Minutes (Open Portion)

City Planning Committee Meeting

Page 2

22/8/2022

Minutes (Open Portion)

City Planning Committee Meeting

Page 5

22/08/2022

DUTTA

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 8 August 2022, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Harvey

Behrakis

Dutta

Coats

Minutes (Open Portion)

City Planning Committee Meeting

Page 19

22/08/2022

7.1.1   19 Morrison Street, Hobart and Adjacent Road Reserve - Outdoor Dining including Furniture

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 17 August 2022, be adopted, as amended with the addition of the following advice clause:

“Advice

The Applicant is encouraged to make available some space for people with mobility devices within the seating arrangements to allow for a more equitable access to this facility.”

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 outdoor dining including furniture, at 19 Morrison Street 7000 and adjacent road reserve, Hobart for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 22 August 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 PLN­22­419 ­ 19 MORRISON STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 6

Use of the outdoor dining space must not occur outside of the following hours:

12pm to 12am, seven days per week

Reason for condition

To clarify the scope of the permit

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.

ADVICE

The Applicant is encouraged to make available some space for people with mobility devices within the seating arrangements to allow for a more equitable access to this facility.

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.

OCCUPATION OF THE PUBLIC HIGHWAY

You will be required an occupational licence for use of Hobart City Council highway reservation (e.g. outdoor seating, etc). Click here for more information.

You will be required a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s Infrastructure by law. Click here for more information.

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.

7.2.1   325 Elizabeth Street, 321-323A Elizabeth Street and 16A Lefroy Street, North Hobart -  Partial Demolition, Alterations, Partial Change of Use to Carpark and Associated Works

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 12 August 2022, be adopted, as amended by the inclusion of the following advice clause:

“Advice

The Applicant is encouraged to have further discussion with all parties who have rights to use the laneway from Elizabeth Street to the new car park, regarding access (provision of keys to the bollards), provision of adequate loading facilities, provision of signage to identify access to businesses and lighting of the laneway.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, partial change of use to car park, and associated works at 325 Elizabeth Street and 321­323A Elizabeth Street and 16A Lefroy 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 22 August 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 PLN­22­266 325 ELIZABETH STREET NORTH HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2022/00686­HCC dated 18 May 2022 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 17

The lighting within the car park at 321­323A and 325 Elizabeth Street 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.

ENG 12

Prior to commencement of any work on site (including demolition and/or site disturbance), a Construction Waste Management Plan must be submitted and approved as a Condition Endorsement.

The Construction Waste Management Plan must include;

·        Provisions for the handling, transport, and disposal, of demolition material, including any contaminated waste and recycling opportunities, and

·        Provisions for commercial waste services (e.g., service areas) for the handling, storage, transport and disposal of post­construction solid waste and recycle bins from the development.

The approved Construction Waste Management Plan must be implemented throughout construction, and all work required must be undertaken in accordance with the approved 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.

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 roadways or 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.

SW 1

Prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first), a pre­ construction structural condition assessment and visual record (eg video and photos) of the Hobart City Council’s stormwater infrastructure within/adjacent to the proposed development (including the mains and open Rivulet) must be submitted to the City of Hobart as a Condition Endorsement.

The condition assessment must include at least:

1.       a site plan clearly showing the location of the investigation, with access points and all segments and nodes shown and labelled, with assets found to have a different alignment from that shown on the City of Hobart’s plans to be marked on the ground and on the plan;

2.       a digital recording of a CCTV inspection and written condition assessment report in accordance with WSA 05­2013 Conduit Inspection Reporting Code of Australia, in a 'Wincan’ compatible format; and

3.       photos of any existing drainage structures connected to or modified as part of the development.

The pre­construction condition assessment will be relied upon to establish the extent of any damage caused to Hobart City Council’s stormwater infrastructure during construction. If the owner/developer fails to provide the City of Hobart with an adequate pre­construction condition assessment then any damage to the City of Hobart’s infrastructure identified in the post­construction condition assessment will be the responsibility of the owner/developer.

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.

SW 2

Prior to occupancy or the commencement of the approved use (whichever occurs first), a post­construction structural condition assessment and visual record (eg video and photos) of the Hobart City Council’s stormwater infrastructure within/adjacent to the proposed development (including mains and open RIvulet), must be submitted to the City of Hobart.

The condition assessment must include at least:

1.      a site plan clearly showing the location of the investigation, with access points and all segments and nodes shown and labelled, with assets found to have a different alignment from that shown on the City of Hobart’s plans shall be marked on the ground and on the plan;

2.      a digital recording of a CCTV inspection and written condition assessment report in accordance with WSA 05­2013 Conduit Inspection Reporting Code of Australia, in a 'Wincan’ compatible format; and

3.      photos of any existing drainage structures connected to or modified as part of the development.

The pre­construction condition assessment will be relied upon to establish the extent of any damage caused to the Hobart City Council’s stormwater infrastructure during construction. If the owner/developer fails to provide the City of Hobart with an adequate pre­construction condition assessment then any damage to the Hobart City Council’s infrastructure identified in the post​­ construction CCTV will be deemed to be the responsibility of the owner/developer.

SW 5

An approved Construction Management Plan must be implemented.

A Construction Management Plan (CMP) must be submitted and approved prior to commencement of works. The CMP must be prepared by suitably qualified and experienced persons and must:

1.      detail the proposed construction methodology and timing, including extent of earthworks;

2.      identify all potential risks to the Rivulet and the wider environment from construction works including, but not limited to, construction loading, traffic loading, excavation works, footing construction, vibrations, undermining, flood, noise, pollution and environmental harm;

3.      include:

·        identification and disposal of any potentially contaminated waste and asbestos;

·        proposed hours of work;

·        identification of potentially noisy construction phases, such as operation of rock­ breakers, explosives or pile drivers, and proposed measures to minimise the potential for noise nuisance;

·        a soil and water management plan, generally consistent with the Soil and Water Management Plan by Pitt & Sherry dated 24 May 2022, but providing plans and details, and addressing the timing of in­stream works and need for flow diversion;

4.      specify measures to eliminate or otherwise mitigate to as low as reasonably practicable all identified risks; and

5.      include a monitoring regime. SW 9

SW 9

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

A stormwater management report and design must be submitted and approved as a Condition Endorsement, 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 final estimations of contaminant removal;

2.      include detailed design and supporting calculations of the detention sized such that there is no increase in flows from the developed site up to 5% AEP event showing

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

2.     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. The likely lifecycle costs and requirements for any Council assets must be acceptable to the proposed asset owner.

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

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.

SW 11

Measures to minimise impact on the overland flow path and mitigate flood risk from the critical 1% AEP at 2100 event must be installed prior to occupancy or issue of any completion (whichever occurs first). All works within the flood zone, including the walls, bridge and lowered bed of the Rivulet, must be designed, constructed and maintained to ensure the long­term protection and access to the Rivulet void.

Detailed engineering drawings must be submitted as a Condition Endorsement prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). These must include (but are not limited to):

1.      certification from an accredited and qualified structural engineer that all proposed structures within the flood zone are designed to resist inundation, erosion, undermining and likely forces from a flood event (including debris loading such as vehicle impacts) and the long­term base flows of the Rivulet

2.      detailed design of works within/over the Rivulet and mitigation measures such as permeable fencing, wall heights and kerb levels in accordance with the Pitt and Sherry Inundation Assessment Rev01 dated 30/6/22.

3.      details of management of the flood zone including signage and measures to prevent blockage of the overland flow path (such as bollards and/or restrictions on use of the area);

4.      a flood management summary plan from a suitably qualified and experienced expert that outlines the obligations for future property owners to flood and overland flow management, including:

a)      the flood risk to the site, including depth, extent and hazard ratings for the 1% AEP at 2100 event;

b)      identification of all measures to maintain and maximise the overland flow path through the site and their maintenance and;

c)      identification of all measures within/over the flood zone, including the works over/within the Rivulet and the flood mitigation measures, and their required maintenance and inspections.

All work required by this permit must be undertaken and maintained in accordance with the approved documents.

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.

Council notes separate consent under s13 of the Urban Drainage Act and s73 of the Building Act 2016 will be required for the works. This will require appropriate insurances, and ongoing indemnities.

SW 13

All structures within the flood zone, and over or within the Rivulet (including Rivulet wall, bridge, fencing, and kerbing) and flood mitigation measures must be inspected by a suitably qualified and accredited engineer.

Certification from a suitably qualified and accredited engineer that the installation has been constructed in accordance with the approved design must be provided to the City of Hobart prior to commencement of use or completion of these works (whichever occurs first).

SW 14

All structures within the flood zone and within one metre of/ over the Rivulet must be inspected by a registered surveyor.

Certification from a registered surveyor that the void space within the Rivulet (ie wall locations and bridge soffit and rivulet invert level) have not been reduced from those shown on the approved engineering drawings and Inundation Assessment must be provided to the City of Hobart prior to commencement of use or completion of these works (whichever occurs first).

ENG tr1

Prior to first occupation or commencement of use (whichever occurs first) the parking area (including circulation roadways, parking modules, aisles, and spaces, pedestrian pathways, including those used by people with disabilities) approved by this permit must be signed and line marked in accordance with AS/NZS 2890.1:2004, or the design documentation (including reports and plans) which form part of this permit.

Reason for condition

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

ENG tr2

A 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 works (e.g., site disturbance) (whichever occurs first).

The Construction Traffic and Parking Management Plan must;

·        Be prepared by a suitably qualified person,

·        Develop a communications plan to advise the wider community (including but not limited to; users, permit holders, businesses, neighbors etc.) of the traffic and parking impacts during construction, Include start dates and finish dates of various stages of works,

·        Include times that rigid vehicles (e.g., MRV) and other traffic associated with the works will be allowed to operate, and

·        Nominate a superintendent (or the like) responsible for the implementation of the approved plan, who must also be available as a direct contact to the City of Hobart and/or

·        community/public members regarding all relevant operations, any immediate traffic issues, and hazards that may arise.

The approved Construction Traffic and Parking Management Plan must be implemented throughout construction, and all work required must be undertaken in accordance with the approved 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 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), physical controls (as defined by AS/NZS 2890.1:2004) must be installed where and how required by the Australian Standard, and the design documentation (including reports and plans) which form part of this permit. This includes (vehicular) barriers compliant with the Australian Standard AS/NZS 1170.1:2002, to prevent vehicles running off the edge of a parking (trafficable) area. Physical controls installed must;

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

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

Any departure from the design documentation (including reports and plans) which form part of this permit must be approved by the Director City Life via a condition endorsement application.

Reason for condition

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

ENG 3a

Prior to first occupation or commencement of use (whichever occurs first), the parking area (including circulation roadways, parking modules, aisles, and spaces) must be constructed in accordance with AS/NZS 2890.1:2004, or the design documentation (including reports and plans) which form part of this permit.

Any departure from the design documentation (including reports and plans) which form part of this permit must be approved by the Director City Life via a condition endorsement application.

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 parking area (including circulation roadways, parking modules, aisles, and spaces) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers, or equivalent Council approved) and surface(s) drained to the Council's stormwater infrastructure.

Reason for condition

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

ENG 5

The number of off­street car parking spaces;

·        approved for use on site by this permit is Thirty­Six (36), and

·        maintained on site by this permit is Thirty­two (32).

Prior to first occupation or commencement of use (whichever occurs first), all car 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 Australian Standards AS/NZS 2890.1 2004.

Reason for condition

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

ENG 5b

Prior to first occupation or commencement of use (whichever occurs first), all bicycle parking must be constructed in accordance with with AS/NZS 2890.3:2015, or the design documentation (including reports and plans) approved by this permit.

Reason for condition

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

ENG 6

The number of bicycle parking spaces approved for use on site by this permit is Six (6).

Reason for condition

To clarify the scope of the permit.

ENG 9

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

Reason for condition

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

ENG s1

Prior to first occupation or commencement of use (whichever occurs first) the parking area (including, circulation roadways, parking aisles, parking spaces, pedestrian pathways, including those used by people with disabilities) approved by this permit must be adequately lit in accordance with the minimum lighting levels specified in AS/NZS 1158.3.1:2020, or the design documentation (including reports and plans) which form part of this permit.

Reason for condition

To ensure easy and efficient use, promote safety of users, minimize opportunities for crime or antisocial behavior, and prevent unreasonable light overspill impacts.

ENV 12

A weed management plan, prepared by a suitably qualified and experienced person, must be submitted and approved as a Condition Endorsement, prior to the commencement of work. The weed management plan must:

1.      Detail the initial treatment of weeds declared under the Tasmanian Weed Management Act 1999 and any other weeds that should be removed from the site

2.      The control methods should be appropriate for this waterway site.

3.      A follow­up treatment is also to be specified.

All work required by this condition must be undertaken in accordance with the approved weed 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 the use/development does not result in unnecessary or unacceptable loss of waterway and biodiversity values.

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 as a Condition Endorsement 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.

·        be prepared in accordance with the DPIPWE Works in Wetlands and Waterways Manual 2003;

·        reflect the recommendations of any Contaminated Site Assessment and the Pitt & Sherry Soil and Water Management Plan dated 24/5/22 submitted under this application; and

·        be in accordance with the Construction Management Plan required in the above conditions.

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

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. The SWMP required under this condition must include plans clearly detailing and locating all protection measures required for each stage of the works (eg one for excavating and construction within the Rivulet, another for the carpark construction).

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.

ENVHE 1

Recommendations in the following report must be implemented: Environmental Site Assessment, 321­323A and 325 Elizabeth Street, North Hobart, by Pitt and Sherry dated 17 December 2021, and Stormwater Management Plan, 321­323A Elizabeth Street Car Park, dated 25 March 2022 developed by Pitt and Sherry.

Reason for condition

To ensure that the risk to future occupants of the building remain low and acceptable.

OPS 4

The two Eucalyptus pulchella street trees along the Lefroy Street frontage must not be damaged to the satisfaction of the Director City Life. No vehicular access, excavation, placement of fill, storage of materials or soil disturbance is to occur within 4.5 m of the larger eucalypt or within 2.4 m of the smaller eucalypt along Lefroy Street. There must be no pruning, lopping or damage to the street trees including their trunks and roots.

Details of street tree protection measures must be clearly notated on all plans used as part of the contract specifications.

Advice:

Once the specification documents showing adequate tree protection have been approved, City Life will issue a condition endorsement (see general advice on how to obtain condition endorsement). It is recommended that documentation for condition endorsement be submitted well before submitting documentation for other approvals. Failure to address condition endorsement requirements may result in unexpected delays.

Reason for condition

To maintain the amenity value of street trees as per the City of Hobart Street Tree Strategy.

OPS 5

The Council must be compensated for the removal of the three trees from the Lefroy Street carpark in accordance with the following and to the satisfaction of the Director City Life:

1.      The planting of three replacement trees on the site, within 12 months of the date of this permit, or a timeframe as otherwise agreed to by the Director City Life; and

2.      Cash compensation in lieu of the planting of three further trees at a cost of $880 per tree ($2,640 total).

Advice:

Please call Council's Program Leader Arboriculture and Nursery, on 6238 2807, to arrange the details of the three replacement trees and to arrange payment of the cash compensation.

Once the replacement trees and the replacement fee has been arranged, City Life will issue a condition endorsement. It is recommended that documentation for condition endorsement be submitted well before submitting documentation for other approvals. Failure to address condition endorsement requirements may result in unexpected delays.

Reason for condition

Trees that are removed as part of Council projects are required to be replaced at a minimum 2 for 1 basis as per the City of Hobart Tree Removal Policy.

ADVICE

The Applicant is encouraged to have further discussion with all parties who have rights to use the laneway from Elizabeth Street to the new car park, regarding access (provision of keys to the bollards), provision of adequate loading facilities, provision of signage to identify access to businesses and lighting of the laneway.

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.