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City of hobart

MINUTES

Special City Planning Committee Meeting

 

Open Portion

 

Monday, 24 February 2020 at 3:45pm

 


 

Minutes (Open Portion)

Special City Planning Committee Meeting

Page 2

 

24/2/2020

 

 

 ORDER OF BUSINESS

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Indications of Pecuniary and Conflicts of Interest. 3

2.        Committee Acting as Planning Authority. 4

2.1     Applications under the Hobart Interim Planning Scheme 2015  4

2.1.1       199 Nelson Road, Mount Nelson - Dwelling. 4

 


 

Minutes (Open Portion)

Special City Planning Committee Meeting

Page 3

 

24/02/2020

 

 

Special City Planning Committee Meeting (Open Portion) held on Monday, 24 February 2020 at 3:45 pm in the Lady Osborne Room, Town Hall.

 

COMMITTEE MEMBERS

Deputy Lord Mayor Burnet (Chairman)

Briscoe

Harvey

Behrakis

Dutta

 

PRESENT: The Deputy Lord Mayor Councillor H Burnet, Alderman J R Briscoe, Councillor W F Harvey, Alderman S Behrakis and Councillor M Dutta

 

APOLOGIES: Nil.

 

LEAVE OF ABSENCE:

Councillor W Coats.

 

 

NON-MEMBERS

Lord Mayor Reynolds

Zucco

Sexton

Thomas

Ewin

Sherlock

Coats

 

 

 

1.       Indications of Pecuniary and Conflicts of Interest

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

 

Members of the Committee are requested to indicate where they may have any pecuniary or conflicts of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.

 

No interest was indicated.

 


 

Minutes (Open Portion)

Special City Planning Committee Meeting

Page 18

 

24/02/2020

 

 

2.     Committee Acting as Planning Authority

 

In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.

 

In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

 

The Committee is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.

 

2.1     Applications under the Hobart Interim Planning Scheme 2015

 

2.1.1   199 Nelson Road, Mount Nelson - Dwelling

            PLN-19-783 - File Ref: F20/19290

 

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 19 February 2020, be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

 

Briscoe

 

Harvey

 

Behrakis

 

Dutta

 

 

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a dwelling at 199 Nelson Road, Mount Nelson for the reasons outlined in the officer’s report attached the item 2.1.1 of the Special Open City Planning Committee agenda of 24 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 PLN­19­783 ­ 199 NELSON ROAD MOUNT NELSON TAS 7007 ­ 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.

 

 

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

 

 

Advice:

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

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

 

 

Reason for condition

 

 

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

 

 

ENG 2b

 

 

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

 

 

Advice:

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

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

 

 

Reason for condition

 

 

 

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

 

 

ENG 2c

 

 

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

 

 

 

 

 

 

Advice:

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

 

 

Reason for condition

 

 

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

 

 

ENG 3a

 

 

The access driveway, and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

 

 

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 module (parking spaces, aisles and manoeuvring area) design must be submitted and approved, prior to the, issuing of any approval under the Building Act 2016].

 

 

 

 

 

The access driveway, and parking module (parking spaces, aisles and manoeuvring area) design must:

 

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

2.     Be generally in accordance with the Australian Standard AS/NZS2890.1:2004,

3.     Where the design deviates from AS/NZS2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, and

4.     Show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement.

 

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.

 

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 design drawings approved by Condition ENG 3b.

 

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 (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 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 9

 

 

An approved Tree Retention Plan must be implemented.

 

 

Prior to the granting of any approval under the Building Act 2016 or the commencement of works (whichever occurs first), a Tree Retention Plan must be submitted and approved identifying trees to be retained and protected.

 

The plan must:

 

 

1.     Show the location of all trees on the lot with a diameter greater than 12cm at 1.4m above ground level;

2.     Show the associated tree protection zones and structural root zones as determined under Australian Standard AS 4970­2009;

3.     Be informed by an assessment by a suitably qualified person of the likely impact to trees where development/disturbance would occur within tree protection zones, but outside structural root zones;

4.     Be informed by the recommendations of a suitably qualified person about potential reasonably practicable and feasible measures that could be employed to retain healthy trees in the long term where development/disturbance would occur within tree protection zones but outside structural root zones;

5.     Be accompanied by the advice of the suitably qualified person;

6.     Show all areas of development and disturbance on the lot (including earthworks);

 

7.     Demonstrate that the maximum number of trees will be retained that is reasonably practicable and feasible, given the general design of the development and requirements of the bushfire hazard management plan;

8.     Include reasons for trees proposed to be removed; and

9.     Include tree identification and protection measures to be followed during site works to ensure the trees to be retained are not damaged or destroyed.

 

 

The final approved tree retention plan must be implemented and complied with.

 

 

Advice:

 

Once the tree retention 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 development does not result in unnecessary or unacceptable loss of priority biodiversity values

 

ENV 15

 

 

All construction vehicles and machinery must be effectively cleaned of soil both before entering and before leaving the property.

 

 

Soil cleaned from construction vehicles and machinery must not be allowed, either directly or indirectly, to enter waterways or the Council’s stomwater 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 2

 

 

Sediment and erosion control measures, 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.

 

 

An amended SWMP must be submitted and approved prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be based on drawing BA11 dated June 2019, and include the following amendments:

 

 

1.     The water diversion barrier referred to in the notes must be shown on the plan.

2.     A sediment barrier must be shown on the downslope side of the driveway.

3.     Stockpiles must be shown clear of the tree protection zones of trees to be retained on the approved tree retention plan.

4.     The location and design of sediment barriers must consider potential impacts to the root zones of trees to be retained on the approved tree retention plan.

5.     A diagram of the design of the sediment fence must be shown on the plan.

 

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.

 

 

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.

 

 

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.

 

 

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.

 

 

 

RIGHT OF WAY

 

 

 

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

 

 

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

 

 

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.

 

 

 

 

 

 

PART 5 AGREEMENT

 

 

Part 5 Agreement

 

 

Please note that the owner(s) of this property are subject to Part 5 Agreement C703750 that requires the owner(s) to:

·        refrain from planting any exotic invasive species on the land;

·        manage weeds on the lot;

·        implement a Council­approved landscaping plan;

·        take all due care during construction to ensure large boulders are prevented from rolling downslope;

 

if boulders, soil or or weathered dolerite are found at depths of >1.5m, ensure excavations are adequately retained by drained retaining structures.

 

 

Copies of the Part 5 Agreement are available from The LIST website (www.thelist.tas.gov.au) via the ‘Scanned Dealings section.

 

 

Bird Collision Risk

 

 

Vegetation supporting the endangered Swift Parrot is located on or near the site and a number of features of the existing and/or proposed development could present a significant risk of bird collisions. It is therefore strongly recommended that measures recommended for the upper level of the northern elevation specified on page 143 of the Natural Values Assessment be implemented to reduced the risk of Swift Parrot collisions in the final design of the building.

 

 

Dispersive Soils

 

 

To avoid damage to the development and to the environment associated with dispersive soils, it is recommended that appropriate measures be implemented to manage the risk. Further information regarding management of dispersive soils can be found in Dispersive Soils and Their Management: Technical Reference Manual (DPIW, 2008).

 

  

  

 

 

 

There being no further business the meeting closed at 3.47pm.

 

 

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
2nd DAY OF MARCH 2020.

CHAIRMAN