Minutes (Open Portion)

Council Meeting

Page 3

10/3/2020

Minutes (Open Portion)

Council Meeting

Page 45

10/03/2020

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 24 February 2020, and the Special Joint Meeting of All Council Committees meeting held on Monday, 24 February 2020, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Burnet

Ewin                                                           That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The Lord Mayor provided an update in relation to the current COVID-19 (Corona Virus) pandemic and the current advice received from the Tasmanian Department of Health as at 10 March 2020 in regards to travel restrictions, screening and the Council’s current objectives and responses in relation to the epidemic.

On 10 March 2020, the Lord Mayor hosted a Council reception for the North Melbourne Football Club as part of the 2020 AFL Community Camp.

The Lord Mayor accepted a signed North Melbourne Football Club Guernsey on behalf of the Council.

Mr Corr put the following questions and was provided with the corresponding response by the Lord Mayor.

Question 1:

How are buyers in the City of Hobart protected against the inappropriate use of cladding, the use of inferior building products and/or bad building work?

Question 2:

Are there any changes to the proposed statewide planning scheme that will protect buyers from these issues?

Question 3:

Are there any buildings in the City of Hobart with cladding issues and, if 'yes' are the owners aware of this?

Question 4:

If a dwelling with cladding issues is put on the market, are prospective buyers made aware of the issues?

Question 5:

How are buyers in the City of Hobart protected against the possibility, however small, of a corrupt building surveyor issuing a bad certificate of occupancy?

Question 6:

How do we know that the building codes are working here when it appears it hasn’t been working in other jurisdictions?

Response:

Question 1:

The Building Act 2016 requires building work to be performed in compliance with the National Construction Code – Building Code of Australia (BCA). Building products and cladding must meet the requirements of the BCA.

Under the Building Act 2016, a building surveyor is responsible for ensuring all aspects of a design and construction comply with the BCA and Building Act 2016 and is required to undertake sufficient and adequate inspections to be reasonably satisfied that building work complies with the BCA and Building Act 2016.

Question 2:

No there are no changes within the proposed statewide planning scheme to protect buyers from these issues.

Question 3:

The City of Hobart is not aware of any buildings with cladding issues in the municipal area.

The State Government undertook an audit into aluminium composite panel in 2017 and released results in 2018. The audit concluded that 42 of the 43 building where aluminium composite panel is in use can be classified as low risk. One building, Launceston General Hospital, was assessed as high risk and required rectification works.

Question 4:

The City of Hobart is not aware of any dwellings with cladding issues in municipal area.

Question 5:

Building surveyors are licensed building service providers under the Occupational Licensing Act 2005. The Act gives Administrator of Occupational Licensing powers to review the performance of licence holders.  Building Surveyors are also required to comply with the Occupational Licensing (Building Surveyors) Code of Practice 2018.

Question 6:

Building laws and regulations are state based and it is not appropriate to make comparisons to apparent failures in other jurisdictions without also considering if there are similarities between the legislative regimes and the licensing requirements and the processes put in place for oversight of practitioners.  Therefore caution should be exercised against any comparison and direct such a question to the State Government’s Director of Building Control.

5.2      Ms Isla MacGregor of Women Speak Tasmania - Councillor Ewin's Public Apology

Ms MacGregor of Women Speak Tasmania put a question in relation to Councillor Ewin’s public apology.  The Lord Mayor ruled the question inadmissible, as the question had been previously put at the Council meeting of 24 February 2020.

Mr Daniels put the following questions and the Lord Mayor took the questions on notice.  The Lord Mayor advised that a written response will be provided in due course:

Question 1:

In your role of the General Manager are you also the Information Custodian for the Council?

Question 2:

As the Information Custodian for the Council, how would you classify an email from the general public to a Council Officer regarding an upcoming issue that contained the following details:

·      Name;

·      Mobile phone number;

·      Details of a membership of activist group; and

·      Concerns and beliefs of that individual? (would it be solicited, unsolicited, sensitive, personal?)

Question 3:

In your roles as General Manager and Information Custodian, can you direct Councillors / Aldermen?

Question 4:

In your role as the Information Custodian, are you responsible for the privacy of all emails to hobartcity.com.au?

9.1      48 Liverpool Street, Hobart - Partial Demolition and Alterations

Ref:    Open CPC 7.1.1, 2/03/2020

Application Expiry Date: 8 April 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition and alterations at 48 Liverpool Street, Hobart for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 2 March 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 PLN­19­921 ­ 48 LIVERPOOL 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).

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 sw3

The proposed development including foundations must be designed to ensure the protection and access to the Council’s stormwater main.

A detailed design must be submitted and approved prior to construction. The detailed design must:

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

2.     Include cross­sections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works (including footings), and stating the minimum setbacks from the works to the nearest external surface of the main.

3.     Include certification by a suitably qualified engineer

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

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 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 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.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

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

You may require an occupational license for structures in the Hobart City Council highway reservation, in accordance with conditions to be established by the Council. Click here for more information.

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

STORM WATER

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.

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.

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.

Behrakis

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      55 Lansdowne Crescent, West Hobart - Change of use to Visitor Accommodation

Ref:    Open CPC 7.1.2, 2/03/2020

Application Expiry Date: 11 March 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for change of use to visitor accommodation at 55 Lansdowne Crescent, West Hobart for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 2 March 2020 and a permit containing the following conditions be issued:

GEN

The use must be substantially in accordance with the documents and drawings that comprise PLN­19­887 ­ 55 LANSDOWNE CRESCENT WEST HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 18

Prior to the commencement of the approved use, a management plan for the operation of the visitor accommodation must be submitted and approved, to the satisfaction of the Council's Director City Planning. The management plan must include measures to limit, manage and mitigate unreasonable impacts upon the amenity of long term residents. These measures must include, but are not limited to, the following requirements:

1.     To limit, manage, and mitigate noise generated as a result of the visitor accommodation.

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

3.     To provide advice to visitors about parking to reduce residential amenity impacts. This could include instructions to visitors about where to park and being considerate about early departure or late arrival vehicle noise.

4.     To provide advice to commercial cleaning contractor about parking and hours of attendance to reduce residential amenity impacts.

5.     To specify the maximum permitted occupancy of the visitor accommodation to six (6) people.

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

Reason for condition

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

ADVICE

The owner is encouraged to seek legal advice in order to gain resolution on the use of the adjacent Right of Way and associated access.

The owner is also encouraged to promote active and public transport

options to users of the accommodation in any marketing material given the

limited availability of on street parking.

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.

NOISE REGULATIONS

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

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover. Visitor accommodation is also considered to be a commercial use and also not eligible to residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed change of use to visitor accommodation would not entitle the property to a residential parking permit, or a transferable “bed and breakfast” parking permit.

Burnet

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.3      10A Heathorn Avenue, Sandy Bay - Common Land of Parent Title - Demolition, New Dwelling, Garage and Pool

Ref:    Supplementary Open CPC 12, 2/03/2020

Application Expiry Date: 9 April 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition, dwelling, garage and pool at 10A Heathorn Avenue, Sandy Bay 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 PLN­20­22 ­ 10A HEATHORN AVENUE SANDY BAY TAS 7005 ­ Final Planning Documents, except where modified below.

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 s1

Use of the site is approved for residential purposes only.

Advice:

No other use is permitted on the site without the prior written consent of Council. Storage of items must be related to residential use of the site.

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 3a

Prior to first occupation, 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) with the exception that jockey parking is approved.

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 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 approved on the site is two (2).

Advice:

No other type of vehicle parking spaces are approved on the site.

Reason for condition

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

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.

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.

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.

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.

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.

STRATA AMENDMENT

You will be required to amend the strata plan pursuant to the provisions of the Strata Titles Act 1998 in order to reflect the completed development works. Click here for more information.

Section 19A of the Strata Titles Act 1998 requires that where a building on a lot or common property is altered or a new building is added to a lot or common property and the alteration or addition requires the approval of the Council, an amendment to the strata plan is to be lodged with the Recorder of Titles.

Furthermore pursuant to clause 1(3) of the model by­laws in Schedule 1 of the Strata Titles Act 1998, "the owner of a lot must not, without the written permission of the body corporate, make or permit a change to the exterior character, design or finish of buildings or structural improvements to the lot" and pursuant to section 131(2) of the Strata Titles Act 1998 if the "alteration or addition to a lot is being, or has been, made contrary to the bylaws, the Recorder of Titles may order the owner of the lot to restore the lot to its former condition" .

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.

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.

Burnet

Behrakis                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.4      2 / 19 - 21 Castray Esplanade, Battery Point Adjacent Road Reserve - Outdoor Dining Furniture

Ref:    Special Open CP 2.1.1, 10/03/2020

Application Expiry Date: 10 March 2020

That the item be withdrawn from the agenda.

Burnet

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

10.      Smoke-Free CBD - Detailed Map

Ref:    Open CPC 8.1, 2/03/2020

That under the provisions of section 67B(1)(c) of the Public Health Act 1997, the Council declare the central business district as outlined in red in Attachment A to item 8.1 of the Open City Planning Committee agenda of 2 March 2020 as smoke-free commencing on 15 April 2020.

Burnet

Ewin                                                         That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD