Agenda (Open Portion)

City Planning Committee Meeting

Page 6

2/3/2020

City Planning Committee Meeting (Open Portion) held Monday, 2 March 2020 at 5:00 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Deputy Lord Mayor Burnet (Chairman)

Briscoe

Harvey

Behrakis

Dutta

NON-MEMBERS

Lord Mayor Reynolds

Zucco

Sexton

Thomas

Ewin

Sherlock

Coats

Apologies:

Leave of Absence:

1. Co-Option of a Committee Member in the event of a vacancy

2. Confirmation of Minutes

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 17 February 2020 and the Special City Planning Committee meeting held on Monday, 24 February 2020, are submitted for confirming as an accurate record.

3. Consideration of Supplementary Items

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

Recommendation

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.

4. Indications of Pecuniary and Conflicts of Interest

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

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

5. Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

A committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

6. Planning Authority Items - Consideration of Items With Deputations

In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the General Manager is to arrange the agenda so that the planning authority items are sequential.

In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.

Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.

RECOMMENDATION

That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.

Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 13

2/3/2020

7.1 Applications under the Hobart Interim Planning Scheme 2015

7.1.1 48 Liverpool Street, Hobart - Partial Demolition and Alterations

PLN-19-921 - FILE REF: F20/22001

Address: 48 Liverpool Street, Hobart

Proposal: Partial Demolition and Alterations

Expiry Date: 8 April 2020

Extension of Time: Not applicable

Author: Helen Ayers

REcommendation

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 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.

Attachment a: PLN-19-921 - 48 LIVERPOOL STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-921 - 48 LIVERPOOL STREET HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-19-921 - 48 LIVERPOOL STREET HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 45

2/3/2020

7.1.2 55 Lansdowne Crescent, West Hobart - Change of use to Visitor Accommodation

PLN-19-887 - FILE REF: F20/22073

Address: 55 Lansdowne Crescent, West Hobart

Proposal: Change of use to Visitor Accommodation

Expiry Date: 11 March 2020

Extension of Time: Not applicable

Author: Michelle Foale

REcommendation

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

GEN

The use must be substantially in accordance with the documents and drawings that comprise 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

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.

Attachment a: PLN-19-887 - 55 LANDSDOWNE CRESCENT WEST HOBART - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-887 - 55 LANSDOWNE CRESCENT WEST HOBART TAS 7000 - CPC Agenda Documents ⇩

Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 92

2/3/2020

REPORT TITLE: Smoke-Free CBD Detailed Map

REPORT PROVIDED BY: Manager Environmental Health

Director City Planning

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to provide Council with a detailed statutory map to clarify the exact area resolved to be declared smoke-free on 15 April 2020.

1.2. The map provided as Attachment A forms part of the legal documentation for the public notice required to be printed in The Mercury on the day of the declaration.

1.3. The community benefit of defining the area to a detailed level is to avoid public confusion with the extent of the area for compliance purposes.

2. Report Summary

2.1. The indicative map used for the declaration of the central business district as smoke-free by Council at its meeting of 15 April 2019, did not accurately and fully map the intended area to be declared.

2.2. The map provided as Attachment A clearly specifies the area and is inclusive of all remaining previously undeclared Council occupied land within the perimeter of the smoke-free CBD.

2.3. The statutory map is required to be declared in order to avoid confusion or create the unintended consequence of partially declared footpaths and undeclared pedestrian crossings and roads.

2.4. The Tobacco Project Officer will complete all remaining tasks in relation to the effective implementation and enforcement of the declared area.

2.5. As the smoke-free CBD declaration has already been widely promoted, preparations to mark the declaration on 15 April are well underway with an event to be held in the Elizabeth St Mall on the day.

2.6. For reference, a map of current declared smoke-free areas in the CBD is provided as Attachment B.

3. Recommendation

That:

1. Under the provisions of 67B(1)(c) of the Public Health Act 1997, the Council declare as smoke-free commencing on 15 April 2020 the central business district as outlined in red in Attachment A to this report.

4. Background

4.1. Council at its meeting of 15 April 2019, under the provisions of 67B(1)(c) of the Public Health Act 1997, resolved to declare as smoke-free the central business district and areas adjacent to the Royal Hobart Hospital site as outlined in an indicative map originally provided as Attachment D to item 8.2 of the Open City Planning Committee agenda of 8 April 2019.

4.2. The indicative map did not accurately and fully map the intended area. The intended area is the entirety of council occupied land from the building line on one side of each street to the building line on the other side of the street, inclusive of the roads in between and all remaining undeclared Council occupied land within the perimeter.

4.3. The map provided as Attachment A clearly specifies this area and is required to be declared in order to avoid confusion or create the unintended consequence of partially declared footpaths and undeclared pedestrian crossings and roads.

4.4. The detailed map clarifies that it is an offence to smoke on the footpaths, or on the roads within the declared area.

4.5. Through the work of Councils Tobacco Project Officer appointed in August 2019, the City has formed close and positive relationships with the many non-government organisations involved in smoking cessation work and has been invited to join the Tasmanian Tobacco Control Coalition.

4.6. The declaration of this area will confirm the Councils commitment to a more broadly positive health message, and for reference a map of current declared smoke-free areas in the CBD is provided at Attachment B.

5. Proposal and Implementation

5.1. It is proposed that the area defined in red in Attachment A be declared a smoke-free area.

5.2. The Tobacco Project Officer will complete all remaining tasks in relation to the effective implementation of the declared area including;

5.2.1. Placement of the Public Notice in The Mercury newspaper, notification to the Department of Health, promotion via the City of Hobart website, Facebook and City News,

5.2.2. Installation of all new footpath and rubbish bin signage prior to the day,

5.2.3. Ongoing stakeholder consultation and engagement with businesses and the general public in affected areas,

5.2.4. Maintenance of a reliable presence in the area working with Tasmania Police and the Tobacco Control Unit as necessary to maximise awareness and community understanding,

5.2.5. Enforce compliance where necessary by issuing infringements where there is a clear disregard for the law.

5.3. As the smoke-free CBD declaration has already been widely promoted, preparations to mark the declaration on 15 April are well underway with an event to be held in the Elizabeth St Mall on the day. 7HO FM will broadcast live from the Mall on this day with a range of activities planned to support the event.

6. Strategic Planning and Policy Considerations

6.1. The declaration of smoke-free areas by the Council aligns with the following strategies from the Capital City Strategic Plan 2019-2029;

6.1.1. Pillar 2: Community inclusion, participation and belonging, Strategy 2.3.4 Protect and improve public health. Ensuring good health among Hobart people is becoming more important and the declaration of smoke-free areas is a means to contribute to de-normalising smoking and potentially having an impact on reducing population smoking rates.

6.1.2. Pillar 6: Natural environment, Strategy 6.3.5 Improve water quality in Hobart’s waterways and identify water catchment activities that are contributing to stormwater pollution. As custodians of the waterways, the actions taken to minimise the profound impact of litter on the natural environment will define Hobart’s future.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. Allocation for advertising, signage and promotion has been made within the current operating budget.

8. Legal, Risk and Legislative Considerations

8.1. The indicative map from 2019 presents a risk to Council by not clearly defining the exact and complete parcels of land to be declared smoke-free to the level of detail required for statutory compliance. To proceed with the original map would potentially compromise enforcement activity and lead to confusion within the community and possible legal challenge to Council.

8.2. The City of Hobart will be responsible for the ongoing monitoring of the declared areas for compliance at the conclusion of the project. The City is supported to a limited degree by the Tobacco Control Unit and Tasmania Police.

8.3. It is acknowledged that enforcement involves ongoing awareness and a physical presence in the area. Without the presence of suitably trained enforcement officers, ongoing general compliance with smoke-free declarations will be mixed.

9. Environmental Considerations

9.1. The declaration of a smoke-free CBD aims to reduce the incidence of smoking in the designated areas. Reduced smoking activity should translate to reduce litter volumes of cigarette butts entering the litter stream from these locations.

9.2. The cigarette butt bins currently situated within the area will be removed and relocated to entry point areas.

10. Social and Customer Considerations

10.1. The proposal aims to further reduce the public exposure to secondary smoke in areas where people gather or are often in close proximity moving through the city streets, taking a seat to have lunch or waiting to catch a bus.

10.2. The introduction of the boundary creates the need for behaviour change in the declared areas and the law will apply to everyone equally. The Tobacco Project Officer will monitor any new problem areas arising from the declaration, and work with businesses, the public and Council’s waste teams to determine suitable arrangements for all stakeholders.

10.3. The smoking population in Tasmania is estimated at close to 20% according to figures endorsed by Quit Tasmania. Smokers who work within the declared area may need to walk further than they currently do to find an area in which they can smoke. This may lead to consideration to reduce smoking frequency and many services are available to support this choice.

11. Marketing and Media

11.1. The Tobacco Project Officer will continue to work with the Communications and Marketing team to complete all marketing and media requirements of the project in the short and longer term.

11.2. All branding, messaging and signage has been designed in consultation with the Communications team.

11.3. A Smoke-free Hobart hotline with message service and direct email smokefreehobart@hobartcity.com.au have already been established and are in use to ensure the community has direct access to the project officer.

11.4. The declaration will be advertised as a public notice in The Mercury on 15 April and promotion will be ongoing through the City’s usual communication channels of website, Facebook page and City News.

12. Community and Stakeholder Engagement

12.1. The Tobacco Project Officer is presently engaging with all stakeholders fronting or with an interest in the proposed area. Stakeholders include businesses, the cruise ship industry, the TTIC, Metro, Tasmania Police, a wide range of non-government organisations, 7HOFM, the Royal Hobart Hospital and the Tobacco Control Unit. Feedback from direct engagements continues to be positive with widespread support for the first Australian smoke-free capital city CBD.

13. Delegation

13.1. The matter is delegated to the Council.

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.

Felicity Edwards

Manager Environmental Health

Neil Noye Signature

Neil Noye

Director City Planning

Date: 25 February 2020

File Reference: F20/14199; 16/237

Attachment a: CBD Smoke-free Area ⇩

Attachment b: CBD Smoke-free Areas Previously Declared ⇩

Item No. 8.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 105

2/3/2020

REPORT TITLE: Draft Amendment 01-2019 to the State Planning Provisions - Apartment Development Code - Representation

REPORT PROVIDED BY: Development Planner

Director City Planning

1. Report Purpose and Community Benefit

1.1. This report considers draft amendment 01-2019 to the State Planning Provisions (SPPs) that introduces an Apartment Development Code along with consequential amendments to the SPPs. The report seeks endorsement from Council of the representation proposed to be made to the Minister for Planning in relation to this amendment.

1.2. This report benefits the community by considering a significant amendment that will apply to the design of apartment buildings state-wide. The proposed Apartment Development Code will improve living conditions for residents of apartments.

2. Report Summary

2.1. The proposal is that a representation to the Minister for Planning in relation to Draft Amendment 01-2019 of the State Planning Provisions – Draft Apartment Development Code be endorsed.

2.2. The representation is provided in Attachment A.

2.3. The draft amendment to which the representation relates, including an explanatory document, is provided in Attachment B.

2.4. Draft Amendment 01-2019 proposes a Draft Apartment Code, providing standards for the development of apartments in those zones where multi-storey apartments are allowable.

2.5. The draft amendment was completed by the Tasmanian Government in collaboration with staff at the City of Hobart.

2.6. The purpose of the provisions are to provide clarity and certainty for the assessment of apartment developments in Tasmania and to encourage well-designed apartment developments that deliver appropriate levels of residential amenity and promote the health and well-being of occupants through quality designs.

2.7. Issues covered within the standards are:

2.7.1. Building separation and setbacks

2.7.2. Common open space and landscaping

2.7.3. Common circulation spaces

2.7.4. Sunlight

2.7.5. Daylight and natural ventilation

2.7.6. Apartment size, layout and storage

2.7.7. Universal design

2.7.8. Private open space

2.7.9. Acoustic privacy

2.7.10. Waste storage and collection

2.8. The draft Amendment 01-2019 is generally supported, including by the members of the Urban Design Advisory Panel (UDAP).

2.9. A number of specific comments or suggestions to further improve the amendment are provided in the attached representation to the Minister for Planning, which is recommended to be supported.

3. Recommendation

That Council endorse the representation to the Minister of Planning in relation to Amendment 01-2019 to the State Planning Provisions provided in Attachment A.

4. Background

4.1. On the 17^th December 2015, amendments were made to the Land Use Planning and Approvals Act 1993 (the Act) which enabled the preparation of draft State Planning Provisions (SPPs).

4.2. The SPPs were made on 22 February 2017, and form the mandatory provisions of the Tasmanian Planning Scheme which will apply state-wide.

4.3. The SPPs, together with Local Provisions Schedules (LPS) which contain local standards for each Council area, will make up the Tasmanian Planning Scheme.

4.4. Hobart’s LPS is currently being assessed by the Tasmanian Planning Commission prior to it being advertised. The Tasmanian Planning Scheme will not be in operation until the LPS has come into effect.

4.5. The changes to the SPPs proposed in amendment 01-2019 – Draft Apartment Code are being prepared in conjunction with the Central Hobart Precincts Plan as part of the Hobart City Deal under the Greater Hobart Act 2019.

4.6. The Tasmanian Government has drafted these provisions in collaboration with staff from the City of Hobart.

4.7. On 5 February 2020, the minister wrote to the City of Hobart to invite feedback on the draft amendment 01-2019, with responses to be submitted by 13 March 2020.

5. Proposal and Implementation

5.1. The proposal is that the representation to the Minister for Planning provided in Attachment A to this report, in relation to Draft Amendment 01-2019 of the State Planning Provisions – Draft Apartment Development Code, be endorsed.

5.2. The purpose of the provisions are to provide clarity and certainty for the assessment of apartment developments in Tasmania and to encourage well-designed apartment developments that deliver appropriate levels of residential amenity and promote the health and well-being of occupants through quality designs.

5.3. It is also proposed that the Apartment Development Code (ADC) will be supported by design guidelines (yet to be developed) which will further assist developers to design apartment buildings that respond to their context.

5.4. The provisions of the ADC are substantially based on the New South Wales Apartment Design Guide.

5.5. The draft ADC includes provisions that relate to the following issues:

5.5.1. Building separation and setbacks:

Refers to a table of separation distances between a proposed apartment and existing buildings on the site or a lot boundary. Permitted separation distances increase as the proposed building gets taller, and distances are different depending on whether there are habitable windows or balconies on that face of the building. The provision is intended to protect privacy and opportunity for outlooks, access to sunlight, daylight and natural ventilation.

5.5.2. Common open space and landscaping:

The permitted standard requires common open space for buildings with 20 or more apartments, and details requirements to ensure the spaces are of a reasonable quality. The performance criteria requires that buildings with 30 or more apartments must provide common open space. Further provisions require areas of deep soil for tree planting (excepting developments within the Central Business Zone).

5.5.3. Common circulation spaces:

Sets maximum numbers of apartments on each floor of a building that are accessed by a single circulation core (stair or lift), as well as maximum corridor lengths. This standard encourages building design that facilitates good social relationships and avoids long, poorly lit corridors.

5.5.4. Sunlight:

The permitted standard requires a minimum percentage of apartments in a building that receive direct sunlight for a minimum of 3 hours (does not apply in the Central Business Zone).

5.5.5. Daylight and natural ventilation:

Details provisions relating to openable windows, room depths, ceiling heights, window sizes, and light wells.

5.5.6. Apartment size, layout and storage:

Requires storage areas and minimum permitted widths of living areas.

5.5.7. Universal design:

Details provisions relating to the external and internal design of apartments that ensure some apartments are accessible and adaptable to a range of users with different mobility levels. Apartment buildings with 5 or more apartments must provide at least 30% of apartments that meet the criteria.

5.5.8. Private open space:

Specifies private open space requirements for each apartment, including minimum permitted dimensions. Encourages well-located open space with reasonable usability and amenity.

5.5.9. Acoustic privacy:

Requires that, as permitted, an apartment meets the Australian Standards relating to internal noise levels.

5.5.10. Waste storage and collection:

Addresses bin storage, access and collection for apartment buildings, to ensure the amenity of the surrounding area and the flow of traffic and pedestrians is not unreasonably affected.

5.6. The Apartment Development Code (ADC) is proposed to apply to any residential development containing apartments. ‘Apartment’ is proposed to be defined as ‘a dwelling or a serviced apartment, located above the ceiling level or below the floor level of another dwelling, serviced apartment, or other use, and is part of a building containing two or more dwellings or serviced apartments’)

5.7. The ADC is intended to apply to the development of all apartments within the following zones:

· Inner Residential Zone

· Urban Mixed Use Zone

· Local Business Zone

· General Business Zone

· Central Business Zone

5.8. Individual councils may also nominate ‘apartment development areas’ outside of these zones, which would be shown on an overlay within the Local Provisions Schedule and would ensure any apartment within that area is subject to the ADC. Under the Hobart LPS, it is proposed that the Commercial Zone, Activity Area 1.0 Inner City Residential (Wapping), Activity Area 2.0 Sullivans Cove ‘Mixed Use’, and land subject to the Macquarie Point Site Development Plan are covered by an apartment development area.

5.9. The drafting of the provisions was completed with significant input from the City of Hobart.

5.10. The provisions of the ADC build further upon provisions recently proposed as part of HIPS 2015 amendment PSA-19-1 – Amenity Standards in the Central Business and Commercial Zones (initiated by Council on 9 September 2019). This amendment was drafted in response to a resolution by Council to consider amenity standards in non-residential zones.

5.11. Some of the provisions of the ADC are substantially similar to those proposed under PSA-19-1 and others are different or were not included as topics under amendment PSA-19-1.

5.12. The provisions of PSA-19-1 will be introduced into the Hobart Interim Planning Scheme 2015 (HIPS 2015), and will therefore be in operation in the interim period before the provisions of the ADC come into effect as part of the Tasmanian Planning Scheme.

5.13. Generally, the draft ADC and associated amendments are supported.

5.14. There are some suggested comments and recommendations proposed to further improve the amendments (Attachment A).

5.15. Some comments are of a technical nature, suggesting changes to wording or requesting clarification of the intent of specific clauses.

5.16. Some comments are more general in nature, such as:

5.16.1. Assessment of the ADC would benefit from being able to consider the degree of non-compliance of a discretionary proposal compared to the standards in the acceptable solution. If this is not possible, noting a recent decision of the Tribunal that the acceptable solution may not be considered for a discretionary application, the performance criteria should be of sufficient strength that it is clear what constitutes an inappropriate development.

5.16.2. Absolute maximum figures in performance criteria are supported.

5.16.3. The code is more technical than existing planning provisions, which is likely to increase the need for reports by suitably qualified persons to be submitted and increase the time taken for assessment of applications.

5.16.4. It should be clarified whether the ADC applies retrospectively to existing dwellings when it is divided into apartments (for example a new apartment is added beneath an existing building).

5.16.5. The code should perhaps not apply to only two dwellings, which will capture a lot of ‘mum and dad’ developers who split an existing building into two.

5.16.6. Consideration should be given to whether it will be possible for conversions of existing buildings into apartments to meet all of the provisions. It may be desirable to encourage the reuse of existing buildings to retain character in some areas, but if it is not possible for an existing building to meet some of the performance criteria of the ADC, a developer may be forced to demolish and rebuild.

5.16.7. There is an opportunity to clarify the definition of ‘dwelling’ so it is clearer.

5.16.8. The amount of parking required for the Inner Residential Zone is too onerous and should be reduced, and conversely the requirement for bike parking is too low and should be increased.

5.16.9. Consideration should be given to whether the ADC should apply to all zones, not specific zones, to ensure the efficacy of the code.

5.16.10. Consideration should be given to allowing a permitted parthway for building types that are arranged around a central courtyard.

5.16.11. Consideration should be given to not allowing a discretionary option for acoustic privacy in the Central Business Zone and Sullivans Cove. This would ensure each apartment meets the Australian Standards, as required by the acceptable solution. It is important that residences self-protect their acoustic privacy in these zones specifically.

5.17. The 01-2019 draft ADC amendment was provided to the members of the Urban Design Advisory Panel (UDAP), who provided individual comments which are incorporated into the representation in Attachment A.

5.18. Overall, UDAP members were highly supportive of the amendments relating to the ADC.

5.19. Some of the UDAP comments were specific and technical. The more general comments from UDAP members include that:

5.19.1. It is hoped the ADC will improve apartment proposals, and allow consideration of issues by UDAP that were previously not covered by the planning scheme, including internal building design elements that affect the liveability of apartments for occupants.

5.19.2. The ADC appears to address the main design issues that the panel has identified at various times.

5.19.3. The future apartment development guidelines (which are yet to be drafted) should reference the Urban Design Protocol for Australian Cities, which would provide a consistent approach to urban design issues.

5.19.4. The draft standards of the ADC would benefit by being linked to the future guidelines by a requirement for developers to submit an Urban Design Impact Statement that reflects the guideline.

5.19.5. Acceptable solutions for private open space could require that a minimum of 25% is useable for dining, play, seating etc, and when at ground level 25% could be retained as unpaved areas for planting, or permeable pavement areas. This would reduce the heat island effect.

5.20. It is recommended that the representation to the Minister for Planning provided in Attachment A be supported.

6. Strategic Planning and Policy Considerations

6.1. Support of the proposed amendment is consistent with the objectives of the Capital City Strategic Plan 2019-29, in particular with the following outcomes:

6.1.1. Hobart keeps a strong sense of place and identity, even as the city changes;

6.1.2. In City decision-making, we consider how different aspects of Hobart life connect and contribute to sense of place;

6.1.3. Hobart is a place where diversity is celebrated and everyone can belong, and where people have opportunities to learn about one another and participate in city life;

6.1.4. Hobart communities are safe and resilient, ensuring people can support one another and flourish in times of hardship;

6.1.5. Hobart has a diverse supply of housing and affordable homes;

6.1.6. Development enhances Hobart’s unique identity, human scale and built heritage;

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. None

7.2. Impact on Future Years’ Financial Result

7.2.1. None

7.3. Asset Related Implications

7.3.1. None

8. Legal, Risk and Legislative Considerations

8.1. The implementation of the draft amendment to the SPPs will be undertaken in accordance with the process set out under the Act.

9. Environmental Considerations

9.1. The proposed Apartment Development Code proposes a number of measures that will have a positive impact on the sustainability of apartments, such as requiring deep soil areas, common open space, access to sunlight, and effective natural ventilation.

10. Social and Customer Considerations

10.1. The proposal is not considered to have any negative impact on social inclusion.

10.2. The proposed Apartment Development Code considers social aspects of housing, illustrated by the inclusion of provisions requiring some apartments to be designed for ease of access for all community members, regardless of level of mobility.

11. Marketing and Media

11.1. There are no marketing or branding implications of this amendment.

12. Community and Stakeholder Engagement

12.1. No engagement by Council is necessary as this report responds to an amendment that is proposed by the Minister.

13. Delegation

13.1. Delegation rests with the Council.

Sarah Crawford Signature

Sarah Crawford

Development Planner

Neil Noye Signature

Neil Noye

Director City Planning

Date: 26 February 2020

File Reference: F20/15268

Attachment a: Representation ⇩

Attachment b: Draft Amendment 01-2019 of the State Planning Provisions - Draft Apartment Development Code ⇩

Item No. 8.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 153

2/3/2020

Memorandum: City Planning Committee

Petition to Amend Sealed Plan 167642
4 Satchell Drive, Kingston

1. INTRODUCTION

1.1 A petition under section 103 of the Local Government (Building and Miscellaneous Provisions) Act 1993 (LGBMP Act) has been received to amend Sealed Plan 167642. The petition is attached as Attachment A and the Sealed Plan is attached as Attachment B.

1.2 The petition seeks to decrease the area on Lot 5 on the Plan (4 Satchell Drive) affected by the building covenant set out at paragraph 2(2) on page 4 of the Schedule of Easements to the Sealed Plan. The Schedule of Easements is attached as Attachment C.

1.3 The building covenant prohibits the erection of buildings outside designated building envelopes on each of the lots on the Sealed Plan.

1.4 The proposed amendment would marginally increase the size of the building envelope on Lot 5, to allow for the construction of a 36m² garage approved under planning permit PLN-19-686 outside the existing building envelope.

1.5 The petitioner is the owner of 4 Satchell Drive.

2. THE LEGISLATIVE PROVISIONS

2.1 Section 103(1)(b) of the LGBMP Act provides that a Sealed Plan may be amended by the Council on an application by any person having an interest in land subject to the Plan.

2.2 Section 103(3) of the LGBMP Act requires a person to make the application by petition and serve a copy of the petition on all persons appearing by the registers under the Land Titles Act 1980 and the Registration of Deeds Act 1935 to have an estate or interest at law affected by the proposed amendment.

2.3 The petitioner has provided evidence that a copy of the petition has been served on all persons having an estate or interest at law affected by the proposed amendment.

2.4 Section 103(4) of the LGBMP Act provides that any person affected by the proposed amendment may ask to be heard by Council in support or opposition within 28 days of being served with a copy of the petition.

2.5 No requests to be heard have been received and the time period within which affected persons may ask to be heard has lapsed.

2.6 At the end of 28 days after the last petition has been served, the Council may, if no person has asked to be heard in opposition, cause the amendment to be made.

3. BACKGROUND

3.1 The subdivision that created the lots on the Sealed Plan was approved under planning permit PLN-10-00030-01.

3.2 Condition 8 of that permit required the final plan of survey to show building envelopes on each lot that would maximise the retention of significant vegetation, provide resident amenity by separating buildings on adjacent lots and avoid areas of higher geotechnical risk.

3.3 The approved building envelopes were also included in a Site Development Plan that lot owners must comply with under a Part 5 Agreement. Despite the Part 5 Agreement, the covenant was also required so that the siting restriction was more obvious to purchasers and to allow for easier enforcement of the restriction.

4. CONSIDERATION

4.1 The garage development approved under PLN-19-686 is located close to the existing dwelling, just outside the existing building envelope. A site plan showing the location of the approved shed relative to the existing and proposed building envelopes and the existing house is attached as Attachment D.

4.2 Construction of the garage in this location does not require the removal of any vegetation, and the site is outside areas of high geotechnical risk and adequately separated from building envelopes on adjacent lots.

4.3 While the additional area proposed to be included in the building envelope includes land not required to construct the garage, the existing building envelope will continue to be shown in the Site Development Plan, and buildings can only be constructed outside the building envelope shown in the Site Development Plan with the written consent of the planning authority under the terms of the Part 5 Agreement. Council would therefore retain the power to be able to refuse any proposal for further building development within the expanded area of the building envelope shown on the amended Sealed Plan.

4.4 Given the above, it is recommended that Council approve amendment of the Sealed Plan in the terms proposed.

REcommendation

That:

1. Pursuant to section 103 of the Local Government (Building and Miscellaneous Provisions Act 1993, the Council approve the petition to amend Sealed Plan 167642 as detailed in Attachment A.

Rowan Moore Signature2

Rowan Moore

Environment Development Planner

Date: 25 February 2020

File Reference: F20/19664

Attachment a: Petition to Amend Sealed Plan ⇩

Attachment b: Sealed Plan 167642 ⇩

Attachment c: Schedule of Easements ⇩

Attachment d: Shed Site Plan ⇩

Item No. 9.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 185

2/3/2020

Memorandum: Lord Mayor

Deputy Lord Mayor

Elected Members

Response to Question Without Notice

State Cinema North Hobart - Parking Spaces

Meeting: City Planning Committee

Meeting date: 25 November 2019

Raised by: Councillor Harvey

Question:

How many parking spaces are provided by the state cinema for their business? Does the state cinema meet the planning scheme for the required number of parking spaces provided for this scale of development?

Response:

The State Cinema complex has 30 car parking spaces and a 312 car parking space discretion.

The State Cinema complex is known as 367-375 Elizabeth Street, 379 Elizabeth Street, and 31 Strahan Street, North Hobart.

The latest planning permit for the State Cinema component of the site is PLN-17-812: Partial Demolition, Alterations and Intensification of Community Meeting and Entertainment Use (Additional Cinema).

The car, bicycle, motorbike and commercial vehicle parking assessment in the delegated report for that assessment built on assessments of the car park for previous planning applications. This application showed 30 car parking spaces.

The below figures are taken from the planning application (PLN-16-768) assessment (planning permit for the major site redevelopment) except for increase in cinema seats proposed in PLN-17-812.

Calculation of exact car parking spaces requirements is complex for this whole site. However, the following is provided by way of estimate:

• Business and Professional Services (Office): 824m2 floor area / 30m2 = 27 spaces.

• Community Meeting and Entertainment (Cinemas): Proposed 12 cinemas with 753 seats / 3 seats per car space = 251 spaces.

• General Retail and Hire (Shops): 710m2 floor area / 30m2 = 24 spaces.

• Food Services (Restaurant): 207m2 floor area / 15 spaces per 100m2 = 30 spaces.

• Multiple Dwellings (three existing one bedroom dwellings, three proposed two bedroom dwellings) = 10 spaces.

•

Total = 342 car parking spaces required under E6.6.1 A1.

342 – 30 = 312 car parking space discretion.

Planning permit PLN-17-812 included a condition (ENG5) re-iterating the number, standard and availability of parking spaces for cars, bikes, motorbikes, and several conditions about car park surfacing, driveway access and on-site vehicle movements.

Neil Noye

Director City Planning

Date: 12 February 2020

File Reference: F19/154373; 13-1-10

Item No. 9.5

Agenda (Open Portion)

City Planning Committee Meeting

Page 187

2/3/2020

Memorandum: Lord Mayor

Deputy Lord Mayor

Elected Members

Response to Question Without Notice

13 & 15 Gregory Street Sandy Bay - Compliance

Meeting: City Planning Committee

Meeting date: 3 February 2020

Raised by: Deputy Lord Mayor Burnet

Question:

Can the Director advise if the 13 and 15 Gregory St properties, now operating as a mini supermarket and second hand furniture store respectively, received planning authority. If so, were there conditions associated with their use, including parking, and was there any traffic assessment?

Response:

13 and 15 Gregory Street were approved as shops in 1989. It was not a planning approval as such, but rather approval of a dispensation of the Interim Order in force at the time. The dispensation came with nine conditions. The conditions included the provision of 11 onsite parking spaces, and the restriction of the hours of operation to be 9am to 6pm Monday to Friday, and 9am to 12 midday on Saturday (with the option to change these with the written approval of the Council).

While the full Council approved the dispensation, the officer recommendation for the proposal was refusal. The assessment report does not go into great detail about car parking or traffic, save that it is non-compliant with ‘the current planning scheme, the consolidated planning scheme, and the preferred strategy of the Sandy Bay Shopping Centre Study’.

In 2015 discretionary planning approval was granted under delegation for a shed and alterations to car parking at 15 Gregory Street. The use of the building was shop, and no change of use was proposed. The proposed shed was to be located in the car par at the rear, reducing the car parking on site from five spaces to three. Council’s GIS imagery shows that the shed has been installed. However, it also shows that the car park is not being used in accordance with the approved 2015 plan.

Do not delete this line

Neil Noye

Director City Planning

Date: 25 February 2020

File Reference: F20/13469; 13-1-10

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