Minutes (Open Portion)

City Planning Committee Meeting

Page 2

28/9/2020

Minutes (Open Portion)

City Planning Committee Meeting

Page 5

28/09/2020

DUTTA

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 14 September 2020, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

Minutes (Open Portion)

City Planning Committee Meeting

Page 8

28/09/2020

7.1.1   728 A Sandy Bay Road, Sandy Bay - Dwelling

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 16 September 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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 attached to item 7.1.1 of the Open City Planning Committee agenda of 28 September 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise 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.

TW

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:

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 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).

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 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.

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

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 17 September 2020, be adopted, as amended by the addition of the following condition PLN s1 and advice clause:

“PLN s1

The finished height of the new southern boundary wall (adjacent to the courtyard at 14 Kelly Street) must be no greater than RL. 21000, including all required flashings, as shown in the plans which were part of the application including drawing no. A410 dated August 2020.  All external services on the roof of the property (such as air conditioning units and solar panels) must be positioned so that they do not create any further shadowing to the outdoor space on 14 Kelly Street, Battery Point.

Reason for condition

To clarify the scope of the permit.

Advice:

The Applicant should consider reducing the height of the new southern boundary wall (adjacent to the courtyard at 14 Kelly Street) to RL. 20850 (15cm lower than the approved height).”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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 attached to item 7.1.2 of the Open City Planning Committee agenda of 28 September 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise 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.

PLN s1

The finished height of the new southern boundary wall (adjacent to the courtyard at 14 Kelly Street) must be no greater than RL. 21000, including all required flashings, as shown in the plans which were part of the application including drawing no. A410 dated August 2020.  All external services on the roof of the property (such as air conditioning units and solar panels) must be positioned so that they do not create any further shadowing to the outdoor space on 14 Kelly Street, Battery Point.

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.

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre­existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council's infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or re­vegetated.

Advice:

For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

Reason for condition

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

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:

The Applicant should consider reducing the height of the new southern boundary wall (adjacent to the courtyard at 14 Kelly Street) to RL. 20850 (15cm lower than the approved height).

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.

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.

Attachments

a    Mr Chris Merridew - Tabled Information - 12 Kelly Street