Minutes (Open Portion)

City Planning Committee Meeting

Page 2

2/3/2020

Minutes (Open Portion)

City Planning Committee Meeting

Page 7

2/03/2020

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Behrakis

Dutta

BRISCOE

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, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Behrakis

Dutta

Coats

Minutes (Open Portion)

City Planning Committee Meeting

Page 28

2/03/2020

AYES

NOES

Briscoe

Harvey

Behrakis

Dutta

7.1.1   48 Liverpool Street, Hobart - Partial Demolition and Alterations

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

COMMITTEE RESOLUTION:

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.

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

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 18 February 2020, be adopted, as amended by the inclusion of the following advice clause:

“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.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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.

8.1      Smoke-Free CBD Detailed Map

DUTTA

That the recommendation contained in the report of the Manager Environmental Health and the Director City Planning of 25 February 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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.

8.2      Draft Amendment 01-2019 to the State Planning Provisions - Apartment Development Code - Representation

BRISCOE

That the recommendation contained in the report of the Development Planner and the Director City Planning of 26 February 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the Council endorse the representation to the Minister of Planning in relation to Amendment 01-2019 to the State Planning Provisions – Apartment Development Code, marked as Attachment A to item 8.2 of the Open City Planning Committee agenda of 2 March 2020.

8.3      Petition to Amend Sealed Plan 167642
4 Satchell Drive, Kingston

BRISCOE

That the recommendation contained in the report of the Environment Development Planner of 25 February 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to section 103 of the Local Government (Building and Miscellaneous Provisions) Act 1993, the Council approve the petition to amend Sealed Plan 167642 – 4 Satchell Drive, Kingston, marked as Attachment A to item 8.3 of the Open City Planning Committee agenda of 2 March 2020.

8.4      City Planning - Advertising Report

BRISCOE

That the recommendation contained in the memorandum of the Director City Planning of 25 February 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled City Planning – Advertising Report be received and noted.

8.5      Delegated Decisions Report (Planning)

COATS

That the recommendation contained in the memorandum of the Director City Planning of 25 February 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled Delegated Decisions Report (Planning) be received and noted.

MOTION CARRIED

VOTING RECORD

10.1    Councillor Dutta - Development / Building Activity

Question:      I refer to the Mercury article, Saturday 29th February 2020, attributed to Alderman Zucco, in which he states that there has been a drop of $200m, in the past year. Can the Director advice/inform the committee if there is a reason for this substantial decline in development and if so could this be the cause of the inflated value of building activity in that financial year?

Answer:         The Director City Planning took the question on notice.

10.2    Councillor Dutta - Planning Approvals / Delegation

Question:      Can the Director advise what percentage of the planning approvals are dealt with by the elected members and what percentage is dealt with under officer delegation?

Answer:         The Director City Planning advised that 5% of development applications are considered by the Council and 95% are dealt with through delegation.

10.3    Councillor Dutta - Planning Approvals / Building Completions

Question:      Can the Director advise what percentage of planning approvals move to building and completion stage and if there are factors which affect a project moving to building stage?

Answer:         The Director City Planning took the question on notice.

10.4    Alderman Briscoe - Development Statistical Data

Question:      From the long term statistical data is there a down turn in development / building in the city?

Answer:         The Director City Planning advised that there is no down turn in development / building in the city.

10.5    Councillor Dutta - Planning / Building Data

Question:      Can the Director advise if we only referred to the data on page 276 (Attachment A) to item No.19, of the City Planning Meeting of 17/2/2020, to compare the data with the current year, can it distort the planning and building data for 2019/2020?

Answer:         The Director City Planning took the question on notice.

10.6    Alderman Behrakis - Planning Decisions - Residential Dwellings

Question:      Of the 5% Council delegated and 95% officer delegated decisions for residential dwellings how many have come to the Council and how many have been dealt with by the officers in the past 18 months?

Answer:         The Director City Planning took the question on notice.

12       10A Heathorn Avenue, Sandy Bay Common Land of Parent Title - Demolition, New Dwelling, Garage and Pool

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 24 February 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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