Minutes (Open Portion)

City Planning Committee Meeting

Page 2

25/7/2022

Minutes (Open Portion)

City Planning Committee Meeting

Page 7

25/07/2022

DUTTA

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 4 July 2022 and the Special City Planning Committee meeting held on Monday, 11 July 2022, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Harvey

Behrakis

Dutta

Minutes (Open Portion)

City Planning Committee Meeting

Page 20

25/07/2022

7.1.1   25 Salamanca Place, 39 Salamanca Place, 41 Salamanca Place and Adjacent Road Reserve - Alterations (External Lighting)

That pursuant to regulation 11 of the Local Government (Meeting Procedures) Regulations 2015 the motion lapsed due to the lack of a quorum and the Director City Life noted that the item will be listed on an agenda for a Special meeting of the City Planning Committee to be held on 1 August 2022.

7.2.1   36 Federal Street, North Hobart - Dwelling

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Officer and the Senior Statutory Planner of 15 July 2022, 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 36 Federal Street, North Hobart 7000, for the reasons outlined in the officer’s report attached to item 7.2.1 of the Open City Planning Committee agenda of 25 July 2022 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 PLN­21­661 ­ 36 FEDERAL STREET NORTH HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 19

Cranes or other temporary structures used in the construction of the approved development must not create an obstruction or hazard for the operation of aircraft.

Advice:

Further advice about whether the development will or will not create an obstruction or hazard can be obtained by contacting the Civil Aviation Safety Authority, the Department of Health and Human Services (rhhfmeadmin@ths.tas.gov.au, (03) 6166 8832) and the helipad/helicopter operator (Rotorlift, chiefpilot@rotorlift.com.au, (03) 6248 4117

Please be aware of the possibility of downdraft conditions in the Royal Hobart Hospital Heli Airspace / flightpath area from operating helicopters on any crane lifts when any crane operation is taking place and consider this in Job Safety Analysis / Safe Work Method Statements.

Please consider the use of boom illumination or warning lights when operating in the Royal Hobart Hospital Heli Airspace / flightpath area as part of Job Safety Analysis / Safe Work Method Statements.

Reason for condition

To ensure that buildings do not interfere with safe aircraft operations in the vicinity of the Royal Hobart Hospital helipad.

PLN s1

Additional private open space must be provided for the sole use of the dwelling. It must be located on the ground level with a minimum area of 10m2 and is to be sited between 'bedroom 2' (as per the Final Planning Documents) and the rear wall of the existing building on the site.

Reason for condition

To ensure the dwelling has sufficient private open space

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 3b

Detailed designs of the parking area must be submitted and approved via a Condition Endorsement, prior to the issue of any approval under the Building Act 2016 or commencement of works (whichever occurs first). The detailed designs submitted 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.         must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, where the design deviates from AS/NZS 2890.1:2004, and

4.         show typical sections, dimensions, levels, any gradients & transitions, and other details as Council deem necessary to satisfy the above requirement.

Prior to first occupation or commencement of use (whichever occurs first), the parking area must be constructed in accordance with the approved detailed designs.

Reason for condition

To ensure the safe and efficient use of the approved parking area, and compliance with the relevant the Australian Standards.

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 detailed designs approved under Condition ENG 3b.

Advice:

An example certificate is available on our website.

Reason for condition

To ensure the safe and efficient use of the approved parking area, and compliance with the relevant the Australian Standards.

ENG 4

Prior to first occupation or commencement of use (whichever occurs first), the parking area approved by this permit must be constructed to a sealed standard (spray seal, asphalt/bitumen, concrete, pavers, or equivalent Council approved) and surface drained to the Council's stormwater infrastructure.

Reason for condition

To ensure the safety of users of the driveway, turning areas, spaces etc., 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 Two (2).

Reason for condition

To ensure the provision of parking for the use is safe and efficient, and explicit clarification of the parking provisions approved.

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 17a

The colour of the proposed garage door must not contrast with the proposed face brick EF­02 (as shown on drawing DA­26, Rev A, dated 9/9/21). It must be of a similar light colour tone as the proposed face brick.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing the proposed colour in accordance with the above requirement.

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

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

HER 17c

The external colours, materials and finishes of the approved development must be substantially in accordance with the approved plans. Any substantial change in the colours, materials and finishes requires further approval.

Reason for condition

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

HER 21a

The new driveway immediately adjacent to the heritage listed masonry house must be constructed to the following standards:

·          There must be a permeable, but trafficable surface treatment immediately adjacent to and along the full length of the heritage building’s side wall, no less than 150mm wide,

·          The depth of the permeable surface must be equal to the depth of the new driveway and subgrade beneath,

·          The new driveway surface must be sloped/ graded to channel surface water away from the listed building, and

·          The level of the permeable surface treatment and driveway must be lower than sub­floor vents (if any) and internal floor levels.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing levels, depth, setback from the house wall, and type and colour of the permeable surface treatment.

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

To avoid the creation of conditions conducive to rising damp in the heritage building and to ensure the visual character of the driveway is in keeping with the historic character of the place.

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.

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.

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.

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.

7.2.2   1 Ellerslie Road, Battery Point - Alterations

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 18 July 2022, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations at 1 Ellerslie Road, Battery Point 7004, for the reasons outlined in the officer’s report attached to item 7.2.2 of the Open City Planning Committee agenda of 25 July 2022 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 PLN­22­322 ­ 1 ELLERSLIE ROAD BATTERY POINT TAS 7004 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

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.

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.

HER 6

All onsite excavation and disturbance must be monitored. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

1.       All excavation and/or disturbance must stop immediately; and

2.      A qualified archaeologist must be engaged to attend the site and provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

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

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

5.      A copy of the archaeologist's advice, assessment and recommendations obtained in accordance with 2. above must be provided to Council within 30 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 17a

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved to demonstrate that the palette of exterior colours, materials and finishes reflect the palette of colours, materials and finishes within the place.

All work required by this condition must be undertaken in accordance with the approved 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. For additional advice regarding appropriate colours, materials and finishes, contact Council's Cultural Heritage Officer by calling 6238 2715.

Reason for condition

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

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.

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.

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.

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.

7.2.3   1/2-4 Flinders Lane, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accomodation

BEHRAKIS

That the recommendation contained in the report of the development Appraisal Planner and the Senior Statutory Planner of 18 July 2022, be adopted.

MOTION LOST

VOTING RECORD

DUTTA

That the City Planning Committee recommends that the Council refuse the application for a change of use to visitor accommodation at 1/2-4 Flinders Lane, Sandy Bay 7005 pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reason:

1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the Council refuse the application for a change of use to visitor accommodation at 1/2-4 Flinders Lane, Sandy Bay 7005 pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reason:

1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.

7.2.4   8 - 10 Downie Street, South Hobart - Change of Use to Visitor Accommodation

DUTTA

That the City Planning Committee recommends that the Council refuse the application for a change of use to visitor accommodation at 8–10 Downie Street, South Hobart pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reasons:

1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A1 or P1 of Planning Directive No. 6 because the gross floor area is in excess of 200m2, and the proposal is not compatible with the character and use of the area and would cause an unreasonable loss of residential amenity.
2. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.
3. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.1 A1 or P1 because the lack of on–site parking will not meet the reasonable needs of users, having regard to the matters listed in (a) to (m) of P1.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the Council refuse the application for a change of use to visitor accommodation at 8–10 Downie Street, South Hobart 7004 pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reasons:

1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A1 or P1 of Planning Directive No. 6 because the gross floor area is in excess of 200m2, and the proposal is not compatible with the character and use of the area and would cause an unreasonable loss of residential amenity.
2. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.
3. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.1 A1 or P1 because the lack of on–site parking will not meet the reasonable needs of users, having regard to the matters listed in (a) to (m) of P1.

7.2.5   1/35 Valley Street, West Hobart & Common Land of Parent Title & 37 Valley Street & Lot 0/40 Valley Street, West Hobart - Change of Use to Visitor Accommodation

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the senior Statutory Planner of 14 July 2022, be adopted.

MOTION LOST

VOTING RECORD

DUTTA

That the City Planning Committee recommends that the Council refuse the application for a change of use to visitor accommodation at 1/35 Valley Street, West Hobart 7000 pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reasons:

1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.
2. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.1 A1 or P1 because the lack of on–site parking will not meet the reasonable needs of users, having regard to the matters listed in (a) to (m) of P1.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the Council refuse the application for a change of use to visitor accommodation at 1/35 Valley Street, West Hobart 7000 pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reasons:

1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.
2. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.1 A1 or P1 because the lack of on–site parking will not meet the reasonable needs of users, having regard to the matters listed in (a) to (m) of P1.

8.1      State Planning Provisions Review - Feedback on Scoping Paper

PROCEDURAL MOTION

BEHRAKIS

That the item be deferred to enable the further consideration of issues for feedback to the State Government.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the item be deferred to enable the further consideration of issues for feedback to the State Government.

8.2      City Planning - Advertising Report

BEHRAKIS

That the recommendation contained in the memorandum of the Director City Life of 18 July 2022, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled City Planning – Advertising Report be received and noted.

8.3      Delegated Decision Report (Planning)

BEHRAKIS

That the recommendation contained in the memorandum of the Director City Life of 20 July 2022, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled Delegated Decision Report (Planning) be received and noted.

9.1      Committee Actions - Status Report

BEHRAKIS

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

11.1    Councillor Dutta - Proposed AFL Stadium

Question:    Can the Director advise that in regards to the proposed AFL Stadium has there been any chronology or historical discussions on planning for such a stadium?

Answer:    The Director City Life took the question on notice

13       1 Knopwood Street, Battery Point and Adjacent Road Reserve - Demolition and New Building for 26 Multiple Dwellings and Food Services and works within Council Road Reservation

PROCEDURAL MOTION

BRISCOE

That the item be deferred to allow further consultation between the applicant and representors.

MOTION LOST

VOTING RECORD

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 19 July 2022, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for a partial demolition and new building for 26 multiple dwellings and food services at 1 Knopwood Street Battery Point TAS 7004 for the following reasons:

1            The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the design and siting of the buildings results in detriment to the historic cultural heritage significance of the precinct as described in Table E13.2.

2            The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.4 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the site area per dwelling of the proposal detracts from the pattern of development that is a characteristic of the historic cultural heritage significance of the precinct in the vicinity of the site as described in Table E13.2.

3            The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.4 A3 or P3 of the Hobart Interim Planning Scheme 2015 because the building height is obtrusive in the streetscape and detracts from the pattern of development that is a characteristic of the precinct in the vicinity of the site as described in Table E13.2.

4            The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.4 A6 or P6 of the Hobart Interim Planning Scheme 2015 because the building detracts from the pattern of development that is a characteristic of the precinct in the vicinity of the site as described in Table E13.2.

5            The proposed cafe/wine bar is within the use class Food Services which is prohibited in the use Table at clause 11.2 of the Hobart Interim Planning Scheme 2015, because it is not within an existing building.