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Agenda (Open Portion)

City Planning Committee Meeting

Page 3

6/6/2022

Agenda (Open Portion)

City Planning Committee Meeting

Page 6

6/6/2022

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 23 May 2022, are submitted for confirming as an accurate record.

Agenda (Open Portion)

City Planning Committee Meeting

Page 7

6/6/2022

Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 31

6/6/2022

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition, new building for food services, signage, subdivision (lot consolidation), and associated works at 209 ­ 217 Harrington Street, Hobart 7000 for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­20­651 ­ 209­213 HARRINGTON STREET & 215 ­ 217 HARRINGTON STREET HOBART TAS 7000 ­ Final 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 2021/02071­HCC dated 10/12/2021 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 15

A demolition waste management plan must be implemented throughout demolition.

A demolition waste management plan must be submitted and approved as a Condition Endorsement, prior to commencement of work on the site. The demolition waste management plan must include provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

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

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.

It is recommended that the developer liaise with the Council’s City Resilience Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill. Further information can also be found on the Council’s website.

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards.

PLN 10

The signage must only be illuminated during the approved hours of operation.

Advice:

Refer to condition PLN 6 for the approved hours of operation.

Reason for condition

To clarity the scope of the permit.

PLN 14

Noise emissions from the use measured at the boundary of a residential zone must not exceed the following:

a)      55dB(A) (LAeq) between the hours of 7.00 am to 7.00 pm;

b)      5dB(A) above the background (LA90) level or 40dB(A) (LAeq), whichever is the lower, between the hours of 7.00 pm to 7.00 am;

c)      65dB(A) (LAmax) at any time.

Measurement of noise levels must be in accordance with the methods in the Tasmanian Noise Measurement Procedures Manual, issued by the Director of Environmental Management, including adjustment of noise levels for tonality and impulsiveness.

Noise levels are to be averaged over a 15 minute time interval.

Reason for the condition

To ensure noise emissions stated in the application are not exceeded and do not have an unreasonable impact on residential amenity.

PLN 17

The security lighting must operate in accordance with Australian Standard AS 4282 ­ Control of the obtrusive effects of outdoor lighting.

Reason for condition

To ensure that the non­residential use does not unreasonably impact residential amenity.

PLN 6

The use must not be open to the public outside of the following hours:

7.00 am to 10.00 pm Mondays to Saturdays inclusive

7.00 am to 9.00 pm Sundays and Public Holidays

Reason for condition

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

PLN s2

A landscape plan must be prepared for the site by a suitably qualified landscape architect. Prior to the issue of any approval (excluding demolition, excavation and works up to the ground floor slab) under the Building Act 2016, the plan must be submitted and approved as a Condition Endorsement with the inclusion of the following specific elements:

1.     Additional sections of vegetation (can be supported by a trellis or similar) adjoining the glazed sections of the awning on both frontages and equal to the full height of the glazing.

2.     Vegetation screening to a minimum height of 1.8m above the drive­ through driveway level at the north­eastern corner of the Patrick Street frontage of the site. The vegetation must be able to adequately diffuse vehicle headlights, provide screening properties and be effective prior the use of the drive­through.

Prior to occupancy, the person who prepared the plan, or another suitably qualified person, must confirm that the planting has been installed in accordance with the approved landscaping plan. The landscaping must be maintained for the life of the development.

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

In the interest of streetscape

PLN s4

Prior to the issue of any approval under the Building Act 2016 (excluding demolition, excavation and works up to the ground floor slab), revised plans must be submitted and approved as a Condition Endorsement showing:

1.      The rear wall of the planter adjoining the glazed sections of the awning raised to height of 1m above the drive­through driveway level.

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

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

In the interest of the streetscape

ENG 12

A Construction Waste Management Plan must be implemented throughout construction.

The Construction Waste Management Plan must be submitted and approved as a Condition Endorsement, prior to the issue of any approval under the Building Act 2016 or commencement of work (whichever occurs first). The submitted plan must;

1.       Demonstrate how provisions for commercial waste services, to facilitate the handling, storage, transport, and disposal of all construction solid waste and recycle bins from the development, are provided.

All work required by this condition must be undertaken in accordance with the approved Construction Waste Management Plan.

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 solid waste management from the site meets the Council’s requirements and standards.

ENG sw1

Prior to first occupation or commencement of use (whichever occurs first), 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.

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 sw6

All stormwater from the proposed development (including roofs, ag drains and hardstand runoff) must be discharged to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first). All costs associated with works required by this condition are to be met by the owner.

Design drawings and calculations of the proposed stormwater drainage and connections to the Council's stormwater infrastructure must be submitted and approved prior to the commencement of work. The design drawings and calculations must:

1.      prepared by a suitably qualified person; and

2.      include long section(s)/levels and grades to the point of discharge.

3.      demonstrate as much as practicable is drained via gravity

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

Reason for condition

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

SW 7

Prior to occupancy or the commencement of the use (whichever occurs first), any new stormwater connection must be constructed and existing redundant connection(s) be abandoned and sealed at the owner’s expense.

Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), detailed engineering drawings must be submitted via the City of Hobart’s online request form which is available on its website and approved. The detailed engineering drawings must include:

1.      the location of the proposed connections and all existing connections / disposal points. The existing shared private stormwater outlet must be abandoned within the site.

2.      the size and design of the connection such that it is appropriate to service the development to the 5% ARI event;

3.      long­sections of the proposed connection clearly showing clearances from any nearby services, cover, size, gradient, material, manhole at the junction with the main, and delineation of public and private infrastructure;

4.      be substantially in accordance with the Local Government Association of Tasmania: Tasmanian Municipal Standard Drawings (May 2020), as varied by the City of Hobart’s published departures from those Drawings

All work required by this condition must be undertaken in accordance with the approved detailed engineering drawings.  The approved stormwater connection documents must be included in your plumbing permit application document set and listed in accompanying forms.

SW 9

Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater pre­treatment and detention for stormwater discharges from the development must be installed.

A stormwater management report and design must be submitted and approved, prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). The stormwater management report and design must be prepared by a suitably qualified engineer and must:

1.     include detailed design of the proposed treatment train, including estimations of contaminant removal compared to those in Table E7.1 in HIPS. Treatment from the carpark/ driveway must target gross pollutants, fine sediments and hydrocarbons.

2.     include detailed design and supporting calculations of the detention tank showing:

1.       detention tank sizing such that there is no increase in flows from the developed site to the receiving system up to the critical 5% AEP event and no worsening of flooding;

2.       the layout, the inlet and outlet (including long section), outlet size, overflow mechanism and invert level;

3.       the discharge rates and emptying times; and

4.       all assumptions must be clearly stated;

3.     include a supporting maintenance plan, which specifies the required maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.

ENG 13

Prior to first occupation or commencement of use (whichever occurs first), an ongoing waste management plan (including storage and removal) for all commercial waste and recycling generated on site must be implemented.

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards.

ENG tr2

A Construction Traffic and Parking Management Plan must be implemented prior to the commencement of any work on site (including demolition).

The Construction Traffic and Parking Management Plan must be submitted and approved as a Condition Endorsement, prior to the issue of any approval under the Building Act 2016 (including demolition) or commencement of work (whichever occurs first).

The submitted plan must;

1.      Be prepared by a suitably qualified person,

2.      Develop a communications plan to advise the wider community of the traffic and parking impacts during construction,

3.      Include a start date and finish dates of various stages of works,

4.      Include times that rigid vehicles, and other commercial traffic associated with the works, will be allowed to operate, and

5.      Nominate a superintendent (or the like) responsible for the implementation of the approved plan, and must be available as a direct contact to the City of Hobart and/or community members regarding day­ to­day operations, including any immediate issues or hazards that may arise.

All work required by this condition must be undertaken in accordance with the approved Construction Traffic and Parking Management Plan.

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.

Note the term 'Traffic' includes (but isn't limited to) cars, public transport vehicles, service vehicles, pedestrians, and cyclists, in the context of this condition.

Reason for condition

To ensure the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

ENG 2a

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS 1170.1:2002 must be installed to prevent vehicles running off the edge of parking areas where the drop from the edge of the trafficable area to a lower level is 600mm or greater, wheel stops must be installed for drops between 150mm and 600mm, and kerbs for drops less than 150mm. Physical controls must be installed where necessary, and must;

1.      not limit the parking areas approved by this permit, and

2.      be in accordance with the Australian Standard AS/NZS 2890.1:2004.

Advice:

The wheel stops at right angles within the proposed parking bays shown must be installed at an appropriate distance with respect to Section 2.4.5.4 of AS/NZS 2890.12004.

Reason for condition

To ensure the safety of users of the access driveway and parking module and compliance with the standard.

ENG 3b

Prior to first occupation or commencement of use (whichever occurs first), the parking area (access driveway, circulation roadways, and parking modules/bays) must be constructed in accordance with the detailed designs approved by this Condition (ENG 3b).

Detailed design drawings must be submitted and approved as a Condition Endorsement, prior to the issue of any approval under the Building Act 2016 (including demolition) or commencement of works (whichever occurs first).

The submitted drawings must;

1.      be prepared and certified by a suitably qualified engineer,

2.      be in general accordance with the Australian Standard AS/NZS 2890.1:2004,

3.      where the design deviates from AS/NZS 2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, and

4.      show typical dimensions, longitudinal sections, cross­sections, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement(s).

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

Reason for condition

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

ENG 3c

Prior to first occupation or commencement of use (whichever occurs first), a suitably qualified engineer must certify that the parking area has been constructed in accordance with design drawings approved by Condition ENG 3b.

Advice:

We strongly encourage you to speak to your engineer before works begin so that you can discuss the number and nature of the inspections they will need to do during the works in order to provide this certification.

If the parking area is not constructed as it has been approved then this may mean that the driveway will either be unsafe or will not function properly.

An example certificate is available on our website.

Reason for condition

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

ENG 4

Prior to first occupation or commencement of use (whichever occurs first), the approved parking area (access driveway, circulation roadways, and parking modules/bays) 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.

Reason for condition

To ensure the safety of users of the parking area, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

ENG 5

The number of off­street car parking spaces approved for use on site, by this permit, is Eighteen (18).

Prior to first occupation or commencement of use (whichever occurs first), all approved parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers, in accordance with the Australian Standard AS/NZS 2890.1 2004.

Reason for condition

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

ENG 5b

The number of bicycle parking spaces approved for use on site, by this permit, is Two (2).

Prior to first occupation or commencement of use (whichever occurs first), the approved bicycle parking facilities must be constructed in general accordance with the Australian Standard AS 2890.3:2015.

Reason for condition

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

ENG 9

The number of off­street parking for people with disabilities approved for use on site, by this permit, is Two (2).

Prior to first occupation or commencement of use (whichever occurs first), all car parking spaces for people with disabilities must be delineated in accordance with requirements of the Australian Standard AS/NZS AS/NZS 2890.6:2009.

Reason for condition

In the interests of vehicle user safety and the amenity of the development.

ENG 11

Prior to first occupation or commencement of use (whichever occurs first), the redundant crossover along the Patrick Street highway reservation must be reinstated as approved by this permit, in general accordance with;

1.      LGAT Standard Drawing ­ Urban ­ TSD R14­v3 Type KC vehicular crossing.

Advice:

Local Government Association (LGAT) Tasmanian Standard Drawings (TSD) can be viewed electronically via the LGAT Website.

Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Program Leader Road Services and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.

You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.

Reason for condition

In the interests of vehicle user safety and the amenity of the development.

ENG 1

Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:

1.      Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or

2.      Be repaired and reinstated by the owner to the satisfaction of the Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

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

Reason for condition

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

ENG r3

Prior to the commencement of use, the proposed access driveway (crossover) on the Harrington Street highway reservation must be designed and constructed in accordance with;

·        Urban ­ TSD­R09­v3 – Urban Roads Driveways and TSD R14­v3 Type KC vehicular crossing;

·        Footpath ­ Urban Roads Footpaths TSD­R11­v3.

Detailed design drawings must be submitted and approved as a Condition Endorsement prior to the issue of any approval under the Building Act 2016 (including demolition) or commencement of works (whichever occurs first).

The submitted drawings must:

1.      Show the cross and longitudinal section of the access driveway (crossover) within the highway reservation and onto the property;

2.      Detail any services or infrastructure (i.e. light poles, pits, awnings) at or near the proposed access driveway (crossover);

3.      Show reinstatement of the entire access driveway (crossover) on the Patrick Street highway reservation in accordance with LGAT standard design(s);

4.      Show that vehicular and pedestrian sight distances in general accordance with AS/NZS 2890.1 2004; and

5.      Be prepared and certified by a suitable qualified person, to satisfy the above requirements.

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

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.

Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Road Services Engineer and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.

Reason for condition

To ensure that works will comply with the Council’s standard requirements.

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.

HER 6

All recommendations of the Statement of Archaeological Potential and Archaeological Method Statement specified in HER s1 must be undertaken in accordance with the advice prepared by the suitably qualified archaeologist.

All and any onsite excavation and disturbance must be monitored in accordance with the above reports, and,

1.      A qualified archaeologist must be engaged to undertake archaeological excavations and provide advice and assessment of the features and/or deposits discovered and make recommendations on all and further excavation and/or disturbance; and the site and provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

2.      All and any recommendations made by the archaeologist engaged in accordance with 1. above must be complied with in full; and

3.      All features and/or deposits discovered must be reported to the Council with 1 day of the discovery; and

4.      A qualified archaeologist must undertake an audit of bulk archaeological material such as worked sandstone blocks, 19th century bricks or cobblestones suitable for reused. These bulk archaeological materials must be retained on site unless approval for removal to a secure site is given by Council.

5.      A copy of the archaeologist's advice, assessment and recommendations obtained in accordance with 1. 2. and 4 above must be provided to Council within 60 days of receipt of the advice, assessment and recommendations.

Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

Reason for condition

To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence.

HER 7

All artefacts of high interpretative value and/or rare or otherwise significant as determined by the qualified archaeologist engaged in accordance with Condition HER 6 must be incorporated into an on­site interpretation and history

An interpretation plan must be prepared and submitted and approved by

Council prior to commencement of construction.

The on­site interpretation must be:

·        in accordance with the approved interpretation plan, incorporate the artefacts described above;

·        located in a publicly accessible space; and

·        installed prior to the issue of a certificate of completion.

Reason for condition

To ensure that there is public benefit from archaeological investigations.

HER 8

The audit report prepared in accordance with condition HER 6 must be submitted and approved as a Condition Endorsement prior to the commencement of building work.

The audit report must also demonstrate how the finds described in HER 6 sub­ clause 4 are to be incorporated into the development in landscaping, vertical or horizontal surfaces or other designed or decorative features. Revised plans must be submitted and approved as part of the Condition Endorsement process showing the recommendations of the audit report in accordance with the above requirement.

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

Advice:

This conditions 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 archaeological evidence is retained, protected and preserved or otherwise appropriately managed.

HER s1

Prior to any archaeological works commencing, a full Statement of Archaeological Potential and an Archaeological Method Statement must be prepared by a suitably qualified archaeologist.

Reason for condition

To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence.

HER s2

Prior to the commencement of archaeological works, an interpretation and historical information panel must be submitted and approved as a Condition Endorsement, describing the physical and social history of the site in words, plans and historical picture/s and provide information on the process and intention of the archaeological works. Copies of the approved panel must be displayed on all boundaries facing onto the public realm on the commencement and for the length of the archaeological works to the satisfaction of the Council

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 there is public benefit from archaeological investigations.

SURV 16

The titles comprising the development site (CT 52394/1, CT 52395/1, CT 232390/1, CT 203787/1, CT 197488/1 and CT 247958/1) are to be adhered in accordance with the provisions of Section 110 of the Local Government (Building and Miscellaneous Provisions) Act 1993, to the satisfaction of the Council prior to the issue of any building consent, building permit (including demolition) and/or plumbing permit pursuant to the Building Act 2016 (if applicable), or the commencement of works on site (whichever occurs first).

Advice:

The application for an adhesion order to the Council has a fee of $300. Evidence will be required that the owners and mortgagees do not object to the adhesion and the condition is considered completed when a copy of the receipt for the Land Titles Office lodgement slip for the adhesion order has been received by the Council.