Supplementary Agenda of City Planning Committee Meeting

Item No. 12

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 5

14/9/2020

Memorandum: City Planning Committee

6/8 De Witt Street, Battery Point - Partial Change of Use to Visitor Accommodation - ETA-20-129

Introduction:

This memorandum relates to a request to extend the time period to substantially commence planning permit PLN18405 (the permit) for Partial Change of Use to Visitor Accommodation at 6/810 De Witt Street, Battery Point.

The original planner's report, final planning documents, and documentation submitted with this extension of time application are provided as attachments to this report.

Background:

On 30 July 2018, approval was granted under delegated authority for partial Change of Use to Visitor Accommodation at 6/810 De Witt Street (the site). The property is located within the Battery Point Heritage Area (BP1).

The proposal was assessed against Planning Directive No. 2 Exemption for Standards for Visitor Accommodation in Planning Schemes and Code E6.0 Parking and Access Code under the Hobart Interim Planning Scheme 2015.

Planning Directive No. 2 Exemption for Standards for Visitor Accommodation in Planning Schemes was applicable at the time of assessment and allowed for visitor accommodation in the area dedicated under BP1 of the Hobart Interim Planning Scheme 2015.

There was one discretion:

1. No onsite car parking was proposed. Code E6.0 Parking and Access of the Hobart Interim Planning Scheme 2015 requires one onsite car parking space.

Two representations were lodged within the statutory advertising period. No appeal was lodged with the Resource Management and Planning Appeal Tribunal.

The applicant had until 30 July 2020 to substantially commence the proposal under the planning permit. The use has not commenced to date.

The applicant has requested a four year extension of time (until 30 July 2024) in which to substantially commence the proposal. The request is made under Section 53(5)(a) and (b) of the Land Use Planning and Approvals Act 1993.

Planning Directive No. 2 Exemption for Standards for Visitor Accommodation in Planning Schemes was replaced by the (current) Planning Directive No. 6 Exemption for Standards for Visitor Accommodation in Planning Schemes, which came into effect 1 August 2018. The key changes relevant to this proposal are:

• new requirements for the consideration of visitor accommodation use that form part of a strata scheme (e.g. multiple dwellings or apartments) in residential zones in interim planning schemes;

• reinstating the limitations on visitor accommodation in Battery Point that were in place prior to 1 July 2017. Specifically, 2.0 Application states:

2.1 This planning directive applies to the following planning schemes:

(a) interim planning schemes that have been declared or made under the Land Use Planning and Approvals Act 1993 (the Act);

(b) notwithstanding 2.1(a), the area identified as Battery Point Heritage Precinct (BP1) in the Hobart Interim Planning Scheme 2015 is excluded from the application of 3.1(c), 3.1(d) and 3.1(e). it excludes the area identified as Battery Point Heritage Precinct

Therefore, based on 2.1(b) above, an application for visitor accommodation within the Battery Point Heritage Precinct (BP1) is prohibited. As stated above, the property is located in the Battery Point Heritage Precinct (BP1) and cannot be approved under delegation.

Evaluation:

Extension of time delegation

Usually, requests for extension of time to a permit are dealt with at an officer level under delegation. However, delegation can only be exercised at officer level when the 'strategic intent of the relevant planning scheme has not significantly changed'.

As stated above, the proposal was considered under the relevant provisions of Hobart Interim Planning Scheme and Planning Directive No. 2 Exemption for Standards for Visitor Accommodation in Planning Scheme which was superseded by Planning Directive No. 6 Exemption for Standards for Visitor Accommodation in Planning Schemes on 1 August 2018. If the provisions of the Hobart Interim Planning Scheme 2015 or the Planning Directive No. 2 Exemption for Standards for Visitor Accommodation in Planning Schemes has been superseded insofar as they are applicable to the proposal, delegation to grant the extension of time rests with the Council.

Strategic Intent of the Planning Scheme including Planning Directive No. 2 and No.6 Exemption for Standards for Visitor Accommodation in Planning Schemes

As stated above, the proposal was originally assessed under the Hobart Interim Planning Scheme and Planning Directive No. 2 Exemption for Standards for Visitor Accommodation in Planning Schemes. The unit in question is one of 9 multiple dwellings and two visitor accommodation units within a strata scheme in a building which has a total floor area in excess of 200sqm. The proposal originally triggered discretions under Code 6.0 Parking and Access Code, as it did not provide any onsite car parking.

Under the now in force Planning Directive No. 6 Exemption for Standards for Visitor Accommodation in Planning Schemes, the site remains within the Battery Point Heritage Precinct (BP1). The use is now prohibited under 2.1(b). Consequently, it is considered that the strategic intent of the use applicable to the site has changed from the former Planning Directive No. 2 Exemption for Standards for Visitor Accommodation in Planning Schemes to the Planning Directive No. 6 Exemption for Standards for Visitor Accommodation in Planning Schemes.

The applicant has requested that the Committee approve their request for an extension of time to commence the use on the following basis:

• the application is for the extension of an existing permit, not an entirely new permit, so no new right of privilege would be created by approving it for a further period; we simply seek to maintain the status quo;

• the unit is stylish and well equipped but small (essentially being a bedsit), so by its very nature it lends itself to short stay visitor accommodation rather than long term tenancy; indeed it seems to have purposely configured for such a use;

• we understand that before the recent redevelopment of 810 De Witt St and our purchase of unit 6, our unit and certain other units there had been used for short stay visitor accommodation as (so we have been led to believe) an adjunct of St Ives;

• the unit at the rear of 810 De Witt St building and shares access with just one other unit so visitors are unlikely to disturb or disrupt the amenity of other unit owners or that of the owners of adjoining properties;

• having stylish units like this available for short stay visitor accommodation give visitors to our State a wonderful opportunity to stay in the heart of, and enjoy, a special historical charms of one of Hobart's premier precincts; our unit is perfectly sited for this in terms of access to markets, eateries and parks etc, and moreover, it affords a great view of the mountain and a spectacular close up view of St George's spire; the tourist bus stop is just nearby;

• it was not so long ago that there was a serious shortage of short stay visitor accommodation in Hobart and property owners were being publicly encouraged by government to make their properties available for such use; indeed this was a factor we relied on in purchasing the unit; we note that the 'political winds' have since shifted but there can be little doubt that such zigzags in accommodation policy cause inequitable detriment to the persons thereby affected; and

• when we contracted to purchase this unit in November 2017 there was no indication that a policy barring short term visitor accommodation in Battery Point would be introduced and we had hoped to have the option of hosting visitors to our wonderful State and that this would be an interesting and enjoyable interest for us in our retirement years, especially as we have ourselves have much enjoyed staying in similar short stay accommodation in some special places overseas.

The change in the use being permitted under Planning Directive No. 2 Exemption for Standards for Visitor Accommodation in Planning Schemes to prohibited under

the Planning Directive No. 6 Exemption for Standards for Visitor Accommodation in Planning Schemes represents a significant change to the strategic intent of the scheme provisions applicable to the site. Therefore, delegation to approve the extension of time to the permit rests with the Council.

Conclusion:

The strategic intent of the planning provisions applicable to the site has significantly changed from the former Planning Directive No. 2 Exemption for Standards for Visitor Accommodation in Planning Schemes to the Planning Directive No. 6 Exemption for Standards for Visitor Accommodation in Planning Schemes, on the basis that visitor accommodation in the Battery Point Heritage Area (BP1) is now prohibited. If the planning application were lodged today Council would be bound to refuse it. On that basis the extension of time request is also recommended for refusal.

If the City Planning Committee grants the extension of time request, the applicant will have until the 30 July 2022 to substantially commence the proposal.

If the City Planning Committee refuses to grant the extension of time request, the applicant is unable to lodge a new development application as the use is prohibited in the Battery Point Heritage Area (BP1).

There is no provision under the Act to appeal an extension of time refusal.

REcommendation

That the Council refuse the extension of time request lodged under Section 53(5)(b)(c) of the Land Use Planning Approval Act 1993 in respect of PLN18415.

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.

Deanne Lang

Development Appraisal Planner

Ben Ikin

Senior Statutory Planner

Date: 10 September 2020

File Reference: F20/98737

Attachment a: ETA-20-129 - 6/8-10 DE WITT STREET BATTERY POINT TAS 7004 - Original Planner Report ⇩

Attachment b: ETA-20-129 - 6/8-10 DE WITT STREET BATTERY POINT TAS 7004 - Final Planning Documents ⇩

Attachment c: ETA-20-129 - 6/8-10 DE WITT STREET BATTERY POINT TAS 7004 - Applicant Cover Letter ⇩

Item No. 13

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 42

14/9/2020

13 284-284 A Argyle Street, North Hobart - Partial Demolition, Alterations, Signage and Change of Use to Resource Processing, Food Services and General Retail Hire

PLN-20-323 - FILE REF: F20/99104

Address: 284 – 284A ARGYLE STREET, NORTH HOBART

Proposal: Partial Demolition, Alterations, Signage and Change of Use to Resource Processing, Food Services and General Retail and Hire

Expiry Date: 21 September 2020

Extension of Time: Not applicable

Author: Michael McClenahan

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, signage and change of use to resource processing, food services and general retail and hire at 284 284A Argyle Street 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 PLN20323 284 284A ARGYLE STREET NORTH HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2020/00759HCC dated 16/06/2020 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 13

Music and recorded sound must not be played external to the building.

Reason for condition

To ensure noise emissions do not cause environmental harm and do not have an unreasonable impact on residential amenity.

PLN 14

The noise generated by the approved use and development must not cause environmental harm when measured at the boundary of the Inner Residential zone.

Advice: It is recommended that the doors to the 'front of house' component of the propose use and development remain closed as much as practicable to mitigate noise impacts on residential amenity.

Reason for the condition

To ensure noise emissions do not cause environmental harm and do not have an unreasonable impact on residential amenity.

PLN 6

The following hours of operation are approved for the various components of the use.

Manufacturing/Distillery/Brew House:

7am to 7pm Monday to Sunday and Public Holidays (excluding Good Friday and Christmas Day).

Front of House/Tasting Area:

12 noon to 10:30pm Monday to Sunday and Public Holidays (excluding Good

Friday and Christmas Day).

External Overflow/Special Events/Summer Trading Area:

12 noon to 9pm Monday to Sunday and Public Holidays (excluding Good

Friday and Christmas Day).

Advice: It is noted that:

· In relation to the manufacturing/distillery/brew house, in the majority of cases, the Manufacturing only happens two days a week and will most likely be Monday to Friday

· In relation to the front of house/tasting area, last drinks will be 10pm. The 30 minute buffer is to get patrons out the door and close up.

· In relation to the external overlflow/special events/summer trading area, this area is not serviced and will not have speakers etc.

Reason for condition

To ensure that nonresidential use does not unreasonably impact on residential amenity

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, impervious surfaces such as 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 proposal 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 the issuing of any approval under the Building Act 2016 or commencement of works (which ever occurs first). The detailed design must:

1. Demonstrate how the design will maintain the overland flow path, 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 a longsection of Council's stormwater main clearly showing proposed cover. If the cover is less than 600mm, engineering details and full calculations to relevant Australian standards (including construction traffic loading) must be submitted to demonstrate the mains can withstand the likely forces and will be adequately protected. All assumptions must be stated.

4. Be certified 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 13

An ongoing waste management plan for all commercial waste and recycling/compost bins must be implemented post construction.

A detailed waste management plan must be submitted and approved, prior to the issuing of any approval under the Building Act 2016 or commencement of works (which ever occurs first), to the satisfaction of the Council's Director City Planning. The waste management plan must:

1. Include details for the handling of waste (i.e. placement of bins on collection day) within Council's highway reservation.

2. Include details of the quantity and type/size of bins.

All work required by this condition must be undertaken in accordance with the approved waste management plan.

Advice: Should you have any queries in relation to formulating a solid waste management plan Council staff can assist with the development of a waste management plan outlining Council's requirements. Please contact the Council’s Customer Liaison Officer, on Phone 6278 0273.

Once the waste management plan has 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 that solid waste management from the site meets the Council’s requirements and standards.

ENG 3a

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

Advice:

· It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

Reason for condition

To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.

ENG 3c

The access driveway and parking module (parking spaces and manoeuvring area) must be constructed in accordance with the JMG documentation received by the Council on the 2nd June 2020.

Reason for condition

To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.

ENG 5

The number of car parking spaces approved on the site, for use is two (2).

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with

Australian Standards AS/NZS 2890.1 2004 and AS/NZS 2890.6: 2009, prior to first occupation.

Reason for condition

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

ENG 6

The number of bicycle parking spaces approved on the site is a minimum of five (5).

The bicycle parking areas must be constructed on the site compliant with the Australian Standards AS/NZS 2890.3:2015 prior to the commencement of the use.

Reason for condition

To ensure safe and efficient parking adequate to provided for the use.

ENG 12

Prior to the first occupation/commencement of use, the reinstatement of the existing section of redundant crossover at the frontage of the "Food Services" area to footpath, kerb and gutter within the Argyle Street highway reservations must be constructed substancially in accordance with:

1. LGAT Standard Drawing TSD R11v2 Urban Roads Footpaths ASPHALT; and

2. LGAT Standard Drawing TSD R14v2 Approved Concrete Kerbs and

Channles Profile Dimensions TYPE KC.

Advice: Modified crossover to LGAT Standard Drawing TSDR09v2 – Urban Roads Driveways Single width crossover (3.6m wide excluding wings) located centrally to the entry access point (Resource Processing).

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.

ENG s2

Approval from Council's Director City Planning must be obtained prior to the issue of any consent under the Building Act 2016 (excluding demolition or excavation) for any changes to the existing on street parking arrangements in Argyle Street.

Advice:

· All works will be at the developer's expense. Please contact Council's City Infrastructure Division Manager Traffic Engineering with regard to the application process for any changes to the on street parking arrangements in Davey Street.

· Any request to temporarily or permanently remove any sensor requires a written application to be submitted to the Parking Operations Unit.

· https://www.hobartcity.com.au/Cityservices/Parking/IntegratedParking

System/DialBeforeYouDigParkingSensors

Reason for condition

To ensure that relevant approvals are obtained.

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.

PUBLIC HEALTH

You may be required to provide approved/endorsed plans for a food business fit out, in accordance with the National Construction Code Building Code of Australia including Tas Part H102 for food premises which must have regard to the FSANZ Food Safety Standards. Click here for more information.

FOOD BUSINESS REGISTRATION

Food business registration in accordance with the Food Act 2003. 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 a road closure permit for construction or special event. Click here for more information.

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

PLANNING

It is recommended that the onsite Bicycle Parking Area remain welllit during evening operations so as to avoid creation of concealment points and minimise risk to employees and patrons.

STORM WATER

Council notes that the site is subject to the severe overland flooding and all external doors should be outward opening and sealed to be flood proofed to withstand flood depth. Only the top half of the door should be glazed to minimise the internal flood damage.

ACCESS

Designed in accordance with LGAT IPWEA – Tasmanian standard drawings. Click here for more information.

CROSS OVER CONSTRUCTION

The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.

RIGHT OF WAY

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

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

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.

NOISE REGULATIONS

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

WASTE DISPOSAL

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill.