Minutes (Open Portion)

Council Meeting

Page 2

10/10/2022

Minutes (Open Portion)

Council Meeting

Page 4

10/10/2022

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 26 September 2022, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Burnet

Behrakis                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

No public questions were received.

That the following responses to public questions taken on notice, be received and noted.

5.2.1        Kelly's Steps and Princes Park Toilets, Battery Point

5.2.2        Report Production – Funding

BEHRAKIS

FOX                                                          That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

Meeting date:            29 August 2022

Raised by:                  Mr Edwin Johnstone

Response Author:   Kelly Grigsby (CEO)

Topic:                          Kelly's Steps and Princes Park Toilets, Battery Point

Meeting date:            15 August 2022

Raised by:                  Ms Isla MacGregor

Response Author:   Kelly Grigsby

Topic:                          Report Production - Funding

The Chief Executive Officer tabled a petition calling for the Council to develop a playground on Council owned land at Saunders Crescent and Maree Close, South Hobart.

There were 53 signatories to the petition.

BRISCOE

THOMAS                                                                                                             

That the petition be received and noted a referred to the appropriate committee.  

MOTION CARRIED

VOTING RECORD

Attachments

a    Petition - Playground Saunders Crescent and Moree Close South Hobart ⇨  

9.1      3 Argyle Street, Hobart, Salamanca Place, Battery Point, Morrison Street, Hobart, Kennedy Lane, Battery Point, Franklin Wharf, Hobart, 30 Morrison Street, Hobart, 18 Hunter Street, Hobart - 15 Water Supply Facilities

Ref:    Open CPC 7.1.1, 3/10/2022

Application Expiry Date: 17 October 2022

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for 15 water supply facilities, at 3 Argyle Street, 30 Morrison Street, Morrison Street Road Reservation, 18 Hunter Street, Franklin Wharf, Salamanca Place, and Kennedy Lane for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 3 October 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 PLN­22­439 ­ 3 ARGYLE STREET 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 (TBC) dated (TBC) as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s2

Prior to the installation of any of the water supply facilities, revised plans to the satisfaction of Council's Director of City Life must be submitted and approved as a Condition Endorsement. The revised plans must:

1.      Set out the exact number, location, and design of the Water Supply Facilities, to satisfy the above requirement; and

2.      Demonstrate that places of cultural significance and places of archeological potential are either avoided entirely or that appropriate strategies are in place to manage impacts.

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

To define the scope of the permit

HER 9

The water bubblers must be fully demountable and attached using non­ corrosive fittings. eg screws and bolts must be specified rather than chemical adhesives. Surfaces must be made good with matching colors and finishes.

Reason for condition

To ensure that works in Sullivans Cove are fully reversible to ensure that the historically clear space of the working port is not permanently obstructed and new infrastructure does not result in the loss of historic cultural heritage values.

HER 10

Substitution of artwork is not approved. The artwork must be as per documentation submitted on 2 August 2022 showing blue and white graphics by artist David Edgar.

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

Reason for condition

To ensure that works in, or adjacent, a place of cultural heritage significance does not result in the loss of historic cultural heritage values.

HER 6

All onsite excavation and disturbance within places of archeological significance 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 7 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.

OPS 5

Installation works, including plumbing, must be undertaken in a way that avoids impact to all trees including those in gardens, parks, and on Port Authority land. Any excavation works within the Tree Protection Zone of existing trees must be overseen by a project arborist to ensure the tree is retained and protected in accordance with AS4970 Protection of trees on development sites. Installation works, including plumbing, must be undertaken in a way that avoids impact to all other nearby park assets.

Prior to installation, the contractors must confirm the placement and scope of works with the Program Leader Arboriculture and Nursery. Damage to trees and assets must be avoided.

Reason for condition:

To ensure that the amenity, character and cultural heritage values of the Cove’s roads and other public spaces are conserved and enhanced.

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.

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

You may require an occupational license for structures in the Hobart City Council highway reservation, in accordance with conditions to be established by the Council. Click here for more information.

You may require a road closure permit for construction or special event. Click here for more information.

You may require 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 PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially­contaminated soil, water, dust and vapours. Click here for more information.

PROTECTING THE ENVIRONMENT

In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click here for more information.

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas.

WASTE DISPOSAL

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 regarding waste disposal can also be found on the Council’s website.

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.

Burnet

SHERLOCK                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      71A Letitia Street, North Hobart - 29 Multiple Dwellings and Associated Works

Ref:    Open CPC 7.2.1, 3/10/2022

Application Expiry Date: 11 October 2022

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for 29 multiple dwellings and associated works at 71A Letitia 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 3 October 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 PLN­22­287 ­ 71A Letitia Street North Hobart TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

Advice

The approved use is multiple dwellings for social housing, which will be managed as a collective by one entity. Social housing is housing that is provided for individuals that would otherwise face financial hardship if required to secure housing on the open market, or would be unable to secure such housing. The use of this site is not suitable for a strata scheme to create individual lots for each multiple dwelling. Further planning permission would be required to support the creation of a strata scheme of this nature.

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 2022/00693­HCC dated 1/7/2022 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 2

Prior to the first occupation, screening with no more than 25% uniform transparency must be installed and maintained along the edge of the decks that would provide private open space for units 17 and 18 facing the north­ western boundary of the site. The screening must be of sufficient height to minimise overlooking of a dwelling on an adjoining property or its private open space.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing screening in accordance with the above requirement. The revised plans should include sufficient detail, such as sight line diagrams, to demonstrate that the height of the screening will satisfy the above requirement.

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

To provide reasonable opportunity for privacy for dwellings.

PLN s4

Additional landscaping must be provided between the development and the site boundaries to reduce the visual and privacy impact of the development.

Prior to the issue of any approval under the Building Act 2016, revised plans prepared by a suitably qualified landscape expert must be submitted and approved as a Condition Endorsement showing additional landscaping.  The revised plans should include boundary fences and additional planting between the development and the site boundaries in order to reduce the visual impact of the development when viewed from adjoining properties and the potential for overlooking of adjoining properties from the development.

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

Prior to occupancy or the commencement of the use (whichever occurs first), confirmation from a suitably qualified landscape expert that all landscaping works required by this condition have been implemented, must be submitted.

The vegetation which is planted on the site pursuant to the landscaping plan must be maintained and must not be disturbed. If any vegetation dies or is destroyed, replacement vegetation of a similar size must be planted within 30 days of the death or destruction.

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 reduce the visual impact of the development and to provide reasonable opportunity for privacy for dwellings.

ENG 12

A construction waste management plan must be implemented throughout construction.

A construction waste management plan must be submitted and approved as a Condition Endorsement, prior to commencement of work on the site. The construction waste management plan must include:

·        Provisions for commercial waste services for the handling, storage, transport and disposal of post­construction solid waste and recycle bins from the development; and

·        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 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.

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

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).

Overland surface flow from the 1% AEP events, including from the Brooker

Avenue and its embankment, must be conveyed safely through the site.

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 9

Prior to occupancy or the commencement of the approved use (whichever occurs first), pre­treatment of 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 final detailed design of the proposed treatment train, including estimations of contaminant removal, in general accordance with Aldanmark Stormwater Report and engineering plans (i.e. Drainage Plan­ Ground Floor H1.01 RevD and Hydraulic Details H4.01 Rev D) submitted under this application;

2.      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.

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.

ENG tr2

A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).

The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved as a Condition Endorsement, prior to commencement work (including demolition). The construction traffic and parking management 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 trucks and other traffic associated with the works will be allowed to operate.

5.      Nominate a superintendent, or the like, to be responsible for the implementation of the approved traffic management plan and available as a direct contact to Council and/or members of the community regarding day to day construction traffic operations at the site, including any immediate traffic 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.

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 3a

The access driveway and parking area must be constructed in accordance with the following documentation which forms part of this permit: PLN­22­287 ­ 71A LETITIA STREET NORTH HOBART 7000 ­ Civil Drawings (received by the Council on 28th of July 2022). Any departure from that documentation and any works which are not detailed in the documentation must be either:

a)      approved by the Director City Life, via a condition endorsement application; or,

b)      designed and constructed in accordance with Australian Standard AS/NZ 2890.1:2004.

The works required by this condition must be completed prior to first occupation.

Reason for condition

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

ENG 3c

Prior to the first occupation, a suitably qualified engineer must certify that the access driveway and parking area has been constructed in accordance with design drawings approved by Condition ENG 3a.

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. It may be necessary for a surveyor to also be engaged to ensure that the driveway will be constructed as approved.

The reason this condition has been imposed as part of your planning permit is that the driveway is outside the Australian Standard gradients or design parameters. If the driveway 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 5

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, prior to first occupation/commencement of use.

The number of bicycle parking spaces approved on the site is a minimum of twelve (12). All bicycle parking spaces must be designed and constructed in accordance with Australian Standard AS/NZS 2890.3:2015 prior to first occupation/commencement of use.

Reason for condition

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

ENG 9

All car parking spaces for people with disabilities must be delineated to Australian/NZS Standard, Parking facilities Part 6: Off­street parking for people with disabilities AS/NZS 2890.6: 2009, prior to the commencement of the use.

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 r1

The excavations and footings supporting the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings, structural certificates and associated geotechnical assessments of the footbridge and staircase structure near the Brooker Avenue highway reservation must be submitted and approved as a Condition Endorsement, prior to any approval under the Building Act 2016, and must:

1.      Be prepared and certified by a suitable qualified person and experienced engineer;

2.      Not undermine the stability of the highway reservation;

3.      Take into account any additional surcharge loadings as required by relevant Australian Standards;

4.      Take into account and reference accordingly any Geotechnical findings;

5.      Detail any mitigation measures required;

6.      Detail the design and location of the footing adjacent to the Brooker Avenue highway reservation.

The structure certificated and/or drawings should note accordingly the above. All work required by this condition must be undertaken in accordance with the approved select design drawing and structural certificates.

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 the stability and integrity of the Council’s highway reservation is not compromised by the development.

ENG r3

Prior to the commencement of use, the proposed driveway crossover on the Letitia Street highway reservation must be designed and constructed in general accordance with Urban ­ TSD­R09­v3 – Urban Roads Driveways and TSD R14­v3 Type KC vehicular crossing.

Design drawings must be submitted and approved as a Condition Endorsement prior to any approval under the Building Act 2016. The design drawings must:

1.      Show the cross and long section of the driveway crossover within the highway reservation and onto the property;

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

3.      Be designed for the expected vehicle loadings. A structural certificate to note that driveway is suitable for heavy vehicle loadings;

4.      If the design deviates from the requirements of the TSD, then demonstrate that a B85 vehicle or a B99 depending on use (AS/NZS 2890.1 2004, section 2.6.2), can access the driveway from the road pavement into the property without scraping the vehicle's underside;

5.      Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004.; and

6.      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 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.

Reason for condition

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

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.

ENVHE 4

A Construction Environmental Management Plan, prepared by suitably qualified persons, must be implemented.

A Construction Environmental Management Plan must be submitted and approved prior to the commencement of works and prior to the issue of any approval under the Building Act 2016.

The plan must include, but is not limited to, the following:

1.      Details of the proposed excavation and construction methodologies and expected likely timeframes.

2.      The proposed days and hours of work and proposed hours of activities likely to generate significant noise emissions (including volume and timing of heavy vehicles entering and leaving the site, rock breaking and concrete pouring).

3.      Details of potential environmental impacts associated with the demolition and construction works including noise, vibration, erosion and pollution (air, land and water).

4.      Details of proposed measures to avoid or mitigate all identified potential environmental impacts during demolition and construction works including, but not limited to:

a.      A noise management plan certified by a suitably qualified person as being generally consistent with AS 2436­2010 ­ Guide to Noise and Vibration Control on Construction, Demolition and Maintenance Sites and the Interim Construction Noise Guidelines (New South Wales Department of Environment and Climate Change, July 2009), and with any relevant guidelines or standards referenced by those documents.

b.      A soil and water management plan including:

i.       measures to minimise erosion and the discharge of contaminated stormwater off­site;

ii.      measures to minimise dust emissions from the site;

iii.     measures to manage the disposal of surface and groundwater from excavations (if relevant); and

iv.     measures to prevent soil and debris being carried onto the street.

5.      Details of proposed responsible persons, public communication protocols, compliance, recording and auditing procedures and complaint handling and response procedures.

A copy of the approved Construction Environmental Management Plan must be kept on site for the duration of the works and be available for inspection.

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