City
of hobart
AGENDA
City Planning Committee Meeting
Open Portion
Monday, 7 March 2022
at 5:00 pm
Council Chamber, Town Hall
City
of hobart
AGENDA
City Planning Committee Meeting
Open Portion
Monday, 7 March 2022
at 5:00 pm
Council Chamber, Town Hall
Working together to make Hobart a better place for the community.
THE VALUES
The Council is:
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People |
We care about people – our community, our customers and colleagues. |
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Teamwork |
We collaborate both within the organisation and with external stakeholders drawing on skills and expertise for the benefit of our community. |
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Focus and Direction |
We have clear goals and plans to achieve sustainable social, environmental and economic outcomes for the Hobart community. |
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Creativity and Innovation |
We embrace new approaches and continuously improve to achieve better outcomes for our community. |
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Accountability |
We are transparent, work to high ethical and professional standards and are accountable for delivering outcomes for our community. |
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Agenda (Open Portion) City Planning Committee Meeting |
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Business listed on the agenda is to be conducted in the order in which it is set out, unless the committee by simple majority determines otherwise.
APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6. Planning Authority Items - Consideration of Items With Deputations
7. Committee Acting as Planning Authority
7.1 Applications under the Hobart Interim Planning Scheme 2015
8.1 City Planning - Advertising Report
8.2 Delegated Decision Report (Planning)
9. Responses To Questions Without Notice
9.1 Hotel Rooms - Short Term Accommodation
9.2 3 Greenlands Avenue - Heritage Officer Report
11. Closed Portion Of The Meeting
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Agenda (Open Portion) City Planning Committee Meeting |
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City Planning Committee Meeting (Open Portion) held Monday, 7 March 2022 at 5:00 pm in the Council Chamber, Town Hall.
This meeting of the City Planning Committee is held in accordance with a
Notice issued by the Premier on 3 April 2020 under section 18 of the COVID-19
Disease Emergency (Miscellaneous Provisions) Act 2020.
The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).
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COMMITTEE MEMBERS Deputy Lord Mayor Burnet (Chairman) Alderman J Briscoe Councillor W F Harvey Alderman S Behrakis Councillor M Dutta Councillor W Coats
NON-MEMBERS Lord Mayor Councillor A M Reynolds Alderman M Zucco Alderman Dr P T Sexton Alderman D C Thomas Councillor J Fox Councillor Dr Z Sherlock |
Apologies:
Leave of Absence: Nil.
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The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 21 February 2022, are submitted for confirming as an accurate record.
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Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
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That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Members of the Committee are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.
Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.
A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.
In the event that the Committee transfer an item to the closed portion, the reasons for doing so should be stated.
Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?
In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer is to arrange the agenda so that the planning authority items are sequential.
In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.
Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.
RECOMMENDATION
That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.
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Agenda (Open Portion) City Planning Committee Meeting |
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In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.
In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Committee is reminded that in order to comply with Regulation 25(2), the Chief Executive Officer is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.
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Agenda (Open Portion) City Planning Committee Meeting |
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7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.1 3/13 Wayne Avenue, Sandy Bay and Common Land Of Parent Title - Change of Use to Visitor Accommodation
Address: 3/13 Wayne Avenue, Sandy Bay and Common Land of Parent Title
Proposal: Change of Use to Visitor Accommodation
Expiry Date: 22 March 2022
Extension of Time: Not applicable
Author: Michael McClenahan
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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 a change of use to visitor accommodation, at 3/13 Wayne Avenue, Sandy Bay 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 PLN2246 3 / 13 WAYNE AVENUE, SANDY BAY Final Planning Documents, except where modified below.
Reason for condition To clarify the scope of the permit.
PLN 18 Prior to the commencement of the approved use, a management plan for the operation of the visitor accommodation must be submitted and approved as a Condition Endorsement, to the satisfaction of the Council's Director City Life. The management plan must include measures to limit, manage and mitigate unreasonable impacts upon the amenity of long term residents. These measures must include, but are not limited to, the following requirements:
1. To
limit, manage, and mitigate noise generated as a result of the visitor
accommodation. 2. To
limit, manage, and mitigate behavioural issues caused as a result of the
visitor accommodation. 3. To
maintain the security of the building where the visitor accommodation would
be located, including managing and/or limiting access to shared areas and
facilities. 4. To
specify the maximum permitted occupancy of the visitor accommodation. 5. To provide a name and contact phone number of a person who will respond to any complaints regarding behaviour of guests. If the property is sold the Visitor Accommodation Management Plan (VAMP) must be updated with new contact details.
Once approved, the management plan must be implemented prior to the commencement of the approved use and must be maintained for as long as the visitor accommodation is in operation. The VAMP must be provided to adjacent property owners and occupiers within 14 days of being approved. If the property is sold, the updated VAMP (in accordance with 5. above) must be provided to adjacent property owners and occupiers within 10 business days of settlement.
Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
Reason for condition To ensure that visitor accommodation does not cause an unreasonable loss of residential amenity.
PLN s1 Onsite car parking must be located within the carport of the dwelling which is approved for the visitor accommodation use.
Reason for condition To clarify the scope of the permit.
ADVICE The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
CONDITION ENDORSEMENT If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services eplanning portal. Detailed instructions can be found here. A fee of 2% of the value of the works for new public assets (storm water infrastructure, roads and related assets) will apply for the condition endorsement application.
Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).
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.
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.
VISITOR ACCOMMODATION More information on visitor accommodation, including when building approval is required, can be found here.
In all cases, check with your insurance company that you have adequate cover.
If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.
If you have a spa or a pool at your property then you are required to test for microbiological quality and chemical parameters on a monthly basis, under the Public Health Act 1997. If you have any questions about this then please call our Environmental Health team on 6238 2711.
If you are providing food for consumption on the property, you may require a food business registration in accordance with the Food Act 2003. Click here for more information, or call our Environmental Health team on 6238 2711.
You are encouraged to have in place a management plan for the operation of the visitor accommodation. The management plan should include measures to limit, manage and mitigate unreasonable impacts upon the amenity of permanent residents, including addressing issues like noise, waste management, customer behaviour, security, and maximum occupancy. Visitor accommodation is also considered to be a commercial use and also not eligible to residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed change of use to visitor accommodation would not entitle the property to a residential parking permit, or a transferable “bed and breakfast” parking permit.
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Attachment a: PLN-22-46
- 3/13 WAYNE AVENUE SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩ 
Attachment
b: PLN-22-46
- 3 13 WAYNE AVENUE SANDY BAY TAS 7005 & COMMON LAND OF PARENT TITLE - CPC
Agenda Documents ⇩
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Item No. 7.1.1 |
Agenda (Open Portion) City Planning Committee Meeting - 7/3/2022 |
Page 24 ATTACHMENT a |
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Agenda (Open Portion) City Planning Committee Meeting - 7/3/2022 |
Page 42 ATTACHMENT b |
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Agenda (Open Portion) City Planning Committee Meeting |
Page 46 |
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7.1.2 1/4 Sunvale Avenue, Sandy Bay and Common Land Of Parent Title - Partial Change of Use to Visitor Accommodation
Address: 1/4 Sunvale Avenue, Sandy Bay and Common Land of Parent Title
Proposal: Partial Change of Use to Visitor Accommodation
Expiry Date: 28 April 2022
Extension of Time: Not applicable
Author: Deanne Lang
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REcommendation That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial change of use to visitor accommodation at 1/4 Sunvale Avenue, Sandy Bay 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 PLN-21-782 1/4 SUNVALE AVENUE SANDY BAY TAS 7005 Final Planning Documents except where modified below.
Reason for condition To clarify the scope of the permit.
PLN 18 Prior to the commencement of the approved use, a management plan for the operation of the visitor accommodation must be submitted and approved as a Condition Endorsement, to the satisfaction of the Council's Director City Life. The management plan must include measures to limit, manage and mitigate unreasonable impacts upon the amenity of long term residents. These measures must include, but are not limited to, the following requirements:
1. To
limit, manage, and mitigate noise generated as a result of the visitor
accommodation. 2. To
limit, manage, and mitigate behavioural issues caused as a result of the
visitor accommodation. 3. To
maintain the security of the building where the visitor accommodation would
be located, including managing and/or limiting access to shared areas and
facilities. 4. To
specify the maximum permitted occupancy of the visitor accommodation. 5. To provide a name and contact phone number of a person who will respond to any complaints regarding behaviour of guests. If the property is sold the Visitor Accommodation Management Plan (VAMP) must be updated with new contact details.
Once approved, the management plan must be implemented prior to the commencement of the approved use and must be maintained for as long as the visitor accommodation is in operation. The VAMP must be provided to adjacent property owners and occupiers within 14 days of being approved. If the property is sold, the updated VAMP (in accordance with 5. above) must be provided to adjacent property owners and occupiers within 10 business days of settlement.
Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
Reason for condition To ensure that visitor accommodation does not cause an unreasonable loss of residential amenity.
PLN s1 Onsite car parking must be located within the carport of the dwelling which is approved for the Visitor Accommodation Use.
Reason for condition To clarify the scope of the permit.
ADVICE The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
CONDITION ENDORSEMENT If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services eplanning portal. Detailed instructions can be found here.
A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application. Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).
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.
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.
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.
VISITOR ACCOMMODATION More information on visitor accommodation, including when building approval is required, can be found here.
In all cases, check with your insurance company that you have adequate cover.
If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.
If you have a spa or a pool at your property then you are required to test for microbiological quality and chemical parameters on a monthly basis, under the Public Health Act 1997. If you have any questions about this then please call our Environmental Health team on 6238 2711.
If you are providing food for consumption on the property, you may require a food business registration in accordance with the Food Act 2003. Click here for more information, or call our Environmental Health team on 6238 2711.
Visitor accommodation is also considered to be a commercial use and also not eligible to residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed change of use to visitor accommodation would not entitle the property to a residential parking permit, or a transferable “bed and breakfast” parking permit.
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Attachment
a: PLN-21-782
- 1/4 SUNVALE AVENUE SANDY BAY TAS 7005 - Planning Committee or Delegated
Report ⇩ 
Attachment
b: PLN-21-782
- 1/4 SUNVALE AVENUE SANDY BAY TAS 7005 & COMMON LAND OF PARENT TITLE - CPC
Agenda Documents ⇩
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Item No. 7.1.2 |
Agenda (Open Portion) City Planning Committee Meeting - 7/3/2022 |
Page 74 ATTACHMENT a |
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Agenda (Open Portion) City Planning Committee Meeting - 7/3/2022 |
Page 82 ATTACHMENT b |
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Agenda (Open Portion) City Planning Committee Meeting |
Page 85 |
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8. Reports
8.1 City Planning - Advertising Report
Memorandum of the Director City Planning of 23 February 2022 and attachment.
Delegation: Committee
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Item No. 8.1 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 86 |
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Memorandum: City Planning Committee
City Planning - Advertising Report
Attached is the advertising list for the period 9 February 2022 to 22 February 2022.
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That: 1. That the information be received and noted.
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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.
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Neil Noye Director City Planning |
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Date: 23 February 2022
File Reference: F22/16965
Attachment a: City
Planning - Advertising Report ⇩ 
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Agenda (Open Portion) City Planning Committee Meeting |
Page 90 |
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8.2 Delegated Decision Report (Planning)
Memorandum of the Director City Planning of 2 March 2022 and attachment.
Delegation: Committee
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Item No. 8.2 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 91 |
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Memorandum: City Planning Committee
Delegated Decision Report (Planning)
Attached is the delegated planning decisions report for the period 14 February 2022 to 25 February 2022.
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That: 1. That the information be received and noted.
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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.
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Neil Noye Director City Planning |
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Date: 2 March 2022
File Reference: F22/19170
Attachment a: Delegated
Decision Report (Planning) ⇩ 
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Agenda (Open Portion) City Planning Committee Meeting |
Page 93 |
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Regulation 29(3) Local Government
(Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
The Chief Executive Officer reports:-
“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.
The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”
9.1 Hotel Rooms - Short Term Accommodation
File Ref: F22/13406; 13-1-10
Memorandum of the Director City Planning of 22 February 2022.
9.2 3 Greenlands Avenue - Heritage Officer Report
File Ref: F22/13410; 13-1-10
Memorandum of the Director City Planning of 16 February 2022.
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That the information be received and noted.
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Delegation: Committee
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Item No. 9.1 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 95 |
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memorandum: Lord
Mayor
Deputy lord Mayor
Elected members
Hotel Rooms - Short Term Accommodation
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Meeting: City Planning Committee
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Meeting date: 7 February 2022
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Raised by: Councillor Coats |
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Question:
Can the Director advise how many hotel rooms have been currently taken off the market to accommodate covid quarantining purposes?
Response:
The four hotels within the Hobart Municipality that are currently being utilised for quarantining purposes are, Travelodge Hobart, 131 rooms, the Hotel Ibis, 296 rooms, the Best Western, 140 rooms and the Rydges Hotel, 63 rooms; providing a total of 630 rooms.
An extract from the Premier of Tasmania's Press Release of 18 February 2022 has advised that:
Given now that we have opened our borders, with the majority of cases that we're seeing, flattening as they are, but with the majority of cases that we're seeing with people now recovering at home and not needing to use our hotels, it means that we no longer have a need for the number of quarantine hotels that we have in place.
So, over coming weeks, the Department of Communities will discontinue the use of the Travel Lodge in Hobart City, the Travel Lodge at Hobart Airport, that'll take effect in March, as well as Rydges, the Best Western in Hobart, along with the Edgewater Hotel in Devonport, and they'll be discontinued at the end of the coming month of March.
This will leave three remaining hotels, the Ibis in Hobart, Pepper’s Seaport in Launceston and the Sunrise Hotel in Devonport which will continue to be used for people who are unable to isolate at home or don't have a suitable premise to isolate.
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.
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Neil Noye Director City Planning |
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Date: 22 February 2022
File Reference: F22/13406; 13-1-10
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Item No. 9.2 |
Agenda (Open Portion) City Planning Committee Meeting |
Page 97 |
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memorandum: Lord
Mayor
Deputy lord Mayor
Elected members
3 Greenlands Avenue - Heritage Officer Report
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Meeting: City Planning Committee
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Meeting date: 7 February 2022
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Raised by: Alderman Briscoe |
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Question:
Can the Director provide an answer as to why the Heritage Officer was unable to provide clarity around the recommendation clause listed on the cover of the report?
Response:
This proposal was recommended for refusal and the substance of the report provided clear reasons to support the recommendation. The works were done illegally and retrospective approval was sought. No amendments to the works were proposed or considered.
The title to the report stated “Proposal is unacceptable, however subject to design amendments or submission of additional information it may become acceptable”. The incorrect option was accidentally selected in the assessment system, rather than simply “Proposal is unacceptable”. Measures have been put in place to avoid this error occurring in future.
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.
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Neil Noye Director City Planning |
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Date: 16 February 2022
File Reference: F22/13410; 13-1-10
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Agenda (Open Portion) City Planning Committee Meeting |
Page 98 |
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Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
An Elected Member may ask a question without notice of the Chairman, another Elected Member, the Chief Executive Officer or the Chief Executive Officer’s representative, in line with the following procedures:
1. The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.
2. In putting a question without notice, an Elected Member must not:
(i) offer an argument or opinion; or
(ii) draw any inferences or make any imputations – except so far as may be necessary to explain the question.
3. The Chairman must not permit any debate of a question without notice or its answer.
4. The Chairman, Elected Members, Chief Executive Officer or Chief Executive Officer’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.
5. The Chairman may require a question to be put in writing.
6. Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.
7. Where a response is not able to be provided at the meeting, the question will be taken on notice and
(i) the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.
(ii) a written response will be provided to all Elected Members, at the appropriate time.
(iii) upon the answer to the question being circulated to Elected Members, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.
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