REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and new building for general retail and hire, bulky goods sales and 68 multiple dwellings at 179 ­ 191 Murray Street and 62 Patrick Street, Hobart and the adjacent road reservation 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 PLN­19­486 ­ 179­191 MURRAY STREET HOBART TAS 7000 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2019/01398­HCC dated 07/10/2019 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 15a

A demolition waste management plan must be implemented throughout demolition. The demolition waste management plan must include provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

Advice:

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 can also be found on the Council’s website.

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards

PLN 2

Planter boxes with an internal dimension of 0.5m, must be provided on the first floor of the building at all junctions between terraces and roofs of the level below. These planter boxes must not reduce the dimension of the terraces, and must encroach over the roof area. Lesser internal dimensions for these planter boxes may be entertained, but must be accompanied by justification from a suitably qualified horticultural expert as to how the proposed depth is capable of sustaining suitable planting, to the satisfaction of the Council.

Additional planter boxes to a maximum depth of 0.3m may be installed to the outer edge of all remaining terraces as desired, but are not required.

Landscaping must be installed in the first floor planter boxes prior to first occupation of the dwellings, and maintained for the life of the use of the building.

Prior to the completion of the building, an automated watering system must be installed for all planter boxes and maintained for the life of the use of the building.

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

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

Reason for condition

To ensure that the scale of the building is compatible with nearby buildings.

PLN 4

A landscaping plan detailing the proposed planting for the planter boxes on the first floor of the building must be submitted and approved by the Council’s Director City Planning prior to the commencement of works (other than demolition and site preparation).

The Landscaping Plan must include:

1.     Details of the proposed species, including height and canopy spread for all proposed plants.

2.     Details of the proposed treatment of the soil in the planter beds to ensure their capacity to sustain the proposed plantings.

All landscaping must be planted and installed in accordance with the approved Landscaping Plan to the satisfaction of the Council's Director City Planning prior to commencement of use.

Advice: For further information regarding satisfaction of this condition, please liaise with the Council's Program Leader Arboriculture and Nursery by phoning 6238 2807.

Reason for condition

To ensure that the scale of the building is compatible with nearby buildings, and that the plantings proposed are appropriate to assist with this.

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).

Reason for condition

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

ENG sw2.1

A pre­construction CCTV recording of the Council’s stormwater main within/adjacent to the proposed development, along with photos of any drainage structures to be connected to or built over, must be submitted to Council prior to the commencement of work or issue of any consent under the Building Act 2016 (whichever occurs first).

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

Reason for condition

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

ENG sw2.2

A post­construction CCTV recording of the Council’s stormwater main within/adjacent to the proposed development, along with photos of any existing drainage structures connected to or built over as part of the development, must be submitted to Council prior to issue of any Completion or first occupancy (whichever occurs first).

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

Reason for condition

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

ENG sw3

The proposed multi­storey apartment including foundations and overhangs must be designed to ensure the protection and access to the Council’s stormwater main and flood path.

A detailed design must be submitted and approved prior to any approval under the Building Act 2016. The detailed design must:

1.     Be prepared and certified by a suitably qualified engineer.

2.     Demonstrate how the design will provide adequate access to the main, impose no additional loads onto the main, that the structure will be fully independent of the main and its trenching, and resist all flood­related forces.

3.     Confirm both the temporary and permanent basement walls / propping provide adequate lateral support for the stormwater infrastructure.

4.     Include cross­sections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works (including footings), and stating the final minimum setbacks from the works to the nearest external surface of the main. Clearly state how the minimum setbacks have been calculated.

Prior to issue of Occupancy, a suitably qualified engineer must confirm the installation of the works within two metres of Council’s stormwater is in accordance with the approved drawings and complies with this condition. Should any remediation works be required, these must be carried out at the developer’s cost.

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

Advice:

Setbacks less than those shown in the Gandy and Roberts structural drawings Rev3 will not be accepted.

The applicant is required to submit detailed design documentation to satisfy this condition via the Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

Failure to address condition requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure the protection of the Council’s hydraulic infrastructure.

ENG sw5

Construction of the works must not adversely impact the Council stormwater infrastructure (ie the overland low path and twin DN1050 piped watercourse)

A Construction Management Infrastructure Protection Report and plans must be submitted and approved prior to commencement of works or issue of any consent under the Building Act 2016 (whichever occurs first). The report and plans must:

1.     Be prepared and certified by a suitably qualified and experienced engineer.

2.     Detail the proposed construction methodology and identify all potential risks to the infrastructure during construction including but not limited to construction loading, traffic loading, excavation works, footing construction, vibrations, undermining, flood, pipe trench collapse, and environmental harm.

3.     Provide treatment measures to eliminate or otherwise mitigate to as low as reasonably practicable all identified risks.

4.     Include a monitoring regime.

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

Advice:

The applicant is required submit detailed design documentation to satisfy this condition via the Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure the protection of the Council’s hydraulic infrastructure.

ENG sw7

Stormwater pre­treatment for stormwater discharges from the development must be installed prior to commencement of use.

Prior to any approval under the Building Act 2016, the stormwater pre­

treatment report and design must:

1.     Be prepared by a suitably qualified engineer.

2.     Include detailed design of the proposed treatment train, including final estimations of contaminant removal to achieve the stormwater quality targets in accordance with the State Stormwater Strategy 2010. Treatment for carpark runoff must target fine sediments and hydrocarbons.

3.     Include a Stormwater Management Summary Plan that outlines the obligations for future property owners to stormwater management, including a maintenance plan which outlines the operational and maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

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

Advice:

·        Once the plan has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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

Reason for condition

To avoid the possible pollution of drainage systems and natural watercourses, and to comply with relevant State legislation.

ENG tr2

A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).

The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved, prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first). The construction traffic and parking management plan must include but not limited to, the following information;

1.     Be prepared by a suitably qualified person;

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

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

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

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

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

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

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

Reason for condition

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

ENG 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 2c

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

Advice:

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

Reason for condition

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

ENG 3a

The access driveway, circulation roadways, ramps 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, 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, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the HBV Architects documentation received by the Council on the 23rd September 2019 and the Midson Traffic Pty. Ltd. documentation received by the Council on the 7th August 2019, 23rd September 2019, 22nd November 2019 and 12th December 2019.

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 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 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 (concrete 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 and sediment transport.

ENG 5

The number of car parking spaces approved on the site, for use is one hundred and twenty six (126). Of these:

1.     One (1) parking space must be designated for people with disabilities (in accordance with AS2890.6:2009).

2.     A minimum of one (1) car parking space must be allocated to each dwelling.

3.     The use of each pair of the twenty six (26) tandem/jockey car parking space is restricted to serve the same 2, 3 or 4 bedroom dwelling and must not be designated for visitor or disabled parking.

4.     The thirteen (13) car parking spaces on the ground level must be allocated to the commercial tenancy and not be made available for the residential occupants of the building.

5.     The remaining car parking spaces must be allocated to the residential occupation / use of the building.

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004 and AS/NZS 2890.6: 2009, prior to first occupation.

A sign, approved by Council, and in accordance with Australian Standards AS/NZS1742.11:2016, must be erected at the entry of the basement parking access to indicate the parking area is a private car park for residents only, prior to first occupation.

Reason for condition

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

ENG 6

The 44m2 bicycle parking area (upper basement car parking level) compliant with the Australian Standards AS/NZS 2890.3:2015 and must be constructed on the site in accordance with the Midson Traffic Pty. Ltd. documentation received by the Council on the 7th August 2019 prior to the commencement of the use.

Reason for condition

To ensure safe and efficient parking adequate to provide for the use.

ENG 8

Any small car parking spaces (< 5.4m but no less than 5.0m in length) must be designated as a space for small cars.

A sign, approved by Council, and in accordance with Australian Standards AS/NZS1742.11:2016, must be erected at each parking space to indicate the parking space is for a small car only prior to first occupation.

Reason for condition

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

ENG 9

All car parking spaces for people with disabilities must be delineated to Australian/NZS Standard, Parking facilities Part 6: Off­street parking for people with disabilities AS/NZS 2890.6: 2009, prior to the commencement of the use.

Reason for condition

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

ENG 1

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

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

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

This must be done within 30 days of the completion of the development or any demand from Council (whichever occurs first). Any damage must be reported immediately to 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.

ENG r1

The excavation and/or earth­retaining structures (ie cuttings, retaining walls) and/or footings within or supporting the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings, structural certificates and associated geotechnical assessments of the walls/footing supporting the highway reservation must be submitted and approved, prior to the commencement of work and must:

1.     Be prepared and certified by a suitable qualified person and experienced engineer.

2.     Not undermine the stability of the highway reservation.

3.     Be designed in accordance with AS4678, with a design life in accordance with table 3.1 typical application major public infrastructure works.

4.     Take into account any additional surcharge loadings as required by relevant Australian Standards.

5.     Take into account and reference accordingly any Geotechnical findings.

6.     Detail any mitigation measures required.

7.     Detail the design and location of the footing adjacent to the highway reservation.

All work required by this condition must be undertaken in accordance with the approved select design drawing and structural certificates.

Advice:

The applicant is required submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure that the stability and integrity of the Council’s highway reservation is not compromised by the development.

ENGR 3

Prior to the commencement of use, the proposed driveway crossover Patrick Street highway reservation must be designed and constructed in accordance with:

·        Commercial Urban­ TSD­R09­v1 – Urban Roads Driveways and TSD R16­v1 Type KCR & B1 or Type KCRB & B1.

·        Footpath ­ Urban Roads Footpaths TSD­R11­v1.

Design drawings must be submitted and approved prior to the commencement of work. The design drawing must:

1.     Show the cross and long section of the driveway crossover within the highway reservation and onto the property.

2.     Detail any services or infrastructure (ie light poles, pits, awnings) at or near the proposed driveway crossover.

3.     Be designed for the expected vehicle loadings. A structural certificate to note that driveway is suitable for heavy vehicle loadings.

4.     If the design deviates from the requirements of the TSD then the drawings must demonstrate that a B85 vehicle or B99 depending on use (AS/NZS 2890.1 2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the car's underside.

5.     Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004.

6.     Be prepared and certified by a suitable qualified person, to satisfy the above requirement.

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

Advice:

The applicant is required submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Road Services Engineer and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.

Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure that works will comply with the Council’s standard requirements.

ENG s2

All garbage collection associated with the development must occur wholly within the site, therefore, on­street garbage collection by private contractors within the Council's Patrick Street Highway Reservation is prohibited.

Reason for condition

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

ENG s3

A turning bay is to be created adjacent to car parking space "09" located on the ground floor ensuring provision is made for a vehicle to turn around and drive out in forward direction should all parking spaces be occupied.

The turning bay must be delineated by means of white or yellow pavement lines (including chevron markings) and suitable "NO STANDING ANYTIME TIME" signage.

Reason for condition

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

ENG s4

Flood risk to the entire development, including the basement levels, must be adequately managed. All habitable floors must be at least 300mm above the 1% AEP as at 2100 flood level.

Design drawings prepared and certified by a suitably qualified engineer must be submitted and approved prior to the issuing of any consent under the Building Act 2016.

These must either:

1.     confirm the building design will not allow flood water to enter the building; or

2.     detail appropriate risk mitigation measures for the floor levels below the 1% AEP flood extent, and any required maintenance actions.

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

Reason for condition

To ensure risk to the building and users of the site is adequately mitigated

ENV 2

Sediment and erosion control measures, sufficient to prevent sediment or contaminated water leaving the site and in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

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

Advice: Once the SWMP 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 avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

ENVHE 1

Recommendations in the report "Draft Environmental Site Assessment 62­64 Patrick Street Hobart" by GES, dated July2019 must be implemented for the duration of excavation works.

Reason for condition

To ensure that the risk to future occupants of the building remain low and acceptable.

OPS s1

The single fastigate hornbeam (Carpinus betulus 'Fastigata') identified for removal in Patrick Street is to be removed at the developer's cost, prior to the commencement of other works.