Agenda of City Planning Committee Meeting

Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 20

28/9/2020

7.1 Applications under the Hobart Interim Planning Scheme 2015

7.1.1 728 A Sandy Bay Road, Sandy Bay - Dwelling

PLN-20-308 - FILE REF: F20/102698

Address: 728 A Sandy Bay Road, Sandy Bay

Proposal: Dwelling

Expiry Date: 31 October 2020

Extension of Time: Not applicable

Author: Victoria Maxwell

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for dwelling at 728A SANDY BAY ROAD SANDY BAY TAS 7005 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 PLN20308 728A SANDY BAY ROAD SANDY BAY TAS 7005 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 2020/00732HCC dated 12/06/2020 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

The east facing windows must be low reflectivity glazing.

Reason for condition

To ensure the landscape values of the Derwent Estuary are protected.

PLN s2

No clearing of land within the Lower Sandy Bay Escarpment is approved, other than the removal of declared weeds.

Advice

For the purposes of this condition the Lower Sandy Bay Escarpment is as described in clause 12.4.10 of the Hobart Interim Planning Scheme 2015. It is the area seaward of the Lower Sandy Bay Escarpment Line.

Reason for condition

To ensure the landscape values of the Derwent Estuary are protected.

PLN s3

No part of the dwelling must extend seaward of the Lower Sandy Bay Escarpment Line.

Advice

For the purposes of this condition the Lower Sandy Bay Escarpment Line is as described in clause 12.4.10 of the Hobart Interim Planning Scheme 2015. It is the line closest to the River Derwent.

Reason for condition

To clarify the scope of the permit and to ensure the landscape values of the Derwent Estuary are protected.

PLN s4

The external colour palette must use subdued colours. Prior to the issue of any approval under the Building Act 2016 details of the proposed external colour palette (include samples) must be submitted and approved by the Director City Planning. All work required by this condition must be undertaken in accordance with the approved details.

Reason for condition

To ensure the landscape values of the Derwent Estuary are protected.

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, tank overflows 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).

Reason for condition

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

ENG sw2.1

A preconstruction structural condition assessment and visual record (e.g. video and photos) of the Council’s stormwater infrastructure adjacent to the proposed development, must be submitted to the Council prior to the commencement of work or issue of consent under the Building Act 2016 (whichever occurs first).

The condition assessment must include at least:

1. A Site Plan clearly showing the location of the investigation, with access points and all segments and nodes shown and labelled. Assets found to have a different alignment from that shown on Council's plans shall be marked on the ground and on the plan.

2. A digital recording of a CCTV Inspection and written condition assessment report in accordance with WSA 052013 Conduit Inspection Reporting Code of Australia. The recording must be in a 'Wincan’ compatible format.

3. Photos of any existing drainage structures connected to or modified as part of the development.

The CCTV recording 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 post construction 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 structural condition assessment and visual record (e.g. video and photos) of the Council’s stormwater main adjacent to the proposed development must be submitted to the Council upon completion of work and/or prior to commencement of use (whichever occurs first). The condition assessment must include at least:

3. Photos of any existing drainage structures connected to or modified as part of the development.

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 sw3

The proposed works including foundations and overhangs must be designed to ensure the protection of and access to the Council’s stormwater main along the boundary of 728A and 726A Sandy Bay Road.

A detailed design must be submitted and approved prior to the issuing of any consent under the Building Act 2016 or commencement of works (whichever occurs first). 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. 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 2a

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 (or a structurally designed wall) must be installed to prevent vehicles running off the edge of the eastern end of the carport.

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 parking area and turntable 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.

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 parking area and turntable design must be submitted and approved, prior to the issuing of any approval under the Building Act 2016.

The parking area and turntable 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;

4. Include full structural design and construction specifications of the proposed turntable; and

5. Show dimensions, levels, computations, and other details as Council deem necessary to satisfy the above requirement.

Advice

Design plans to satisfy this condition must be submitted via the Councils online portal as an application for condition endorsement (CEP).

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 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 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.

Any damage must be immediately reported to 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 2

Sediment and erosion control measures, sufficient to prevent sediment leaving the site and in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

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

Advice

Once the SWMP has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

To avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from 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.

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 2016.

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.

BUILDING OVER AN EASEMENT

In order to build over the service easement, you will require the written consent of the person on whose behalf the easement was created, in accordance with section 74 of the Building Act 2016.

PLANNING

The subject land may contain African Boxthorn (Lycium ferocissimum), which is a Declared Weed under the Weed Management Act 1999. Please refer to the following link dpipwe.tas.gov.au/invasivespecies/weeds/weedsindex/declared weedsindex/africanboxthorn for detailed information on it management, including control options.

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.

STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN

The design of structures (including footings) must provide protection for the Council’s infrastructure. For information regarding appropriate designs please contact the Council's City Amenity Division. You may need the General Manager's consent under section 13 of the Urban Drainage Act 2013 and consent under section 73 or 74 of the Building Act 2016.

STORMWATER / ROADS / ACCESS

Services to be designed and constructed in accordance with the (IPWEA) LGAT – standard drawings. 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.

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.

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-20-308 - 728A SANDY BAY ROAD SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-20-308 728A SANDY BAY ROAD SANDY BAY TAS 7005 - CPC Agenda Documents ⇩

Attachment c: PLN-20-308 728A SANDY BAY ROAD SANDY BAY TAS 7005 - CPC Supporting Documents - Preliminary Geo-technical report ⇩

Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 103

28/9/2020

7.1.2 12 Kelly Street, Battery Point- Partial Demolition, Alterations and Extension

PLN-20-488 - FILE REF: F20/102710

Address: 12 Kelly Street, Battery Point

Proposal: Partial Demolition, Alterations and Extension

Expiry Date: 1 October 2020

Extension of Time: Not applicable

Author: Helen Ayers

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for partial demolition, alterations and extension at 12 Kelly Street, Battery Point 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 PLN20488 12 KELLY STREET BATTERY POINT TAS 7004 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).

Any private or private shared stormwater system passing through thirdparty land must have sufficient receiving capacity.

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 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.

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.

HER 16

The proposed solid masonry walling to replace the wire fencing and vegetation on the northern boundary between the dwelling and the garage is not approved, and must be omitted from the building application drawings.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the walling in accordance with the above requirement.

All work required by this condition must be undertaken in accordance with the approved revised plans.

Advice:

It is noted that a solid side boundary fence / wall with a maximum building height of 2.1m above the natural ground level is exempt from requiring planning approval. Should you wish to construct a wall to this height it could be included in the building application drawings and would be considered to satisfy the above requirement.

Reason for condition

To ensure that development within a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

ADVICE

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

RIGHT OF WAY

The private right of way at the rear of the application site 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.

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.

HERITAGE

It is recommended the applicant consider in conjunction with other users of the rightofway, an alternative paint colour, such as red/brown/terracotta on the rear wall to provide continuity with the existing colours of adjoining and neighbouring walls.

Attachment a: PLN-20-488 - 12 KELLY STREET BATTERY POINT TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-20-488 - 12 KELLY STREET BATTERY POINT TAS 7004 - CPC Agenda Documents ⇩

Attachment c: PLN-20-488 - 12 KELLY STREET BATTERY POINT TAS 7004 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 141

28/9/2020

7.1.3 321 Churchill Avenue, Sandy Bay Adjacent Road Reserve - Partial Demolition, Alterations and Additions

PLN-20-350 - FILE REF: F20/100289

Address: 321 Churchill Avenue, Sandy Bay Adjacent Road Reserve

Proposal: Partial Demolition, Alterations and Additions

Expiry Date: 5 November 2020

Extension of Time: Not applicable

Author: Mark O’Brien

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for partial demolition, alterations and additions at 321 Churchill Avenue, Sandy Bay adjacent road reserve 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 PLN20350 321 CHURCHILL AVENUE SANDY BAY TAS 7005 Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 8

The front fence along the Churchill Avenue boundary must be no more than 1.2m in height above natural ground level to match the height of existing front fencing. Fencing must be supported independently from road infrastructure.

Reason for condition

To provide reasonable opportunity for privacy for dwellings and to maintain the streetscape.

ENG sw1

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 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.

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 r1

The front fence within the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings of the front fence within the Churchill Avenue highway reservation must be submitted and approved, prior to the commencement of work and must show that the fence is supported independently from road assets.

All work required by this condition must be undertaken in accordance with the approved design drawings and structural certificates.

Advice:

The applicant is required to submit detailed design documentation to satisfy this condition via 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 endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure that the stability and integrity of the Council’s highway reservation is not compromised by the development.

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 stabilised 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

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.

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 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.

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.

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

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-20-350 - 321 CHURCHILL AVENUE SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-20-350 - 321 CHURCHILL AVENUE SANDY BAY TAS 7005 - CPC Agenda Documents ⇩

Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 184

28/9/2020

7.1.4 21 Cross Street, New Town Adjacent Road Reserve - Partial Demolition, Bus Shelter and Associated Works

PLN-20-370 - FILE REF: F20/102757

Address: 21 Cross Street, New Town Adjacent Road Reserve

Proposal: Partial Demolition, Bus Shelter and Associated Works

Expiry Date: 1 October 2020

Extension of Time: Not applicable

Author: Helen Ayers

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for partial demolition, bus shelter and associated works at 21 Cross 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 PLN20370 21 CROSS STREET NEW TOWN TAS 7008 Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 6340 dated 16 September 2020, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

HER 17a

The palette of exterior colours and materials must reflect the palette of materials within the local streetscape and precinct.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing exterior colours and materials in accordance with the above requirement.

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

Reason for condition

To ensure that development at a (select relevant) heritage place/precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

ADVICE

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

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 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.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

You may require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Amenity Division to initiate the permit process).

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.

Further information regarding waste disposal can also be found on the Council’s website.

FEES AND CHARGES

Click here for information on the Council's fees and charges.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-20-370 - 21 CROSS STREET NEW TOWN TAS 7008 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-20-370 - 21 CROSS STREET NEW TOWN TAS 7008 - CPC Agenda Documents ⇩

Attachment c: PLN-20-370 - 21 CROSS STREET NEW TOWN TAS 7008 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 226

28/9/2020

Memorandum: City Planning Committee

Smoke - Free Hobart Project Update

The purpose of this memorandum is to provide elected members with an update on Smoke-free Hobart which was established following the Council resolution of 15 April 2019 to declare a smoke-free central business district.

Since the appointment of the Tobacco Project Officer (TPO) in August 2019, over 200 no smoking signs have been placed on footpaths, rubbish bins, poles and seats in smoke-free areas, as well as large temporary corflute signs erected from time to time in Hunter Street and Elizabeth Street Mall to raise awareness of existing and new smoke-free areas. Flyers have been distributed to all taxi companies, UTAS and cruise ship operators, as well as hand delivered to all businesses within the smoke-free central business district.

Daily patrols have been conducted since the commencement of the position, with many hundreds of people being spoken to and educated or issued a warning in both existing and new smoke-free areas. The Covid-19 pandemic interrupted the planned high profile launch of the smoke-free CBD, and this has required a significant re-think of the implementation plan. Following the shutdown of the city and the financial hardship for many that has followed, the gradual return to people to the CBD indicates that many people remain unaware of the new smoke-free areas. New people on a daily basis are spoken to and repeat offenders are a rarity.

As expected, some issues have arisen with smokers starting to form groups at locations just outside the designated smoke-free area. The TPO has endeavoured to work with affected businesses and individuals to reduce the impact of this. Smokers are appropriately moving outside of the boundary to smoke, however groups naturally form from time to time and smoke drift can impact pedestrians and workers.

Smoking in the bus mall continues to be problematic, and since the declaration of the CBD in April 2020 reducing smoking in Kemp Street / Purdy’s Mart, a traditional and long term smoking area, has been a focus with positive inroads being made. A total of 51 complaints have been received and addressed over this period.

Council has lobbied for an increase in the smoking distance from doorways from 3m to 5m. The Local Government Association of Tasmania considered this proposal at their 3 July 2019 meeting with the motion being carried. Advice from the Department of Health was that this suggestion was not supported as it would be difficult to enforce, and that an entire smoke-free CBD was seen as more effective. As previously advised, there has also been a delay at state government level in relation to the declaration of the Royal Hobart Hospital as a smoke-free area. Amendments to the Public Health Act 1997 in relation to this are scheduled to be introduced to Parliament in 2021.

In relation to the identification of additional smoke-free areas in the Hobart local government area, the city in partnership with the Menzies Institute is applying for a Health Tasmania Grant to conduct ongoing research and community consultation to examine the impact of the CBD declaration and any future expansion. If successful, the rigorous data captured through this project will enable evidence-based recommendations to be presented to the Council in future.

In the interim, the TPO is responding to requests for extensions to the existing boundaries by capturing the information and undertaking increased monitoring. Criteria is being developed to compliment any research data and enable a transparent assessment in relation to any future recommendations. The draft criteria are;

· Has there been a significant increase in the amount of smokers in the area as a consequence of the smoke free area?

· Is this likely to be a long term negative outcome or is it expected to be a short term displacement of smokers that is expected to diminish in time?

· Can this be resolved by using reasonable alternative measures to mitigate the problem?

· Does this impact the health of vulnerable people due to repeated exposure?

· Will inclusion of the smoke free area then result in significant impact to others?

The TPO currently provides representation on the Tasmanian Tobacco Coalition and has established relationships with relevant stakeholders including the Tasmanian Drug Education Network and Tasmanian Health Promotion Practices and Partnerships. Collaborative work is ongoing to support smoking cessation programs, an example being prior to the Covid-19 pandemic we partnered with Quit Tasmania to host carbon monoxide testing in the Mall.

REcommendation

That:

1. A further update to the City Planning Committee be provided in February 2021.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

Felicity Edwards

Manager Environmental Health

Date: 22 September 2020

File Reference: F20/78774

Item No. 8.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 233

28/9/2020

REPORT TITLE: Urban Design Advisory Panel - Membership

REPORT PROVIDED BY: Director City Planning

1. Report Purpose and Community Benefit

1.1. This report seeks approval for the appointment of five members for the Urban Design Advisory Panel.

1.2. Three positions were advertised in The Mercury on 22 August 2020. The positions that are required to be filled is the position of the chair, a member with both planning and urban design expertise and a member who currently holds an academic position in urban design. As per the Terms of Reference, these roles are for a tenure of three years.

1.3. Two positions were nominated by the Tasmanian Chapters of the Australian Institute of Architects and the Australian Institute of Landscape Architects as per the Terms of Reference, these roles are for a tenure of three years.

2. Report Summary

2.1. The Council, at its meeting on 24 February 2020, resolved to seek expressions of interest in the positions for the chairperson, the member with both planning and urban design expertise and the member who currently holds an academic position in urban design be called and the current incumbents be invited to nominate for these positions.

2.2. As a result of the expressions of interest process, five nominations were received, one nominated for the position of chairperson. Four of the nominations also sought to be considered for the position of the member with both planning and urban design and zero applications for the member with an academic position in urban design.

2.3. The Tasmanian Australian Institute of Architects and the Tasmanian Australian Institute of Landscape Architects each nominated one person from each Institute.

2.4. The respective nominations are

2.4.1. Chairperson

2.4.1.1. George Wilkie

2.4.2. Member with Planning and Urban Design Expertise

2.4.2.1. Fiona Abercrombie-Howroyd

2.4.2.2. Lucy Burke-Smith

2.4.2.3. Trent Henderson

2.4.2.4. Ian James (current member)

2.4.3. Member with an Academic Position in Urban Design

2.4.3.1. No applications received

2.4.4. Member nominated from the Tasmanian Australian Institute of Architects

2.4.4.1. Keith Drew

2.4.5. Member nominated from the Tasmanian Australian Institute of Landscape Architects

2.4.5.1. Susan Small

2.5. A copy of their respective nominations are attached (Attachment A).

2.6. Given the absence of a nomination for the new position on the panel for an academic in urban design it would be open to the Council to readvertise this position or to amend the terms of reference (Attachment B) and appoint two members with both planning and urban design experience.

2.7. Both the current Chair of the Urban Design Advisory Panel, Peter Curtis, and the member nominated by the Tasmanian Chapter of the Australian Institute of Architects, Jamieson Allom, will no longer continue as members. They have both been long standing members of the panel and their significant service to Council should be acknowledged

3. Recommendation

That:

1. In respect to the nominee for the Urban Design Advisory Panel as chairperson with urban design and public administration experience the Council appoint:-

(i) George Wilkie

2. In respect to the nominee for the Urban Design Advisory Panel with both planning and urban design experience the Council appoint either:-

(i) Fiona Abercrombie-Howroyd

(ii) Lucy Burke-Smith

(iii) Trent Henderson

(iv) Ian James

3. In respect to the nominee from the Tasmanian Australian Institute of Architects the Council appoint:-

(i) Keith Drew

4. In respect to the nominee from the Tasmanian Australian Institute of Landscape Architects the Council appoint:-

(i) Susan Small

5. Given the absence of a nomination for the member who is a current urban design academic the Council either

(i) readvertises the position for a further expressions of interest; or

(ii) amend the terms of reference and appoint two members with both planning and urban design experience; or

(iii) not proceed with appointing a member for this position.

6. That the Lord Mayor on behalf of the Council formally thank both Peter Curtis and Jamieson Allom for their significant service as members of the Urban Design Advisory Panel.

4. Background

4.1. The Urban Design Advisory Panel (UDAP) was formed in October 2011 to principally provide independent urban design advice to promote good design and quality urban environment. The Panel has six members with one allocated to the State Architect, however, this position remains unfilled by State Government since 2011.

4.2. The Council, at its meeting of 24 February 2020, resolved to seek expressions of interest in the positions for the chairperson, the member with both planning and urban design expertise and the member who currently holds an academic position in urban design be called and the current incumbents be invited to nominate for these positions.

Nominations requested from each from the Tasmanian Chapters of the Australian Institute of Architects and the Australian Institute of Landscape Architects.

4.3. Due to the Covid 19 pandemic advertising of the positions were deferred till 22 August 2020. As a result of the expressions of interest process, five nominations were received, one nominated for the position of chairperson. Four of the nominations sought to be considered for the position of the member with both planning and urban design. All five nominations meet the necessary qualification and experience for the respective positions.

5. Proposal and Implementation

5.1. Five eligible nominations were received for the two of the positions, no one applied for the position that the member hold an academic position in urban design. There was one applicant for the chairperson position and the current incumbent chairperson has not renominated. The remaining four applicants applied for the position the member with both planning and urban design.

5.2. The respective nominations are

5.2.1. Chairperson

5.2.1.1. George Wilkie

5.2.2. Member with Planning and Urban Design Expertise.

5.2.2.1. Fiona Abercrombie-Howroyd

5.2.2.2. Lucy Burke-Smith

5.2.2.3. Trent Henderson

5.2.2.4. Ian James

5.3. A copy of their respective nominations are attached (Attachment A).

5.4. The Council is required to select the successful nominees.

5.5. Given the absence of a nomination for the new position on the panel for an urban design academic it would be open to the Council to readvertise this position or to amend the terms of reference (Attachment B) and appoint two members with both planning and urban design experience. The Council could also resolve to leave the position vacant.

5.6. Both the current Chair of the Urban Design Advisory Panel, Peter Curtis, and the member nominated by the Tasmanian Chapter of the Australian Institute of Architects, Jamieson Allom, will no longer continue as members. They have both been long standing members of the panel and their significant service to Council should be acknowledged.

6. Strategic Planning and Policy Considerations

6.1. The Urban Design Advisory Panel assists the Council in delivering the following strategies that are outlined in the Capital City Strategic Plan 2019-29

Pillar 7.2 focuses on development that enhances Hobart’s unique identity, human scale and built heritage.

Pillar 7.2.5 Embrace opportunities to ensure new developments and redevelopments contribute to and reflect Hobart histories, heritage and culture.

Pillar 7.2.6 Advocate for the inclusion of public spaces and public infrastructure in large private developments.

The Urban Design Advisory panel assist Council in the delivery of these goals as it provides a “sounding board” for urban design policy that the City may wish to consider.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. The cost of sitting fees has been allocated within the Development Appraisal function budget.

7.2. Impact on Future Years’ Financial Result

7.2.1. The cost of sitting fees will be allocated within the Development Appraisal function budget for future years.

8. Legal, Risk and Legislative Considerations

8.1. The UDAP is an advisory body only and does not make any statutory decisions. However, as an advisory panel it needs to have suitably qualified and experience members and the nominations received for the positions satisfy that requirement.

9. Delegation

9.1. The appointment of members of the Urban Design Advisory Panel for the position of chairperson with suitable urban design and public administration experience and for the member with both planning and urban design expertise is a matter for the Council to determine.

9.2. Council to appoint the nominated members for each of the Tasmanian Australian Institute of Architects and the Tasmanian Australian Institute of Landscape Architects.

Neil Noye

Director City Planning

Date: 22 September 2020

File Reference: F20/101778

Attachment a: Nominations for Urban Design Advisory Panel-redacted ⇩

Attachment b: Urban Design Advsory Panel - Terms of Reference ⇩

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.