Supplementary Agenda of City Planning Committee Meeting

Item No. 7

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 4

22/8/2022

7. 100 Pinnacle Road, Mount Wellington - Upgrade to Water Infrastructure (Fern Tree Bower)

PLN-22-138 - FILE REF: F22/83944

Address: 100 Pinnacle Road, Mount Wellington

Proposal: Upgrade to Water Infrastructure (Fern Tree Bower)

Expiry Date: 6 September 2022

Extension of Time: Not applicable

Author: Cameron Sherriff

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for upgrade to water infrastructure (Fern Tree Bower), at 100 Pinnacle Road, Fern Tree 7054 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 PLN22138 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 7948 dated 18 August 2022, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).

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

Advice:

Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.

Reason for condition

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

ENG 1

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

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

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

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

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

Reason for condition

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

ENV 9

All recommendations in section 4 of the Natural Values Assessment report by ERA Planning & Environment dated 2 November 2021 must be implemented.

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of biodiversity values

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 12

Any fixings into the external walls of the water system bower infrastructure should be with noncorrosive materials and into the mortar joints rather than the face of the stone or brick units. Penetrations for cables or pipes should also be through mortar joints where possible.

Reason for condition

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

HER 17a

The palette of exterior colours, materials and finishes must reflect the palette of colours, materials and finishes within the place / cultural landscape precinct. The electrical pitt service lids must be of a coloured finish similar to the track surface 'Tolosa Gold'.

Reason for condition

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

OPS s1

All recommendations and proposed methodologies in the Arboricultural Assessment by Element Tree Services dated 21 May 2021 must be implemented.

Before works commence, the tree protection zone extents of all swamp gums (Eucalyptus regnans) along the section of the Pipeline Track to be trenched, must be marked on the ground e.g. with flagging tape. Trenching must not to occur within these zones if at all possible. If it is unavoidable, trenching must be done by a vacuum truck not an excavator.

Within the marked tree protection zone areas there must be no:

· machine excavation including trenching;

· physical damage to the trees; excavation for silt fencing; storage;

· preparation of chemicals including cement products;

· parking of vehicles or machinery;

· placement of fill; or

· temporary or permanent installation of utilities or signs.

Reason for condition

Conservation of areas of significant vegetation or individual trees that have important aesthetic, heritage and environmental values.

OPS s2

A suitably qualified and experienced supervising arborist must be present during the trenching works. If roots are encountered, the trench is to be excavated using a vaccum truck. The arborist must also be present during excavation adjacent to the Fern Tree Bower box. Works must be done in accordance with the arborist's advice.

The supervising arborist must certify in writing that they were present during all relevant works and that the works were undertaken in accordance with the Element Tree Services Arboricultural Assessment. This certification must be submitted to Council within one week of the works being completed.

Reason for condition

Conservation of areas of significant vegetation or individual trees that have important aesthetic, heritage and environmental values.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

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

BUILDING PERMIT

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

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

COUNCIL RESERVES

A Public Spaces Bylaw permit will be required for all Fern Tree Bower upgrade works occurring outside Wellington Park, for example the new cabling and signal box. Information about the permits, and the application form to undertake works in a public space, can be found here.

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-22-138 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-22-138 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - CPC Agenda Documents ⇩

Attachment c: PLN-22-138 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Planning Referral Officer Cultural Heritage Report ⇩

Attachment d: PLN-22-138 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Planning Referral Officer Environmental Development Planner Report ⇩

Item No. 8

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 340

22/8/2022

REPORT TITLE: Significant Tree Nomination - Glenrose Park 110 Pottery Road, Lenah Valley

REPORT PROVIDED BY: Strategic Planner | Urban Futures

Director City Life

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to consider one of the nominations for the Significant Tree Register that was received from a member of the community between September and November 2021.

1.2. This report does not consider all nominated trees, only the hawthorn trees adjoining the creek within Glenrose Park at 110 Pottery Road, Lenah Valley, as works involving these trees have been planned by the City’s Bushland Biodiversity and Waterways Unit.

1.2.1. The significant tree nomination process benefits the community by ensuring that trees of value to residents and visitors are adequately protected.

2. Report Summary

2.1. The proposal is to consider whether the hawthorn trees adjoining the creek within Glenrose Park at 110 Pottery Road, Lenah Valley should be pursued for listing as a significant tree.

2.2. There were 127 valid significant tree nominations submitted during the public nomination period between 13 September and 8 November 2021.

2.3. The hawthorn trees were nominated by a member of the community during this period. The qualities noted in the nomination included being a beautiful backdrop for the playground, fragrance of the blossom, its attraction to birds and insects as well as the shade the trees provided.

2.4. Assessment of each of these trees is ongoing; however, the subject trees are proposed to be removed as part of planned waterway works by the City’s Bushland Biodiversity & Waterways Unit to improve water quality from increased stormwater inputs.

2.5. Consideration of these trees at an earlier stage will provide certainty about whether or not the trees are intended to be listed in the Significant Tree Register.

2.6. The City’s Tree Assessment Panel assessed the tree against the Significant Tree Assessment Criteria (Attachment A); the panel recommendation is that the tree does not meet the criteria.

2.7. The nominated trees adjoining the creek within Glenrose Park at 110 Pottery Road, Lenah Valley are not recommended for listing as significant trees.

3. Recommendation

That:

1. That the nominated trees adjoining the creek within Glenrose Park at 110 Pottery Road, Lenah Valley not be listed as significant trees in the Significant Tree Register, and the Significant Tree Code of the Hobart Interim Planning Scheme 2015.

2. That the nominee be advised of Council’s decision.

4. Background

4.1. At its meeting on 18 December 2017, Council considered a report on ‘Significant Trees – Vegetation Management’. One of Council’s resolutions following this report was that:

‘Nominations for additions to the Significant Tree List in the Hobart Interim Planning Scheme 2015 be invited through a public process commencing in February 2018 and that in future nominations be sought from the public every 3 years.’

4.2. The previous round of nominations, which commenced in 2018, resulted in the inclusion of 77 additional listings for trees and hedges in the Significant Tree Register.

4.3. Trees that are listed in this register are also inserted into the Significant Tree Code list of the Hobart Interim Planning Scheme 2015. Trees on the list are subject to the controls of the Significant Tree Code, which requires that a permit be granted for lopping, pruning, removal or destruction of the tree unless:

· The tree has died of natural causes;

· The works are necessary for emergency access;

· The works are emergency works by a public authority;

· The tree poses an immediate danger to persons or property;

· The pruning of a tree is to improve its health or appearance, provided its normal growth habit is not retarded.

4.4. The current round of nominations was open between 13 September 2021 and 8 November 2021.

4.5. There were 127 valid nominations submitted for individual trees, groups of trees, or hedges. Some of these nominations were made by more than one person.

4.6. Assessment of the nominations is still ongoing, given the number of nominations received and the detailed assessment process. A full report on all of the nominations is likely to be presented to Council proceeding the care taker period.

4.7. The nominated trees that are the subject of this report include 22 Crataegus monogyna (hawthorns) adjoining the creek within Glenrose Park at 110 Pottery Road, Lenah Valley (refer to image and map below).

Hawthorn trees at the rear of the playground at Glenrose Park

Nominated hedge of Hawthorn trees outlined in yellow

4.8. The following background information is relevant to the trees:

4.8.1. Removal of the trees would be exempt from requiring a planning permit.

4.8.2. The hawthorn trees were nominated by a member of the community during the public call for nominations to the Significant Tree Register.

4.8.3. The trees are subject to planned works by the City’s Bushland Biodiversity & Waterways for their removal and replacement with native vegetation. The Hawthorn, Crataegus monogyna, is considered a high risk and priority weed to be removed from the City’s waterways. The unit has identified the higher catchment areas such as Glenrose Park as important in managing the spread of weeds throughout the City’s waterways. The Bushland Biodivesity & Waterways has provided the following response in respect of the project:

“The purpose of the planned works on the waterway at Glenrose Park is to improve water quality from increased stormwater inputs due to development in the area. The scope of the project includes improving the amenity of the waterway by revegetating the currently degraded riparian zone using native trees, shrubs and grasses. The vegetation and landscaping component will also assist by supporting an increase in biodiversity, habitat and resilience for the local wildlife. Aesthetically, the playground area will benefit by having more opportunity to interact with and appreciate the City’s waterways. This project aims to realign our commitment with protecting natural values and celebrating the potential of our lovely waterways.”

5. Proposal and Implementation

5.1. The proposal is to determine whether the nominated hawthorn trees adjoining the creek within Glenrose Park at 110 Pottery Road, Lenah Valley should be listed as a significant tree in the Significant Tree Register, and the Significant Tree Code of the Hobart Interim Planning Scheme 2015.

Assessment of Nominated Tree

5.2. A Tree Assessment Panel (the Panel) consisting of a City of Hobart (City) Strategic Planner, City Program Leader Arboriculture and Nursery, City Cultural Heritage Officer and City Urban Design Officer has assessed the tree.

5.3. The Panel has inspected the tree and made an assessment, based on whether it is considered that the tree meets any of the ten criteria under the Significant Tree Assessment Criteria (Attachment A):

5.4. The nomination and assessment comments are detailed in Table 1 (below).

Table 1

Nominator’s reasons for nomination

Significant Tree Assessment Panel comments

This natural unpruned hawthorn hedge runs along a little creek right behind the small park and playground known as Glenrose Park. It provides a beautiful backdrop to the playground and now in the Spring the blossoms are lovely to see and also fragrant. Also great for bees and other insects. In Autumn the berries are food for many birds, both native and introduced. The hedge is very old and the trees are large by hawthorn standards. It provides shade to those in the park, and shelter to pademelons outside the park. In winter the bare, twisting branches have a visual poetry. It's really nice to alight from the bus there at the bus stop, and catch the sweet scent of the blossoms. It is outstanding in the environment due to its venerable age as a lot of the surrounding area is relatively recent in development.

These trees are not considered to meet the threshold for listing under the Significant Tree Assessment Criteria.

While they contribute to the visual amenity of the park, likely particularly when in flower, it is not considered that they have outstanding streetscape significance, and it is likely another form of vegetation could similarly contribute to the visual amenity of the site.

The hawthorns are not maintained as a hedge, and it is possible at least some of them are self-seeded. They are not considered to have heritage significance given they are not associated with historical boundaries and are not maintained in hedge form.

Hawthorn trees are considered to be highly invasive. This is particularly problematic given the location of these trees adjacent to a waterway. Council's Environmental Scientist - Stormwater Assets has identified these hawthorns as a risk in terms of seed dispersal and weed spread downstream.

5.5. This recommendation has been made objectively on whether the tree meets the Significant Tree Assessment criteria.

5.6. The panel applies a consistent approach to assessing trees, only recommending those that meet a relatively high threshold of significance.

Panel Response

5.7. In response to the nomination, it is noted that the Panel has assessed the trees and determined they do not meet the Significant Tree Assessment Criteria. It is therefore recommended that the hawthorn trees at Glenrose Park are not listed as significant trees.

6. Strategic Planning and Policy Considerations

6.1. The proposal is consistent with the objectives of the Capital City Strategic Plan 2019-29, in particular the following outcomes:

6.1.1. Hobart keeps a strong sense of place and identity, even after the city changes;

6.1.2. Hobart’s cityscape reflects the heritage, culture and natural environment that make it special;

6.1.3. In City decision-making, we consider how different aspects of Hobart life connect and contribute to sense of place;

6.1.4. The natural environment is part of the city and biodiversity is preserved, secure and flourishing.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. None.

7.2. Impact on Future Years’ Financial Result

7.2.1. None.

7.3. Asset Related Implications

7.3.1. None.

8. Legal, Risk and Legislative Considerations

8.1. The tree is not recommended for listing as a significant tree in the Significant Tree Register and the Significant Tree Code of the Hobart Interim Planning Scheme 2015. Therefore no legislative processes apply.

9. Environmental Considerations

9.1. The proposal considers the contribution these trees make to the environment. The trees are not recommended for listing as significant trees in the Significant Tree Register and the Significant Tree Code of the Hobart Interim Planning Scheme 2015. If the Council supports this recommendation, the City’s Bushland, Biodiversity and Waterways Unit will be able to proceed with planned works for the trees removal in line with the strategic plan to remove high risk and priority weeds from the City’s waterways. The trees’ removal and revegetation with a variety of native species as part of the Glenrose Park Creek remediation, will remove the risk of seed dispersal downstream, which is considered an improved environmental outcome.

10. Social and Customer Considerations

10.1. The proposal is not considered to have any negative impact on social inclusion.

11. Marketing and Media

11.1. The significant tree nomination process was promoted to the community through the City News newsletter, Facebook, the City’s website and in an article in the Mercury newspaper.

12. Community and Stakeholder Engagement

12.1. No further community or stakeholder engagement is considered necessary for this proposal.

13. Delegation

13.1. This matter is delegated to Council.

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.

Tristan Widdowson

Strategic Planner | Urban Futures

Neil Noye

Director City Life

Date: 19 August 2022

File Reference: F22/75860

Attachment a: Significant Tree Assessment Criteria ⇩