not be allowed, either directly or indirectly, to enter waterways or the Council’s stormwater system.

Note: Further information on effective measures for washdown can be found here.

Reason for condition

To minimise the spread of weeds and pathogens

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.

OPS s1

There must be no damage to roots within the Structural Root Zone of the yellow gums (Eucalyptus johnstonii) to be retained, as it could lead to public safety issues. If any roots over 40 mm in diameter within the Tree Protection Zone are encountered during excavation work, work must stop immediately. Work must not recommence until a standover arborist is present. The arborist must advise on how the works can proceed without having a significant impact upon any Root Zones of retained trees. If a significant impact is likely, works must not proceed without further approval from the Program Leader Arboriculture and Nursery at the City of Hobart.

No excavation is to occur beyond the proposed footprint of the new container. Excavation within the footprint of the new container is to be the minimum necessary to level the container. Backfilling with fine crushed rock between the sleepers is required.

The Protection of Trees on Development Sites Australian Standard AS 49702009 is to be followed during works.

Reason for condition

Protection of public safety and natural values within Wellington Park.

ADVICE

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

PUBLIC HEALTH

FOOD BUSINESS REGISTRATION

Food business registration in accordance with the Food Act 2003. Click here for more information.

Attachment a: PLN-19-856 - NONE THE SPRINGS MOUNT WELLINGTON TAS 7054 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-856 - NONE THE SPRINGS MOUNT WELLINGTON TAS 7054 - CPC Agenda Documents ⇩

Attachment c: PLN-19-856 - NONE THE SPRINGS MOUNT WELLINGTON TAS 7054 - Planning Referral Officer Environmental Development Planner Report ⇩

Item No. 7.2.3

Agenda (Open Portion)

City Planning Committee Meeting - 20/1/2020

Page 207

ATTACHMENT b

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Agenda (Open Portion)

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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.

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