AGENDA
OPEN PORTION OF THE Council Meeting

Tuesday, 11 February 2020

AT 5:00 pm

 


 


 

Agenda (Open Portion)

Council Meeting

Page 3

 

11/2/2020

 

 

ORDER OF BUSINESS

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Confirmation of Minutes. 4

2.        Transfer of Agenda Items. 4

3.        Communication from the Chairman. 4

4.        Notification of Council WorKshops. 5

5.        Public Question Time. 5

6.        Petitions. 5

7.        Consideration of Supplementary Items. 5

8.        Indications of Pecuniary and Conflicts Of Interest. 5

Reports of Committee. 6

City Planning Committee

9.        Council Acting as Planning Authority. 6

9.1     23 Marieville Esplanade, Sandy Bay - Partial Demolition, Extension and Alterations. 6

9.2     71 Nelson Road, Sandy Bay - Partial Demolition and New Fencing. 8

9.3     110 Regent Street, Sandy Bay - Partial Demolition, Extension, Alterations, Fencing and Two Multiple Dwellings (One Existing, One New) 10

9.4     235-237 Collins Street, Hobart and Adjacent Road Reserve - Partial Demolition, Alterations and Partial Change of Use to Single Dwelling. 20

Special ReportS – General Manager

10.     Code of Conduct Determination Report 27

11.     Committee Vacancies   Resignation of Alderman Denison. 43

12.     Alderman Zucco - Service Recognition Function. 46

13.     Closed Portion Of The Meeting.. 49

 


 

Agenda (Open Portion)

Council Meeting

Page 5

 

11/2/2020

 

 

A meeting of the Open Portion of the Council will be held in the Council Chamber, Town Hall on Tuesday, 11 February 2020 at 5:00 pm.

 

N D Heath

General Manager

ELECTED MEMBERS:

Lord Mayor A M Reynolds

Deputy Lord Mayor H Burnet

Alderman M Zucco

Alderman J R Briscoe

Alderman Dr P T Sexton

Alderman D C Thomas

Councillor W F Harvey

Alderman S Behrakis

Councillor M S C Dutta

Councillor H A Ewin

Councillor Z E Sherlock

Councillor W N S Coats

APOLOGIES:

 

 

LEAVE OF ABSENCE:

Councillor W N S Coats.

 

1.       Confirmation of Minutes

 

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Tuesday, 28 January 2020, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

 

 

 

2.       Transfer of Agenda Items

 

Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015?

 

 

3.       Communication from the Chairman

 

 

4.       Notification of Council WorKshops

 

In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the General Manager reports that the following workshop has been conducted since the last ordinary meeting of the Council.

 

Date:              4 February 2020

Purpose:        Elected Members Forum

 

 

5.       Public Question Time

 

 

 

6.       Petitions

 

 

 

 

 

7.       Consideration of Supplementary Items

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

RECOMMENDATION

 

That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.

 

 

 

 

8.       Indications of Pecuniary and Conflicts Of Interest

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

 

Elected Members 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 Council has resolved to deal with.


 

Agenda (Open Portion)

Council Meeting

Page 26

 

11/02/2020

 

 

Reports of Committee

 

City Planning Committee

 

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

 

The Council 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.

 

9.1      23 Marieville Esplanade, Sandy Bay - Partial Demolition, Extension and Alterations

            PLN-19-889 - File Ref: F20/9741

Ref:    Open CPC 7.1.1, 3/02/2020

Application Expiry Date: 19 February 2020

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a partial demolition, extension and alterations at 23 Marieville Esplanade Sandy Bay Tas 7005 for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 3 February 2020 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 PLN­19­889 ­ 23 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 ­ Final Planning Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

 

ENV 1

 

An approved Construction Environmental Management Plan must be implemented.

 

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

 

 

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

·          identify all potential environmental impacts associated with the works, particularly the risk of water pollution; and

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

 

 

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

 

 

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.

 

 

PART 5 AGREEMENT

 

 

Please note that the development site is located within a Coastal Inundation Medium Hazard Area under the Inundation Prone Areas Code of the Hobart Interim Planning Scheme 2015 and may be subject to coastal inundation over its lifetime. It is recommended that consideration be given to this possibility in the detailed design of the development and that flood­resistant design be considered.

 

 

 

9.2      71 Nelson Road, Sandy Bay - Partial Demolition and New Fencing

            PLN-19-851 - File Ref: F20/10037

Ref:    Open CPC 7.1.3, 3/02/2020

Application Expiry Date: 28 February 2020

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition and new fencing at 7Nelson Road Sandy Bay Tas 7005 for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 3 February 2020 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 PLN­19­851 71 NELSON ROAD SANDY BAY TAS 7005 ­ Final Planning Documents except where modified below.

Reason for condition

 

 

To clarify the scope of the permit.

 

 

ENG s1

 

 

The proposed sliding gate must open to the full width of the driveway access carriageway.

 

 

Reason for condition

 

 

To ensure safe and efficient access for all users, including drivers, passengers, pedestrians and cyclists.

 

 

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.

 

 

OCCUPATION OF THE PUBLIC HIGHWAY

 

 

You may require a licence to Occupy and/or Carry Out Works in the Hobart City Council highway reservation. Click here for more information.

 

 

 

 

 

 

 

PLANNING

 

During construction care should be taken to protect the structural root zone of the tree to the south of the access. Careful consideration of the placement of footings must be taken to avoid damage to the root system when installing the fence and electric gate.

 

 

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

 

 

The applicant is alerted that significant TasNetwork infrastructure is located in the vicinity of the proposed fence. The applicant must complete Dial Before You Dig investigations prior to commencement of works. Click here for dial before you dig information.

 

 

Please note, typically, easement width for underground cables can vary between 4­6 metres in total. Any encroachments into these easement widths would need to be considered on a case by case basis. Any changes required to existing assets/connections or any new electricity connections should be made via TasNetworks Connections Portal.

 

 

 

 

 

 

 

 

 

9.3      110 Regent Street, Sandy Bay - Partial Demolition, Extension, Alterations, Fencing and Two Multiple Dwellings (One Existing, One New)

            PLN-19-628 - File Ref: F20/10185

Ref:    Open CPC 7.1.4, 3/02/2020

Application Expiry Date: 12 February 2020

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, extension, alterations, fencing and two multiple dwellings (one existing, one new) at 110 Regent Street, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.1.4 of the Open City Planning Committee agenda of 3 February 2020 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 PLN­19­628 ­ 110 REGENT STREET SANDY BAY TAS 7005 ­ Final 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 TWDA 2019/01471­HCC dated 10/10/2019 as attached to the permit.

 

 

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).

 

 

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 sw4

 

 

Any new stormwater connection must be constructed and 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 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 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.

 

Advice:

 

It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

 

Reason for condition

 

 

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

 

 

ENG 3c

 

 

The access driveway, and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the planning permit.

 

 

Prior to the first occupation, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above must be lodged with Council.

 

 

Advice:

 

Certification may be submitted to 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 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) and surface drained to the Council's stormwater infrastructure prior to the first occupation.

 

 

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 to be provided on the site, for use is four (4). An additional on site parking space must be incorporated to achieve this total.

 

 

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

 

 

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 17a

 

 

The palette of exterior materials must reflect those principal exterior materials of the existing building on the site.

 

 

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved prior to the commencement of work. The plans must:

 

 

1.     Substitute the originally proposed use of perforated bronze panel cladding with an exterior cladding to satisfy 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 in a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

 

 

 

 

 

HER 17b

 

 

The use of the colour and material Colorbond 'Monument' on the roof of the original building, new extension and new dwelling is not approved. An alternative colour must be selected and used that is equivalent to the BCA classification for Colorbond in the light to medium solar absorptance range and that is more sympathetic to and better reflects the exterior colours within the local streetscape and precinct.

 

 

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved which shows an alternative roof cladding in accordance with the above requirements.

 

 

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

 

 

Advice:

 

The applicant is to note that the solar absorptance of the colour 'Monument' is 0.73 and classified as a 'dark' colour under the BCA. The following link outlines these figures and identifies colours that offer a better thermal efficiency and colours within the light to medium range.

 

www.steel.com.au/products/coated­steel/colorbond­steel/basix­and­bca­classification

 

Reason for condition

 

 

To ensure that development 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.

 

 

CONDITION ENDORSEMENT ENGINEERING

 

 

All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:

 

 

Value of Building Works Approved by Planning Permit Fee:

Up to $20,000: $150 per application.

Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.

 

 

These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.

 

 

Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.

 

 

Once confirmed, pleased call one of the City’s Customer Service Officers on 6238 2190 to make payment, quoting the reference number (ie. CEP number) of the Condition Endorsement you have lodged. Once payment is made, your engineering drawings will be assessed.

 

 

BUILDING PERMIT

 

 

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

 

 

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

 

 

 

 

 

PLUMBING PERMIT

 

 

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

 

 

OCCUPATION OF THE PUBLIC HIGHWAY

 

 

You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.

 

 

NEW SERVICE CONNECTION

 

 

Please contact the Hobart City Council's City Amenity Division to initiate the application process for your new stormwater connection.

 

 

STORMWATER

 

 

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.

 

 

WORK WITHIN THE HIGHWAY RESERVATION

 

 

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

 

 

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

 

 

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

 

ACCESS

 

Designed in accordance with LGAT­ IPWEA Tasmanian standard drawings. Click here for more information.

 

 

CROSS OVER CONSTRUCTION

 

The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.

 

 

WORK PLACE HEALTH AND SAFETY

 

 

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially­contaminated soil, water, dust and vapours. Click here for more information.

 

 

NOISE REGULATIONS

 

 

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

 

 

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.

 

 

 

9.4      235-237 Collins Street, Hobart and Adjacent Road Reserve - Partial Demolition, Alterations and Partial Change of Use to Single Dwelling

            PLN-18-896 - File Ref: F20/9255

Ref:    Open CPC 7.1.5, 3/02/2020

Application Expiry Date: 9 March 2020

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, and partial change of use to single dwelling at 235­237 Collins Street, Hobart for the reasons outlined in the officer’s report attached to item 7.1.5 of the Open City Planning Committee agenda of 3 February 2020 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 PLN­18­896 ­ 235­237 COLLINS STREET HOBART TAS 7000 ­ 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 3a

 

 

The access driveway and parking space 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.

 

 

 

Advice:

It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

 

 

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 access driveway and parking space design must be submitted and approved, prior to the commencement of work or issuing of any approval under the Building Act 2016 (whichever occurs first).

 

 

The access driveway and parking space design, prepared and certified by a suitably qualified engineer, must comprise either:

 

 

1.    The JMG plans No. J191140CH, Sheets C01­C04 ­ Rev P2 (dated 11/11/2019); or

2.    An alternative design with detailed analysis demonstrating B85 vehicle clearance, general compliance with the Tasmanian Standard Drawings and AS/NZS2890.1:2004; or

3.    Where the design deviates from AS/NZS2890.1:2004, certification by a suitably qualified and experienced engineer that the design will provide safe and efficient access, and enable safe, easy and efficient use; or

4.    Plans showing the on­site parking space to be removed along with the existing crossover, and reinstatement of the kerb & channel and public footpath.

 

Advice:

It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

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.

 

A permit to open up a highway will be required prior to commencement of work within the highway reservation

 

Reason for condition

 

 

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

 

 

ENG 3c

 

 

The access driveway and parking spaces must be constructed in accordance with the design drawings approved by Condition ENG 3b.

 

 

Prior to the commencement of use, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above drawings must be lodged with Council.

 

 

Advice:

Certification may be submitted to 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 and parking module, and compliance with the relevant Australian Standard.

 

 

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.

 

 

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.

WORK WITHIN THE HIGHWAY RESERVATION

 

 

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

 

 

CBD AND HIGH VOLUME FOOTPATH CLOSURES

 

 

Please note that the City of Hobart does not support the extended closure of public footpaths or roads to facilitate construction on adjacent land.

 

 

It is the developer's responsibility to ensure that the proposal as designed can be constructed without reliance on such extended closures.

 

 

In special cases, where it can be demonstrated that closure of footpaths in the CBD and/or other high volume footpaths can occur for extended periods without unreasonable impact on other businesses or the general public, such closures may only be approved by the full Council.

 

 

For more information about this requirement please contact the Council's Traffic Engineering Unit on 6238 2804.

 

 

REDUNDANT CROSSOVERS

 

 

Redundant crossovers are required to be reinstated under the Hobart City Council’s Infrastructure By law. Click here for more information.

 

 

ACCESS

 

 

Designed in accordance with LGAT­ IPWEA Tasmanian standard drawings. Click here for more information.

 

 

CROSS OVER CONSTRUCTION

 

 

The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.

 

 

STORM WATER / ROADS / ACCESS

 

 

Services to be designed and constructed in accordance with the (IPWEA) LGAT standard drawings. Click here for more information.

 

 

WORK PLACE HEALTH AND SAFETY

 

 

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially­contaminated soil, water, dust and vapours. Click here for more information.

 

 

PROTECTING THE ENVIRONMENT

 

In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click here for more information.

 

 

NOISE REGULATIONS

 

 

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

 

 

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.

 

 

  

     


Item No. 10

Agenda (Open Portion)

Council Meeting

Page 27

 

11/2/2020

 

 

Special ReportS – General Manager

 

10.      Code of Conduct Determination Report

            File Ref: F20/10761; 15/130-003

Memorandum of the General Manager of 5 February 2020 and attachment.

Delegation:                 Council


Item No. 10

Agenda (Open Portion)

Council Meeting

Page 28

 

11/2/2020

 

 

 

 

Memorandum: Council

 

Code of Conduct Determination Report

 

Pursuant to section 28ZK(2) of the Local Government Act 1993 I have been provided with a copy of a determination report from the Code of Conduct Panel in respect to a complaint lodged by Alderman Briscoe and former Alderman Denison against Councillor Ewin.

 

The Act requires that I table this at the first meeting of the Council which is practicable to do so and which is open to the public.  As such, a copy of the determination report is included as Attachment A to this report.

 

REcommendation

That the Council receive and note the Code of Conduct Determination Report shown as Attachment A to this report.

 

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.

 

N D Heath

General Manager

 

 

Date:                            5 February 2020

File Reference:          F20/10761; 15/130-003

 

 

Attachment a:             Code of Conduct Determination Report - 23 January 2020   


Item No. 10

Agenda (Open Portion)

Council Meeting - 11/2/2020

Page 34

ATTACHMENT a

 

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Item No. 11

Agenda (Open Portion)

Council Meeting

Page 43

 

11/2/2020

 

 

11.      Committee Vacancies
Resignation of Alderman Denison

            File Ref: F20/10948

Memorandum of the General Manager of 5 February 2020.

Delegation:                 Council


Item No. 11

Agenda (Open Portion)

Council Meeting

Page 45

 

11/2/2020

 

 

 

 

Memorandum: Council

 

Committee Vacancies
Resignation of Alderman Denison

 

The resignation of former Alderman Denison has created a vacancy on the following Council committees and internal / external groups:

 

Council Committees:

1.   City Infrastructure (Chair);

 

2.   City Planning; and

 

3.   Risk & Audit Panel

 

Internal / External Groups:

 

·    Battery Point Foreshore Accessway Working Group;

·    City of Hobart and UTAS Governance Forum (Proxy);

·    HCC Access Advisory Committee (Chair);

·    Superannuation Policy Group;

·    Tasmanian Water and Sewerage Corporation – Owner’s Representative; and

·    Wellington Park Management Trust - Deputy to Ald Thomas (expiry 31/12/2021).

 

Given that the election to fill the casual vacancy on the Council created by Ald Denison’s resignation has now been completed it is appropriate to consider filling these vacancies.  Nominations from the Council are therefore required.

 

Councillor Coats has indicated that given he has been elected on former Ald Denison’s preferences that he is happy and has expressed interest to fill the vacancies left on the City Planning and City Infrastructure Committees.

 

In respect to the Owner’s Representative for Tas Water, given that the General Manager generally attends these meetings in any event, it is open to the Council to appoint the General Manager as its Owner’s Representative if it so wished.

 

 

 

REcommendation

That nominations be sought to fill the following vacancies created by the resignation of former Alderman Denison:

1.      City Infrastructure Committee.

2.      Chairman City Infrastructure Committee.

3.      City Planning Committee.

4.      Any consequential appointments required following the determination of points 1 to 3.

5.      Risk and Audit Panel.

6.      Representatives on Internal / External Groups

 

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.

 

N D Heath

General Manager

 

 

Date:                            5 February 2020

File Reference:          F20/10948

 

 

 


Item No. 12

Agenda (Open Portion)

Council Meeting

Page 46

 

11/2/2020

 

 

12.      Alderman Zucco - Service Recognition Function

            File Ref: F20/14287

Memorandum of the Acting Director City Governance of 6 February 2020.

Delegation:                 Council


Item No. 12

Agenda (Open Portion)

Council Meeting

Page 48

 

11/2/2020

 

 

 

 

Memorandum: Council

 

Alderman Zucco - Service Recognition Function

 

The purpose of this report is to seek the Council’s endorsement of the proposed arrangements for a reception to celebrate Alderman Zucco’s service to the City of Hobart as the Council’s longest serving Alderman.

 

Alderman Zucco’s service was noted by the Council at its meeting held on 28 January 2019 when he was presented with a Certificate of Recognition noting his election as an Alderman of the City in 1992.

 

The Council has a policy celebrating the retirement of long-serving elected members at a hosted dinner function, however there is currently no provision which recognises significant service milestones of serving elected members.  The cost of this type of function is estimated at $3570.  Alderman Zucco has indicated a preference for a less formal 2 hour cocktail function in the Court Room, which is estimated to cost $3328.

 

Based on the significance of the occasion, and the existing policy which recognises service to the Council of “long-serving” elected members of just twelve years, it is appropriate to recognise Alderman Zucco’s milestone service as the longest serving elected member in the history of the Hobart City Council.

 

Alderman Zucco has indicated that upon approval of this function, he would seek to move the location of the reception to the Town Hall in order to extend the number of guests over and above the 80 person capacity of the Court Room. 

 

In accordance with the policy, elected members, their partners and the General Manager will be invited.

 

Costs associated with the change in venue and the attendance of guests over and above the 80 people which the Council would otherwise host, would be met by Alderman Zucco, and would involve Town Hall hire fees, together with the additional catering and invitation costs.

 

The General Manager would make the appropriate arrangements to facilitate the event, ensuring probity and transparency considerations.

 

 

 

 

REcommendation

That:

1.      In recognition of Alderman Zucco’s service milestone as the longest serving Elected Member in the history of the Hobart City Council, the Council approve a two hour cocktail function for 80 persons in the Court Room, at a cost of $3328, to be funded from the City Government Function within the 2019/20 Annual Plan.

2.      In the event of Alderman Zucco seeking to invite guests over and above the eighty people as approved by the Council, and thereby necessitating the relocation of the function to the Town Hall, all additional costs associated with doing so, such as hall hire fees, catering and invitation costs, including additional administration be funded personally by Alderman Zucco, subject to terms and conditions required by the General Manager to ensure the probity and transparency of arrangements.

3.      The General Manager be authorised to facilitate the arrangements, as outlined in clause 3.

4.      A policy be prepared for consideration by Council which acknowledges significant service occasions of Elected Members, which are not addressed within current policy provisions.

 

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.

 

Margaret Johns

Acting Director City Governance

 

 

Date:                            6 February 2020

File Reference:          F20/14287

 

 

        


 

Agenda (Open Portion)

Council Meeting

Page 49

 

11/2/2020

 

 

13.     Closed Portion Of The Meeting

 

RECOMMENDATION

 

That the Council resolve by absolute 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:  

 

·         Leave of absence

·         Information of a confidential nature

 

The following items are listed for discussion:-

 

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

Item No. 2          Communication from the Chairman

Item No. 3          Leave of Absence

Item No. 4          Consideration of supplementary Items to the agenda

Item No. 5          Indications of pecuniary and conflicts of interest  

Item No. 6          Dark Mofo 2020

LG(MP)R 15(2)(c)(i)