City
of hobart
AGENDA
City Planning Committee Meeting
Open Portion
Monday, 20 July 2020
at 5:10 pm
City
of hobart
AGENDA
City Planning Committee Meeting
Open Portion
Monday, 20 July 2020
at 5:10 pm
Working together to make Hobart a better place for the community.
THE VALUES
The Council is:
|
People |
We care about people – our community, our customers and colleagues. |
|
Teamwork |
We collaborate both within the organisation and with external stakeholders drawing on skills and expertise for the benefit of our community. |
|
Focus and Direction |
We have clear goals and plans to achieve sustainable social, environmental and economic outcomes for the Hobart community. |
|
Creativity and Innovation |
We embrace new approaches and continuously improve to achieve better outcomes for our community. |
|
Accountability |
We are transparent, work to high ethical and professional standards and are accountable for delivering outcomes for our community. |
|
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 3 |
|
|
20/7/2020 |
|
Business listed on the agenda is to be conducted in the order in which it is set out, unless the committee by simple majority determines otherwise.
APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6. Planning Authority Items - Consideration of Items With Deputations
7. Committee Acting as Planning Authority
7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.2 409 Argyle Street, New Town - Front Fencing and Alterations to Access
7.1.3 32 De Witt Street, Battery Point - Parial Demolition, Alterations and Extension
7.1.4 324 Davey Street, South Hobart - Alterations (Deck) to Previously Approved Development
7.1.5 22 Byron Street, Sandy Bay - Outbuilding
8.1 Proposed Changes to Delegations to Determine Development Applications
8.2 Visitor Accommodation Mapping - 1 January 2020 - 30 June 2020
8.3 City Planning - Advertising Report
8.4 Delegated Decisions Report (Planning)
9. Committee Action Status Report
9.1 Committee Actions - Status Report
10. Responses To Questions Without Notice
10.1 City Planning Committee - Decisions
12. Closed Portion Of The Meeting
|
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 6 |
|
|
20/7/2020 |
|
City Planning Committee Meeting (Open Portion) held Monday, 20 July 2020 at 5:10 pm.
This meeting of the City Planning Committee is held in accordance with a Notice issued by the Premier on 3 April 2020 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.
|
COMMITTEE MEMBERS Deputy Lord Mayor Burnet (Chairman) Briscoe Harvey Behrakis Dutta Coats
NON-MEMBERS Lord Mayor Reynolds Zucco Sexton Thomas Ewin Sherlock |
Apologies:
Leave of Absence: Nil.
|
|
The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 29 June 2020, are submitted for confirming as an accurate record.
|
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
|
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.
|
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.
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?
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.
|
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 7 |
|
|
20/7/2020 |
|
In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.
In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Committee is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 19 |
|
|
|
20/7/2020 |
|
7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.1 10 Whelan Crescent, West Hobart - Partial Demolition, Alterations, Extension, Carport and Front Fencing
Address: 10 Whelan Crescent, West Hobart
Proposal: Partial Demolition, Alterations, Extension, Carport and Front Fencing
Expiry Date: 29 July 2020
Extension of Time: Not applicable
Author: Richard Bacon
|
REcommendation That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a partial demolition, alterations, extension, carport and front fencing at 10 Whelan Crescent West Hobart TAS 7000 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 PLN20340 10 WHELAN CRESCENT WEST HOBART TAS 7000 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
PLN s1
Planning approval under this planning permit is on the basis of a single dwelling development of the site only.
Reason for condition
To clarify the scope of the permit
PLN s2
All works are to be fully contained within the property boundaries of No.10 Whelan Crescent.
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 sw2.1
A preconstruction CCTV recording of the Council’s stormwater main within/adjacent to the proposed development, along with photos of any drainage structures to be connected to or modified, must be submitted to Council prior to the commencement of work.
The postconstruction CCTV recording and photos will be relied upon to establish the extent of any damage caused to Council’s stormwater infrastructure during construction. If the owner/developer fails to provide Council with preconstruction CCTV recording then any damage to Council’s infrastructure identified in the postconstruction CCTV recording will be deemed to be the responsibility of the owner.
Reason for condition
To ensure that any of the Council infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.
ENG sw2.2
A postconstruction CCTV recording of the Council’s stormwater main within/adjacent to the proposed development, along with photos of any existing drainage structures connected to or modified as part of the development, must be submitted to Council upon completion of work.
The postconstruction CCTV recording and photos will be relied upon to establish the extent of any damage caused to Council’s stormwater infrastructure during construction. If the owner/developer fails to provide Council with preconstruction CCTV then any damage to Council’s infrastructure identified in the postconstruction CCTV will be deemed to be the responsibility of the owner.
Reason for condition
To ensure that any of the Council infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.
ENG sw4
The new stormwater connection must be constructed and existing abandoned connections sealed by the Council at the owner’s expense, prior to the first occupation.
Detailed engineering drawings must be submitted and approved, prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first). The detailed engineering drawings must include:
1. the location of the proposed connection; and 2. the size of the connection appropriate to satisfy the needs of the development.
All work required by this condition must be undertaken in accordance with the approved detailed engineering drawings.
Advice:
The applicant must submit detailed design drawings via the planning condition endorsement process, and once approved an application for a new stormwater connection must be completed.
Where building / plumbing approval is also required, it is recommended that documentation to satisfy this condition is submitted well before submitting documentation for building/plumbing approval. Failure to address planning condition requirements prior to submitting for building/plumbing approval may result in unexpected delays.
Reason for condition
To ensure the site is drained adequately.
ENG sw7
Stormwater detention for stormwater discharges from the development must be installed prior to commencement of use.
Plans and specifications to the satisfaction of the responsible authority for the stormwater detention system, must be submitted and approved prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first). The plans and specifications must:
1. Be prepared by a suitably qualified person 1. Include a detention system that limits flows from the site to a PSD of 3.5 L/s
All work required by this condition must be undertaken in accordance with the approved plans and specifications.
Advice:
Once the plans have been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure the capacity of the Council's drainage network is not exceeded
ENG 2a
Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.
Advice:
The Council does not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.
Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required in the parking module this area may be considered as a path of access to a building.
Reason for condition
To ensure the safety of users of the access driveway and parking module and compliance with the standard.
ENG 3a
The access driveway and parking module must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.
Advice: It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 3b
The access driveway and parking module design must be submitted and approved, prior to the issuing of any approval under the Building Act 2016.
The access driveway and parking module design must:
1. Be prepared and certified by a suitably qualified engineer, 2. Be generally in accordance with the Australian Standard AS/NZS2890.1:2004, 3. Where the design deviates from AS/NZS2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, and 4. Show the crossover as 5.5m wide, and 7.5m wide including transitions
Advice:
It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.
Once the design has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement) Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 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 commencement of use.
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 11
Prior to the commencement of use, the proposed crossover to the Whelan Crescent highway reservation must be designed and constructed in general accordance with:
1. LGAT Standard Drawing Urban TSDR09v1 – Urban Roads Driveways and TSD R14v1 Type KC vehicular crossing 2. LGAT Standard Drawing Footpath Urban Roads Footpaths TSDR11v1
Advice:
Local Government Association (LGAT) Tasmanian Standard Drawings (TSD) can be viewed electronically via the LGAT Website.
It is advised that designers consider the detailed design of the crossover, 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.
Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Road Services Engineer and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.
You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.
Reason for condition
In the interests of vehicle user safety and the amenity of the development.
ENG 1
Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:
1. Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or 2. Be repaired and reinstated by the owner to the satisfaction of the Council.
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.
ADVICE
The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
CONDITION ENDORSEMENT ENGINEERING
All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:
Value of Building Works Approved by Planning Permit Fee: Up to $20,000: $150 per application. Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.
These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.
Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.
Once confirmed, pleased call one of the City’s Customer Service Officers on 6238 2190 to make payment, quoting the reference number (ie. CEP number) of the Condition Endorsement you have lodged. Once payment is made, your engineering drawings will be assessed.
BUILDING PERMIT
You may need building approval in accordance with the Building Act 2016. Click here for more information.
This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.
PLUMBING PERMIT
You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.
NEW SERVICE CONNECTION
Please contact the Hobart City Council's City Amenity Division to initiate the application process for your new stormwater connection.
STORMWATER
Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.
WORK WITHIN THE HIGHWAY RESERVATION
Please note development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.
REDUNDANT CROSSOVERS
Redundant crossovers are required to be reinstated under the Hobart City Council’s Infrastructure By law. Click here for more information.
ACCESS
Designed in accordance with LGAT IPWEA – Tasmanian standard drawings. Click here for more information.
CROSS OVER CONSTRUCTION
The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.
STORMWATER / ROADS / ACCESS
Services to be designed and constructed in accordance with the (IPWEA) LGAT – standard drawings. Click here for more information.
WORK PLACE HEALTH AND SAFETY
Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentiallycontaminated soil, water, dust and vapours. Click here for more information.
PROTECTING THE ENVIRONMENT
In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click here for more information.
NOISE REGULATIONS
Click here for information with respect to noise nuisances in residential areas.
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-20-340
- 10 WHELAN CRESCENT WEST HOBART TAS 7000 - Planning Committee or Delegated
Report ⇩ 
Attachment
b: PLN-20-340
- 10 WHELAN CRESCENT WEST HOBART TAS 7000 - CPC Agenda Documents ⇩
|
Item No. 7.1.1 |
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 21 ATTACHMENT a |
|
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 71 ATTACHMENT b |
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 80 |
|
|
|
20/7/2020 |
|
7.1.2 409 Argyle Street, New Town - Front Fencing and Alterations to Access
Address: 409 Argyle Street, New Town
Proposal: Front Fencing and Alterations to Access
Expiry Date: 14 August 2020
Extension of Time: Not applicable
Author: Michaela Nolan
|
REcommendation That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for front fencing at 409 Argyle Street, New Town 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 PLN20233 409 ARGYLE STREET NEW TOWN TAS 7008 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
ENG 13
The fence taper (from 1.75m to 1.2m over the first 1.5m in length) must be installed within 60 days of the date of this permit.
Reason for condition
To ensure the safety of pedestrians whilst vehicles are entering and leaving the development.
ADVICE
The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
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.
|
Attachment a: PLN-20-233
- 409 ARGYLE STREET NEW TOWN TAS 7008 - Planning Committee or Delegated Report ⇩ 
Attachment
b: PLN-20-233
- 409 ARGYLE STREET NEW TOWN TAS 7008 - CPC Agenda Documents ⇩ 
Attachment
c: PLN-20-233
- 409 ARGYLE STREET NEW TOWN TAS 7008 - Planning Referral Officer Development
Engineering Report ⇩
Attachment
d: PLN-20-233
- 409 ARGYLE STREET NEW TOWN TAS 7008 - Planning Referral Officer Cultural
Heritage Report ⇩
|
Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 99 ATTACHMENT a |
|
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 116 ATTACHMENT b |
|
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 128 ATTACHMENT c |
|
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 129 ATTACHMENT d |
|
Item No. 7.1.3 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 131 |
|
|
20/7/2020 |
|
7.1.3 32 De Witt Street, Battery Point - Parial Demolition, Alterations and Extension
Address: 32 De Witt Street, Battery Point
Proposal: Partial Demolition, Alterations and Extension
Expiry Date: 25 August 2020
Extension of Time: Not applicable
Author: Victoria Maxwell
|
REcommendation That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations and extension at 32 DE WITT STREET BATTERY POINT TAS 7004 for the following reason:
1 The proposal does not meet the acceptable solution or the performance criterion with respect to clause E 13.7.1 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the proposed demolition of the original rear structural wall, associated window and openings would result in the loss of fabric and form that contribute to the cultural heritage significance of the place, and it has not been demonstrated that:
a) there are, environmental, social, economic or safety reasons of greater value to the community than the historic cultural heritage values of the place; b) there are no prudent and feasible alternatives; c) important structural or façade elements that can feasibly be retained and reused in a new structure, are to be retained; d) significant fabric is documented before demolition.
|
Attachment a: PLN-20-102
- 32 DE WITT STREET BATTERY POINT TAS 7004 - Planning Committee or Delegated
Report ⇩ 
Attachment
b: PLN-20-102
32 DE WITT STREET BATTERY POINT TAS 7004 CPC Agenda Documents ⇩ 
Attachment
c: PLN-20-102
- 32 DE WITT STREET BATTERY POINT TAS 7004 - Planning Referral Officer Cultural
Heritage Report ⇩
Attachment
d: PLN-20-102
32 DE WITT STREET BATTERY POINT TAS 7004 - Applicant's Consultant Planning
Report in Support of Proposal ⇩ 
|
Item No. 7.1.3 |
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 152 ATTACHMENT a |
|
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 154 ATTACHMENT b |
|
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 176 ATTACHMENT c |
|
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 185 ATTACHMENT d |
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 196 |
|
|
|
20/7/2020 |
|
7.1.4 324 Davey Street, South Hobart - Alterations (Deck) to Previously Approved Development
Address: 324 Davey Street, South Hobart
Proposal: Alterations (Deck) to Previously Approved Development
Expiry Date: 20 August 2020
Extension of Time: Not applicable
Author: Michaela Nolan
|
REcommendation That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations (deck) to previously approved development at 324 Davey Street, South 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 PLN20304 324 DAVEY STREET SOUTH HOBART TAS 7004 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
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.
NOISE REGULATIONS
Click here for information with respect to noise nuisances in residential areas.
|
Attachment a: PLN-20-304
- 324 DAVEY STREET SOUTH HOBART TAS 7004 - Planning Committee or Delegated
Report ⇩ 
Attachment
b: PLN-20-304
- 324 DAVEY STREET SOUTH HOBART TAS 7004 - CPC Agenda Documents ⇩ 
|
Item No. 7.1.4 |
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 212 ATTACHMENT a |
|
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 234 ATTACHMENT b |
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 239 |
|
|
|
20/7/2020 |
|
7.1.5 22 Byron Street, Sandy Bay - Outbuilding
Address: 22 Byron Street, Sandy Bay
Proposal: Outbuilding
Expiry Date: 31 July 2020
Extension of Time: Not applicable
Author: Cameron Sherriff
|
REcommendation That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for an outbuilding at 22 Byron Street, 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 PLN20336 22 BYRON STREET SANDY BAY TAS 7005 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.
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.
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-20-336
- 22 BYRON STREET SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩ 
Attachment
b: PLN-20-336
- 22 BYRON STREET SANDY BAY TAS 7005 - CPC Agenda Documents ⇩
Attachment
c: PLN-20-336
- 22 BYRON STREET SANDY BAY TAS 7005 - Planning Referral Officer Cultural
Heritage Report ⇩
|
Item No. 7.1.5 |
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 251 ATTACHMENT a |
|
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 253 ATTACHMENT b |
|
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 255 ATTACHMENT c |
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 256 |
|
|
|
20/7/2020 |
|
8. Reports
8.1 Proposed Changes to Delegations to Determine Development Applications
Memorandum of the Manager Development Appraisal and the Director City Planning of 15 July 2020 and attachments.
Delegation: Council
|
Item No. 8.1 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 261 |
|
|
20/7/2020 |
|
Memorandum: City Planning Committee
Proposed Changes to Delegations to Determine Development Applications
Updated Memorandum
Elected Members will recall that an earlier version of this memorandum was considered by the City Planning Committee on 15 June 2020 and the item was deferred by the Council on 22 June 2020 for further consideration.
This
memorandum:
· includes the alternative proposals by the Deputy Lord Mayor; and
· includes an additional delegation to allow the General Manager and Director City Planning to make a determination of an application in circumstances where the Council has not been able to make a determination due to a tied vote.
The earlier version of this memorandum is replaced by this memorandum.
Background
Reference is made to the resolution made by the City Planning Committee on 28 October 2019, that:
2. Council
officers further investigate delegation options for planning applications in
relation to:
(i) Officer delegations;
(ii) City Planning Committee delegations; and
(iii) Council delegations.
The
current delegations have been reviewed. A table is attached (Attachment
A) which summarises both the existing and proposed delegations to:
1. the General Manager;
2. the Director City Planning;
3. the Manager Development Appraisal;
4. the Manager Planning Policy and Heritage; and
5. the Senior Statutory Planner.
The table shows:
· existing delegations in black text;
· proposed delegations in red text; and
· alternative proposed delegations by the Deputy Lord Mayor in blue text.
The broad difference between the proposed delegations by the Director City Planning and the Deputy Lord Mayor is that the Director has proposed further delegations to the General Manager, his role and Council officers, while the Deputy Lord Mayor proposes further delegations to the Committee.
Summary of Proposed Delegations
The proposals are, in summary:
1. Representations: Increase the number of representations which would trigger the consideration by the Council:
(a) Currently, where there are three (objecting) representations and a recommendation for approval, the application may be determined by the Committee. It is proposed:
(i) by the Director – where there are five (objecting) representations, the application may be determined by the City Planning Committee and if there are four or less, the application may be determined by the General Manager, Director or Council officers; and
(ii) by the Deputy Lord Mayor – where there are three to five (objecting) representations, the application may be determined by the Committee (with no change to the delegations to the General Manager, Director or Council officers).
(b) Currently, a development application with four or more representations opposing a proposal must be determined by the Council – it is proposed by both the Director and the Deputy Lord Mayor to increase this to six or more (objecting) representations.
2. Council Applications: Applications which are made by the Council are currently all determined by the Council. It is proposed:
(a) by the Director – if there are no (objecting) representations, the application would be determined by the General Manager, Director or Council officers;
(b) by the Deputy Lord Mayor – if there are no (objecting) representations, the application would be determined by the Committee; and
(c) there is no change proposed by the Director or the Deputy Lord Mayor if there are any (objecting) representations – the application would continue to be determined by the Council.
3. Council Land: Applications which are made in relation to Council land are currently all determined by the Council. It is proposed for applications made in relation to the road reservation:
(a) by the Director – if there are four or less (objecting) representations, the application would be determined by the General Manager, Director or Council officers or if there are five or more representations then the application would be determined by the Council; and
(b) by the Deputy Lord Mayor – these applications would be determined by the Committee unless recommended for refusal.
4. Subdivisions: Subdivisions are currently determined by the Council where there is a proposal for more than one new lot. It is proposed:
(a) by the Director – this is increased to more than three lots for the Council and otherwise determined by the General Manager, Director or Council officers; and
(b) by the Deputy Lord Mayor – one new lot would continue to be determined by the General Manager, Director or Council officers and all others to be determined by the Committee.
5. All recommendations for refusal (where time allows) are still to be determined by the Council, and the Elected Members still maintain the right to call any application in to be determined by the Council.
The proposed delegations by the Director are attached (Attachment B).
The proposed delegations by the Deputy Lord Mayor are attached (Attachment C).
Impact of Director’s Proposed Delegations
An analysis has been carried out which suggests that this may decrease the number of applications considered by the Council by half. The proposed changes to the delegations is not expected to remove particularly contentious applications.
As an example, of the 7 applications determined by the Director under the expanded COVID-19 delegation over a 2 month period, 5 of those would be able to be determined under the proposed delegations:
· 2 where the Council was the applicant;
· 3 where the applications related to Council land; and
· 1 application which attracted 3 representations.
Delegation for Tied Vote
If the Council has considered an application but has not made a decision, as a result of a tied vote, the Director City Planning will make a decision which follows the recommendation of the Council’s officers.
There is no change proposed to this process, except a new delegation is proposed to apply specifically in this circumstance. The delegation which is currently relied upon in this scenario relies on the statutory time frame expiring and the Director making a determination prior to the applicant making an application to the Resource Management and Planning Appeal Tribunal pursuant to section 59. If a section 59 application is made before the Director makes the determination then the Council faces the risk of costs of an appeal to the Tribunal. The additional proposed delegation removes this risk and allows the Director to make a determination before the expiry of the statutory time frame.
Power to Delegate
The power to make delegations is contained in s.6(3) of the Land Use Planning and Approvals Act 1993 (LUPAA), which states:
A planning authority may, by resolution, delegate any of its functions or powers under this Act other than this power of delegation to a person employed by the authority.
The relevant power which would be delegated is the power to grant a planning permit pursuant to s.57 of LUPAA (discretionary permits) and s.58 of LUPAA (permitted permits), where certain requirements are met.
|
That: 1. The Council, pursuant to section 6(3) of the Land Use Planning and Approvals Act 1993, delegate the functions and powers detailed in Attachment B to this report.
|
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.
|
Karen Abey Manager Development Appraisal |
Neil Noye Director City Planning |
Date: 15 July 2020
File Reference: F20/72893
Attachment a: Summary
table of current and proposed - including DLM's proposed amendment ⇩ 
Attachment
b: Proposed
delegations ⇩
Attachment
c: Deputy
Lord Mayor's proposed delegations ⇩ 
|
Item No. 8.1 |
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 265 ATTACHMENT a |
|
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 269 ATTACHMENT b |
|
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 273 ATTACHMENT c |
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 274 |
|
|
|
20/7/2020 |
|
8.2 Visitor Accommodation Mapping - 1 January 2020 - 30 June 2020
Memorandum of the Director City Planning of 15 July 2020 and attachment.
Delegation: Committee
|
Item No. 8.2 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 275 |
|
|
20/7/2020 |
|
Memorandum: City Planning Committee
Visitor Accommodation Mapping - 1 January 2020 - 30 June 2020
At its meeting on 14 August 2017, the Council requested a report be prepared on a six monthly basis in relation to the location of approvals of self-contained visitor accommodation.
Attached is the report showing approvals from the period 01 January to 30 June 2020.
|
That: 1. That the information be received and noted.
|
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.
|
Neil Noye Director City Planning |
|
Date: 15 July 2020
File Reference: F20/74303
Attachment a: Visitor_Accommodation_July_2020 ⇩ 
|
Item No. 8.2 |
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 276 ATTACHMENT a |
|
Item No. 8.3 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 277 |
|
|
20/7/2020 |
|
8.3 City Planning - Advertising Report
Memorandum of the Director City Planning of 14 July 2020 and attachment.
Delegation: Committee
|
Item No. 8.3 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 278 |
|
|
20/7/2020 |
|
Memorandum: City Planning Committee
City Planning - Advertising Report
Attached is the advertising list for the period 22 June 2020 to 10 July 2020.
|
That: 1. That the information be received and noted.
|
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.
|
Neil Noye Director City Planning |
|
Date: 14 July 2020
File Reference: F20/74127
Attachment a: City
Planning - Advertising Report ⇩
|
Item No. 8.3 |
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 283 ATTACHMENT a |
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 284 |
|
|
|
20/7/2020 |
|
8.4 Delegated Decisions Report (Planning)
Memorandum of the Director City Planning of 14 July 2020 and attachment.
Delegation: Committee
|
Item No. 8.4 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 285 |
|
|
20/7/2020 |
|
Memorandum: City Planning Committee
Delegated Decisions Report (Planning)
Attached is the delegated planning decisions report for the period 23 June 2020 to 10 July 2020.
|
That: 1. That the information be received and noted.
|
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.
|
Neil Noye Director City Planning |
|
Date: 14 July 2020
File Reference: F20/74232
Attachment a: Delegated
Decisions Report (Planning) ⇩
|
Item No. 8.4 |
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 287 ATTACHMENT a |
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 288 |
|
|
|
20/7/2020 |
|
9. Committee Action Status Report
A report indicating the status of current decisions is attached for the information of Elected Members.
REcommendation
That the information be received and noted.
Delegation: Committee
|
Item No. 9.1 |
Agenda (Open Portion) City Planning Committee Meeting - 20/7/2020 |
Page 295 ATTACHMENT a |
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 296 |
|
|
|
20/7/2020 |
|
Regulation 29(3) Local Government
(Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
The General Manager reports:-
“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.
The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”
10.1 City Planning Committee - Decisions
File Ref: F20/21960; 13-1-10
Memorandum of the Director City Planning of 13 July 2020.
Delegation: Committee
|
That the information be received and noted.
|
|
Item No. 10.1 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 298 |
|
|
20/7/2020 |
|
Memorandum: Lord Mayor
Deputy Lord Mayor
Elected Members
Response to Question Without Notice
City Planning Committee - Decisions
|
Meeting: City Planning Committee
|
Meeting date: 17 February 2020
|
|
Raised by: Deputy Lord Mayor Burnet |
|
Question:
Can the Director please advise over the past ten years, how many decisions of this committee were tied, and when? How many tied final decisions at Council level fell to the original officer recommendation?
Response:
There were thirteen tied decisions of the City Planning Committee over the past ten years.
The applicable dates being:
7 February 2011
6 June 2011
18 July 2011
14 November 2011
4 June 2012
29 October 2012
22 April 2013
1 June 2015
30 November 2015
15 February 2016
28 November 2016
16 July 2018
1 October 2018
There were five tied Council decisions over the past ten years that fell to the original officer recommendation.
The applicable dates being:
22 November 2010
7 December 2015
23 October 2017
1 April 2019
6 July 2020
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.
|
Neil Noye Director City Planning |
|
Date: 13 July 2020
File Reference: F20/21960; 13-1-10
|
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 299 |
|
|
20/7/2020 |
|
Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
An Elected Member may ask a question without notice of the Chairman, another Elected Member, the General Manager or the General Manager’s representative, in line with the following procedures:
1. The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.
2. In putting a question without notice, an Elected Member must not:
(i) offer an argument or opinion; or
(ii) draw any inferences or make any imputations – except so far as may be necessary to explain the question.
3. The Chairman must not permit any debate of a question without notice or its answer.
4. The Chairman, Elected Members, General Manager or General Manager’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.
5. The Chairman may require a question to be put in writing.
6. Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.
7. Where a response is not able to be provided at the meeting, the question will be taken on notice and
(i) the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.
(ii) a written response will be provided to all Elected Members, at the appropriate time.
(iii) upon the answer to the question being circulated to Elected Members, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.
|
|
Agenda (Open Portion) City Planning Committee Meeting |
Page 300 |
|
|
20/7/2020 |
|
