Minutes of City Planning Committee Meeting

Minutes (Open Portion)

City Planning Committee Meeting

Page 48

24/10/2022

7. Committee Acting as Planning Authority

In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.

In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

The Committee is reminded that in order to comply with Regulation 25(2), the Chief Executive Officer is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.

Item 7.2.2 was then taken.

7.1 Applications under the Sullivans Cove Planning Scheme 1997

7.1.1 50 Macquarie Street, Hobart and Adjacent Road Reserve - Partial Demolition, Alterations and Signage

PLN-22-596 - File Ref: F22/103146

HARVEY

That the recommendation contained in the report of the Development Appraisal Officer and the Senior Statutory Planner of 5 October 2022, be adopted.

MOTION CARRIED

VOTING RECORD

AYES	NOES
Deputy Lord Mayor Burnet
Harvey
Behrakis
Dutta
Coats

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and signage at 50 Macquarie Street, Hobart 7000 and adjacent road reservation for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 24 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 Application Document DA2247646 PLN22596 50 MACQUARIE STREET HOBART TAS 7000 Final Planning

Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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.

Delegation: Council

7.1.2 50 Macquarie Street, Hobart and Adjacent Road Reserve - Signage

PLN-22-593 - File Ref: F22/104924

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 13 October 2022, be adopted.

MOTION CARRIED

VOTING RECORD

AYES	NOES
Deputy Lord Mayor Burnet
Harvey
Behrakis
Dutta
Coats

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 signage, at 50 Macquarie Street Hobart 7000 and adjacent road reserve for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 24 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 PLN22593 50 MACQUARIE STREET HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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 6

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 1 day 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 60 days of receipt of the advice, assessment and recommendations.

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

Reason for condition

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

ADVICE

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.

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 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.

CBD AND HIGH VOLUME FOOTPATH CLOSURES

Please note that the City of Hobart does not support the extended closure of public footpaths or roads to facilitate construction on adjacent land.

It is the developer's responsibility to ensure that the proposal as designed can be constructed without reliance on such extended closures.

In special cases, where it can be demonstrated that closure of footpaths in the CBD and/or other high volume footpaths can occur for extended periods without unreasonable impact on other businesses or the general public, such closures may only be approved by the full Council.

For more information about this requirement please contact the Council's Mobility Unit on 6238 2711.

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.

Ensure any excavated soil is disposed of in accordance with EPA Tasmania Information Bulletin 105: Classification and Management of Contaminated Soil for Disposal, in accordance with the Environmental Management and Pollution Control (Waste Management) Regulations 2010 and the letter titled 'Soil Classification for Disposal of Excavated Material at 50 Macquarie Street, Hobart – August 2022' written by GES. All reasonable measures are to be taken to ensure soil is prevented from entering the stormwater system.

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.

Delegation: Committee

Item 8.1 was then taken.

7.2 Applications under the Hobart Interim Planning Scheme 2015

7.2.1 1 Queens Walk and Adjacent Road Reserve - Partial Demolition, 150 Multiple Dwellings (85 Existing, 65 New), Carparking, Landscaping including Tree Removal, and Associated Works

PLN-22-146 - File Ref: F22/105890

DUTTA

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 17 October 2022, be adopted.

MOTION CARRIED

VOTING RECORD

AYES	NOES
Deputy Lord Mayor Burnet
Harvey
Behrakis
Dutta
Coats

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, 150 multiple dwellings (85 existing, 65 new), car parking, landscaping including tree removal, and associated works, at 1 Queens Walk and adjacent road reserve, New Town for the reasons outlined in the officer’s report attached to item 7.2.1 of the Open City Planning Committee agenda of 24 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 PLN22146 1 QUEENS WALK NEW TOWN TAS 7008 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.

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 2022/00784HCC dated 03/06/2022 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 17

The external lighting of the vehicle parking area within the Selfs Point Road Road reservation must be baffled to ensure emission of light does not adversely affect the amenity of adjoining residential areas.

Reason for condition

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

PLN s1

The parking and vehicle circulation roadways and pedestrian paths serving 5 or more car parking spaces, used outside daylight hours, within the 1 Queens Walk site must achieve compliance with clause 3.1 “Basis of Design” and clause 3.6 “Car Parks” in AS/NZS 1158.3.1:2005 Lighting for roads and public spaces Part 3.1: Pedestrian area (Category P) lighting.

Reason for condition

To ensure parking and vehicle circulation and pedestrian paths within the site are safe for use at all times.

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).

Existing and proposed stormwater connections were discussed during the assessment process. Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), provide details of stormwater drainage for the whole site. It must be demonstrated that all site stormwater is connected to the public stormwater system.

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.

SW 6

The new stormwater infrastructure must be designed and constructed prior to occupancy or the commencement of the approved use (whichever occurs first).

Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), detailed engineering drawings for both the residential development site 1 Queens Walk, and the new car park on public land, must be submitted and approved as a Condition Endorsement. The detailed engineering drawings must be certified by a suitably qualified and experienced civil engineer and must:

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

2. clearly distinguish between public and private infrastructure;

3. show in both plan and longsection the proposed stormwater mains, including but not limited to, connections, flows, velocities, hydraulic grade lines, clearances, cover, gradients, sizing, material, pipe class, adequate working platforms around manholes, easements and inspection openings;

4. include the associated calculations and catchment area plans. The stormwater system (including defined overland flow paths) must cater for all 1% AEP event flows as at 2100 (i.e including climate change loading) from a fully developed catchment. The main itself must be sized to accommodate at least the 5% AEP event flows from a fully developed catchment;

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

SW 7

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

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

1. evidence that the whole site is drained to the public stormwater system ( as discussed during assessment, see notes below*), and the catchment area for each stormwater connection (existing and proposed);

2. the location of the proposed connections and all existing connections;

3. the size and design of the connection such that it is appropriate to safely service the development;

4. longsections of the proposed connections clearly showing clearances from any nearby services, cover, size, material and delineation of public and private infrastructure; and

5. connections which are freeflowing gravity driven.

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

Advice:

Under section 20 of the Urban Drainage Act 2013 if more than one stormwater connection is required for a property, the consent of the General Manager must be sought. It is Council's preference to limit the site proper to two (2) connections, the need for a third requires demonstration.

*Note: Submitted plan 21E543 C102 Rev H, 104107 H. Tower B and C appear to drain to ground, Tower D assumed to the known connection point, and Tower A to an outfall (not recorded) towards road but not connected to PSS. Proposed Towers E & F drainage is shown into system.

SW 8

All stormwater runoff from impervious surfaces within the site must be treated and discharged from the site using Water Sensitive Urban Design principles to achieve stormwater quality and quantity targets in accordance with the State Stormwater Strategy 2010.

Detailed engineering designs accompanied with a report on all stormwater design parameters and assumptions or a model using industry accepted proprietary software, such as MUSIC, 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).

A maintenance management schedule (including life cycle costs of components) must also be submitted and the facility must be maintained in accordance with this schedule.

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 9

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

A stormwater management report and design must be submitted and approved 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 tank showing:

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

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

3. the discharge rates and emptying times; and

4. all assumptions must be clearly stated;

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

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

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 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. 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.

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) of any of the new dwellings, the paths, parking areas and all other pedestrian and parking infrastructure on both 1 Queens Walk and Council land (including, circulation roadways, parking modules, aisles, spaces and traffic islands) must be constructed in accordance with the plans which form part of this permit, prepared by Aldanmark titled Queens Walk Community Housing lodged on 19/8/2022 with the City of Hobart.

Any departure from the approved design documentation, and any works which are not detailed, must be:

1. Approved by the Director City Life, via a Condition Endorsement application, and/or

2. Be designed and constructed in accordance with the Australian Standard AS/NZ 2890.1:2004.

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), all parking areas (including circulation roadways, parking modules, aisles, and spaces) approved by this permit must be constructed to a sealed standard (i.e., 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 car parking spaces approved for use on the 1 Queens Walk site by this permit is 97, comprised of 57 new parking spaces in addition to the existing 40 spaces. A further 40 parking spaces are approved in a publicly accessible car park adjacent to the Selfs Point Road reservation.

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

1. 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, and

2. Signage in accordance with Australian Standards AS/NZS 1742.11:2016 must be erected at the entrance to private car parking facility to indicate access to the area is for authorised users only.

Reason for condition

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

ENG 5b

The number of bicycle parking spaces approved for use on the 1 Queens Walk site by this permit is Seventy (70).

Reason for condition

To clarify the scope of the permit.

ENG 6

The number of motorcycle parking spaces approved for use on the 1 Queens Walk site by this permit is Six (6).

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

1. All motorcycle parking spaces must be constructed and 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, and

2. Signage in accordance with Australian Standards AS/NZS1742.11:2016 must be erected at each motorcycle parking space to indicate the parking space is designated for motorcycle use only.

Reason for condition

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

ENG 9

The number of car parking spaces for people with disabilities approved for use on the 1 Queens Walk site by this permit is Six (6).

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 1

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

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

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

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

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

Reason for condition

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

ENG r3

Prior to the commencement of use, the proposed driveway crossover on the Queens Walk highway reservation must be designed and constructed in general accordance with:

· Footpath Urban Roads Footpaths TSDR11v3.

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

2. Show swept path templates in accordance with AS/NZS 2890.1 2004 (B85 or B99 depending on use, design template);

3. 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;

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

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

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Permit to Construct Public Infrastructure will need to be applied at least 14 days before carrying out the works.

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.

ENG s1

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

The detailed design drawings submitted must;

1. be in accordance with AS/NZS 2890.3:2015,

2. be prepared/or certified by a suitably qualified engineer,

3. demonstrate that the design will provide safe and efficient access, and enable safe, easy and efficient use, and

4. show typical civil and structural details, sections, dimensions, and other engineering details as Council deem necessary to satisfy the above requirements.

Prior to first occupation or commencement of use (whichever occurs first), all bicycle parking must be constructed in accordance with the drawings approved by this condition and Condition ENG 5b.

Reason for condition

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

ENV s1

The western, northern and southern facades of Building E/Tower 1 must be designed and constructed to achieve a noise level reduction of Rw 50, and the eastern facade must be designed and constructed to achieve a noise level reduction of Rw 45.

Documentation submitted for building consent must be certified, by a suitably qualified person, as demonstrating compliance with the above requirements.

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 minimise the adverse effects of noise from roads

HER 14

Detailed drawings and documentation must be submitted showing the light weight timber pergola structure proposed for the ground floor western elevations of the existing apartment blocks. Drawings must include details of roof junctions and the fixing points of the pergolas onto the buildings.

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 pergola structures in accordance with 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 ensure that development at a heritage place 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 20

Prior to occupancy or the commencement of the use (whichever occurs first), the site must be landscaped in substantial accordance with the submitted Landscaping Plan.

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.

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.

ENVHE 4

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

A Demolition and 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 demolition 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).

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 Demolition and 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

To minimise the impact of construction works

OPS 4

The trees on Council land that are to be retained around the perimeter of the development site, as per RETENTION PLAN 01 drawing no. 21387DA007, must be protected from damage. No vehicular access, excavation, placement of fill, storage of materials or soil disturbance is to occur within the tree protection zones as defined in AS4970 Protection of trees on development sites. There must be no pruning, lopping or other damage to the street trees including trunks and roots.

Prior to the issue of any approval under the Building Act 2016, details of the street tree protection measures to be used must be clearly noted on a tree protection plan, submitted and approved as a condition endorsement. All works must be undertaken in accordance with the approved tree protection plan.

Advice:

Once the plan showing tree protection measures has been approved, the Council 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 building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

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

OPS 5

Before works commence, tree protection measures in accordance with the condition OPS 4 tree protection plan must be installed, to the satisfaction of the City's Arboriculture and Nursery Unit.

Once the tree protection measures are in place, please contact the City's Program Leader Arboriculture and Nursery on 0408 073 326 to arrange a site inspection for signoff.

Reason for condition

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

OPS s1

Please make contact with the City's Program Leader Parks and Reserves (6238 3711) before construction commences on the new carpark and footpath on the northern side of Queens Walk.

Reason for condition

To maintain the amenity of the City's Parks and Reserves.

ADVICE

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 licence for use of Hobart City Council highway reservation (e.g. outdoor seating, 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.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

You will require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Life Division to initiate the permit process).

NEW SERVICE CONNECTION

Please contact the Hobart City Council's City Life Division to initiate the application process for your new stormwater connection.

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.

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s Infrastructure By law. Click here for more information.

COUNCIL RESERVES

This permit does not authorise any works on the adjoining Council open space reserve land. Any act that causes, or is likely to cause, damage to Council’s land may be in breach of Council’s Public Spaces Bylaw and penalties may apply. A permit is required for works on Council land. The bylaw is available here.

WORK PLACE HEALTH AND SAFETY

As stated in the 'Potentially Contaminated Land Code Environmental Site Assessment July 2022' prepared by EM&C for 1 Queens Walk, New Town, Tasmania:

If soil is to be excavated and removed from the northern side of Queens Walk, during development of the proposed car park, soil should be treated as potentially contaminated with a Controlled Waste, due to low levels of Benzo(a)pyrene being reported in sample SB04. Removal of this material from the site should be completed in accordance with Environment Protection Authority (EPA) “Information Bulletin 105 Classification and Management of Contaminated Soil for Disposal (IB105), 2018.

NOISE REGULATIONS

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

WASTE DISPOSAL

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.

Delegation: Council

Item 7.2.3 was then taken.

Mr Robert Rex, Mr Andrew Edwards (Representors) and Mr Phil Gartrell (Applicant) addressed the Committee in relation to item 7.2.2

7.2.2 1 Knopwood Street, Battery Point - Revised Plans - PLN-21-719

File Ref: F22/105426

BEHRAKIS

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and new building for 26 multiple dwellings and art and craft centre and works within Council Road reservation at 1 Knopwood Street in Battery Point, 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 PLN21719 1 Knopwood Street and adjacent road reserve Battery Point TAS 7004

Final Planning Documents except where modified below.

Advice:

It is noted that the Final Planning Documents include revised plans which were submitted to the Council on 11 October 2022, and the east elevation shown on TP204 updated further on 24 October 2022. Where those plans supersede earlier versions of the development (as advertised and notified pursuant to the Land Use Planning and Approvals Act 1993), the superseded versions have not been included in the Final Planning Documents and they do not form part of this permit.

Reason for condition

To clarify the scope of the permit.

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2021/01886HCC dated 15/3/2022 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw4

The new stormwater connection must be constructed and existing abandoned connections sealed by the Council at the owner’s expense, prior to the first occupation.

Detailed engineering drawings must be submitted and approved as part of an application for a new stormwater connection, prior to the issuing of any approval under the Building Act 2016 or commencement of works (which ever occurs first). The detailed engineering drawings must include:

the location of the proposed connection; and

the size of the connection appropriate to satisfy the needs of the development.

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

Advice:

The applicant is advised to submit detailed design drawings via a Council City Amenity Division application for a new stormwater connection. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to submit an application for a new stormwater connection with Council City Amenity Division.

Where building / plumbing approval is also required, it is recommended that documentation to satisfy this condition is submitted well before submitting documentation for building/plumbing approval. Failure to address planning condition requirements prior to submitting for building/plumbing approval may result in unexpected delays.

Reason for condition

To ensure the site is drained adequately.

ENG sw6

All stormwater from the proposed development (including hardstand runoff) must be discharged to the Council’s stormwater infrastructure with sufficient receiving capacity prior to first occupation. All costs associated with works required by this condition are to be met by the owner.

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

prepared by a suitably qualified person; and

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

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

Advice:

The applicant is advised to submit detailed design drawings and calculations as part of their Plumbing Permit Application. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to obtain a plumbing permit for the works.

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), stormwater pretreatment and detention 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:

include detailed design of the proposed treatment train, including final estimations of contaminant removal;

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

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

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

the discharge rates and emptying times; and

all assumptions must be clearly stated;

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 13

An ongoing waste management plan for all commercial or domestic waste and recycling must be implemented post construction.

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

include provisions for commercial waste services for the handling, storage, transport and disposal of domestic waste and recycle bins from the development.

In addition to the acknowledgement given by Veolia, Confirmation by a suitable waste management contractor that they have viewed the waste management plans, building plans and they can meet the waste collection requirements

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

Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

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

ENG tr1

Traffic management within the access driveway, circulation roadway and parking module (parking spaces and aisles) must be installed prior to the commencement of the use.

Traffic management design drawing(s) (including signage and line marking), must be submitted and approved as a Condition Endorsement, prior to commencement of the use. The design drawing(s) must include (but not be limited to):

Be prepared by a suitably qualified person.

Signage indicating that the car parking area is a private car park.

Pedestrian safety bollards for egress to/from lifts and doorways.

Delineation of pedestrian pathways along the shared vehicular circulation roadway (including access to both tenancies off of the circulation roadway).

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

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 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:

Be prepared by a suitably qualified person.

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

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

Include times that trucks and other traffic associated with the works will be allowed to operate.

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.

Hobart Pathology operates from 0600 to 0100 weekdays and 0700 to 2200 weekends and a 24/7 on call roster outside of theses hours. Couriers transporting samples for critically ill patients will be required in close proximity to 24 Kirksway Place. Access must be provided for Hobart Pathology and must be considered in the construction traffic and parking management plan.

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 2a

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

Advice:

The Council does not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.

Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required in the parking module this area may be considered as a path of access to a building.

Reason for condition

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

ENG 3a

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with with the following documentation which forms part of this permit: PLN21719 1 Knopwood Street Battery Point TAS 7004

Amended Plan Additional Information AIS22920 (received by Council on the 24th of May 2022).

Any departure from that documentation and any works which are not detailed in the documentation must be either:

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

designed and constructed in accordance with Australian Standard AS/NZS 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, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the 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 in substantial accordance with the approved design.

Reason for condition

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

ENG 4

The access driveway and parking module (car parking spaces, aisles and manoeuvring area) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure prior to the first occupation or commencement of use which ever occurs first.

Reason for condition

ENG 5

The number of car parking spaces approved to be used on the site is forty (40).

All 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.

Reason for condition

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

ENG 7

The bicycle parking spaces approved onsite must be constructed in accordance with Australian Stanards AS/NZS 2890.1:2004 prior to first occupation or the commencement of the use.

Reason for condition

To ensure safe and efficient parking adequate to provided for the use.

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:

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

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, pre existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

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

ENG r3

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

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

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

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;

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

Show that an occupation license will be applied for the proposed seating within the road reservation, detailed drawings of the seating must be provided.

Show final location of the relocation of the light pole, with TasNetworks' approval.

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

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

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

Reason for condition

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

ENV 2

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

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

Details of the proposed demolition and construction methodologies and expected likely timeframes.

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 pours).

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

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

A noise and vibration 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.

A soil and water management plan including:

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

measures to minimise dust emissions from the site;

measures to manage the disposal of surface and groundwater from excavations; and

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

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

Once approved the Demolition and Construction Environmental Management Plan forms part of this permit and must be implemented and complied with.

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

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 pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

HER 8

Prior to the issue of any approval under the Building Act 2016, including any approval for demolition, an annotated report prepared by a suitably qualified person or person containing photographs of the buildings on the corner of of Montpelier Retreat and Knopwood Street (on C.T. 126274/1) and all features to be demolished must be recorded and submitted to Council. Colour electronic photographs must be provided with cross referencing to an as existing floor plan showing the location and orientation of the camera when each image was taken.

The report must contain:

Author of the report

Name of place/address

A short description of the place

Photographers' name, qualifications and contact details

A written description of the reasons for undertaking the recording

A log/table showing details of each photograph and include:

Date,

Aperture, shutter speed and ISO used

Camera/s used

Lens used/focal length

File name using the following convention (Name of Place_Location_Descriptor (if used)_ Date Taken_Image No.)

Image/file numbering must be a continuous sequence and related to measured site drawings

Description and any details

The photographs must:

show each exterior elevation of the building;

detail the interior of the building;

show the architectural design detailing of the building (e.g. ceiling roses, fireplaces and mantels, staircases, picture rails); and

any detail/s that may be of historical or architectural interest (eg wallpaper samples or paint finishes and colours).

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 demolition within a heritage precinct does not result in the loss of historic cultural heritage values unless there are exceptional circumstances.

HER 17a

Prior to the issue of any approval under the Building Act 2016 (excluding demolition), plans must be submitted and approved as a Condition Endorsement showing exterior colours, materials and finishes 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.

ENVHE 1

Prior to obtaining building approval, submit to Council a contamination Environmental Site Assessment report prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM) as amended 2013. The report must conclude:

Whether any site contamination presents a risk to workers involved in redevelopment of the site, or future users of the site, as a result of proposed excavation of the site and in consideration of the proposed use.

Whether any site contamination presents an environmental risk, including from excavation conducted during redevelopment of the site.

Whether any specific remediation and/or protection measures are required to ensure proposed excavation does not adversely impact human health or the environment before excavation commences.

Whether any specific remediation and/or protection measures are required to be implemented before the proposed use commences.

If the Environmental Site Assessment report concludes that remediation and/or protection measures are necessary to avoid risks to human health or the environment, a proposed remediation and/or management plan must be submitted. Any remediation or management plan involving soil disturbance must include a detailed soil and water management plan to prevent offsite transfer of potentiallycontaminated soil or stormwater.

The report must contain a statement based on the results of the Environmental Site Assessment that the excavation as part of the planned works will not adversely impact on human health or the

environment (subject to implementation of any identified remediation and/or protection measures as required). It must also contain a

statement based on the results of the Environmental Site Assessment that the proposed use of the land will not adversely impact on human health or the environment (subject to implementation of any identified remediation and/or protection measures as required).

Reason for condition:

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

OPS s1

Installation and ongoing maintenance of the landscaping in and around the buildings, including the plantings along Knopwood Street and Montpellier Retreat, remain the responsibility of the building owner/s.

Reason for condition

To provide a high standard of residential amenity.

SURV 8

The applicant, at no cost to the Council, must have prepared, entered into, and have registered at the Land Titles Office, a deed pursuant to Section 75CA of the Conveyancing and Law of Property Act 1884 for

the encroachment of levels 1 to 3 of the building and the entrance canopy over Montpelier Retreat and the encroachment of the basement car park under Montpelier Retreat , prior to the issue of a completion certificate.

Advice: A Section 75CA Conveyancing & Law of Property Act 1884 certificate for the occupation of a Highway requires that the encroachment is a minimum 2.40 metres above the footpath or 4.25 metres above the road carriageway. A 600mm set back from the back of kerb may also be required.

The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing & Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated $260 Council application fee and the Land Titles Office registration fee, to the Council for execution and subsequent registration within the Land Titles Office.

The proposed integrated seating and planter boxes within Montpelier Retreat will require occupation licenses to be entered into with Council.

Reason for condition

To ensure that the proposed or existing building encroachment over and

under Montpelier Retreat is formalised in accordance with statutory provisions.

SURV 16

The titles comprising the development site (CT 72077/1 , CT 72077/2, CT 126274/1, CT 128788/1 and CT 197384/1 ) are to be adhered in accordance with the provisions of Section 110 of the Local Government (Building and Miscellaneous Provisions) Act 1993, to the satisfaction of the Council prior to the issue of any building consent, building permit (including demolition) and / or plumbing permit pursuant to the Building Act 2016 (if applicable), or the commencement of works on site (whichever occurs first).

Reason for condition

To ensure compliance with statutory provisions

Advice:

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

ADVICE

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

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).

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.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

You may require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Amenity Division to initiate the permit process).

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.

CBD AND HIGH VOLUME FOOTPATH CLOSURES

Please note that the City of Hobart does not support the extended closure of public footpaths or roads to facilitate construction on adjacent land.

It is the developer's responsibility to ensure that the proposal as designed can be constructed without reliance on such extended closures.

For more information about this requirement please contact the Council's Traffic Engineering Unit on 6238 2804.

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

ACCESS

Designed in accordance with LGAT IPWEA – Tasmanian standard drawings. Click here for more information.

CROSS OVER CONSTRUCTION

The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.

NOISE REGULATIONS

It is strongly recommended that the advice of a acoustic engineer is implemented in the final design of the development to minimise the risk of noise nuisance to future residents from neighbouring activities.

WASTE DISPOSAL

Council advice is that it will not be able to provide a service and all waste for the development would need to be conducted by a private contractor within the property.

Council waste charges for the development would be waived.

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste 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.

MOTION LOST

VOTING RECORD

AYES	NOES
Behrakis	Deputy Lord Mayor Burnet
Coats	Briscoe
	Harvey
	Dutta

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

AYES	NOES
Deputy Lord Mayor Burnet	Behrakis
Briscoe	Coats
Harvey
Dutta

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.

Attachments

a Robert Rex - Deputation Supporting Information - 1 Knopwood Street ⇨

Delegation: Council

Item 7.2.1 was then taken.

7.2.3 31 Swanston Street, New Town - Partial Demolition, Alterations, Extension, and Seven Multiple Dwellings (One Existing, Six New)

PLN-22-571 - File Ref: F22/104911

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 12 October 2022, be adopted.

MOTION CARRIED

VOTING RECORD

AYES	NOES
Deputy Lord Mayor Burnet
Harvey
Behrakis
Dutta
Coats

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, extension, and seven multiple dwellings (one existing, six new), at 31 Swanston Street, New Town 7008 for the reasons outlined in the officer’s report attached to item 7.2.3 of the Open City Planning Committee agenda of 24 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 PLN22571 31 Swanston Street New Town TAS 7008 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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 2022/01418HCC dated 09/09/22 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 15a

A demolition waste management plan must be implemented throughout demolition. The demolition waste management plan must include provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

Advice:

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

Reason for condition

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

PLN 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 3

The bin storage area must be screened prior to first use. The screening must be:

· to a height of 1.8m;

· solid at least up to a height of 1.2m;

· for that portion between the solid part and the top of the screen, be no more than 25% transparent; and around the entire bin storage area .

The screening must be maintained for the life of the use.

Reason for condition

To ensure that the rubbish bins do not impact on the amenity of the locality, and to ensure compliance with the outdoor storage standards in the Hobart Interim Planning Scheme 2015, and in accordance with drawing A102 issue DA, revision H, dated 5/9/22.

PLN s4

Prior to first use, additional access to the private open space for Townhouses 01, 02, 03, 04, and 05 must be provided, and privacy screening along the eastern elevation of the upper floor balcony of Townhouse 06 must be installed.

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

1. Direct access via a door from both lower floor bedrooms to the rear private open space for Townhouses 01, 02, 03, 04, and 05. This may take the form of a sliding glass door.

2. Privacy screening along the eastern elevation of the upper floor balcony of Townhouse 06 to a height of 1.7m above finished floor level with a uniform transparency of no less than 25%

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 clarify the scope of the permit.

ENG sw6

All stormwater from the proposed development (including but not limited to: roofed areas, 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).

Detailed engineering drawings prepared and certified by a suitable qualified and experienced Civil Engineer must be submitted and approved, prior to commencement of work or issue of consent under the Building Act 2016 (whichever occurs first). The drawings must include but not be limited to:

· Detailed design of the proposed pump system and supporting calculations demonstrating the system can drain all 20yr ARI rainfall events, and is in general accordance with Australian Standard AS/NZS 3500.3:2015 Part 3: Stormwater Drainage Systems.

· All stormwater which is practicable to drain to Council infrastructure via gravity (including suspended or charged systems) must do so.

· Any pumped or charged flows must be converted into freeflowing gravity within a suitably sized private transition pit inside the property.

· Pumped system must be designed and located to minimise consequence of failure and nuisance (eg obvious failure, adequate setbacks to allow dispersal of surcharge prior to thirdparty land and noise minimisation);

· Levels and landscaping plan demonstrating the pump can adequately service all likely development on the Lot; and

· A brief list of maintenance / inspection actions.

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

Advice:

Once the detailed engineered drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement). The accepted plans and Forms should be included in your plumbing permit application.

Reason for condition

To ensure stormwater is discharged to a suitable Council approved outlet.

SW 7

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

Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), detailed engineering drawings must be submitted and approved. The detailed engineering drawings must include:

1. the location of the proposed connections and all existing connections.

2. the size and design of the connection such that it is appropriate to safely service the development.

3. clearances from any nearby obstacles (eg services, crossovers, trees, poles, walls).

4. longsections of the proposed connection clearly showing cover, size, grade, material and delineation of public and private infrastructure.

5. connections which are freeflowing gravity driven.

6. be in general accordance with Council's departures from the LGAT Tasmanian Standard Drawings, available from our website.

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

Advice:

Upgraded or new connections can be approved either via the CEP process or via the Application for New Connection form available from our website. The approved stormwater connection documents must be included in your plumbing permit application document set and listed in accompanying forms.

A single connection for the property is required under the Urban Drainage Act 2013.

SW 9

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

1. include detailed design of the proposed treatment train, including final estimations of contaminant removal;

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

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

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

3. the discharge rates and emptying times, and any interactions with the pump system; and

4. all assumptions must be clearly stated;

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

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

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 13

An ongoing waste management plan for all domestic waste and recycling must be implemented post construction.

An ongoing waste management plan must be submitted and approved as a Condition Endorsement, prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), or if the development proceeds in stages prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first) for each stage. The ongoing waste management plan must:

1. include details of quantity and type/size of bins;

2. include details for the handling of waste (i.e) placement of bins on collection day within the Council's highway reservation; or

3. provide a suitable alternative method of domestic waste collection.

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

Advice:

Should you have any queries in relation to the preparation of an ongoing waste management plan, please contact Council's Customer Liaison Officer on 6278 0273.

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

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

ENG 2b

Further detailed designs are required for vehicle barriers in the following locations:

1. Along the edge of the driveway.

This documentation must be submitted and approved as a condition endorsement, prior to the issuing of any approval under the Building Act 2016.

The detailed designs must:

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

2. be in accordance with the Australian Standard AS/NZS 1170.1:2002, if possible; and

3. show [dimensions, levels, gradients and transitions], and other details as Council deem necessary to satisfy the above requirement.

The vehicle barriers must be installed in accordance with the approved detailed designs prior to first occupation.

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

ENG 2c

Prior to the first occupation, a suitably qualified engineer must certify that the vehicle barriers have been installed in accordance design drawings approved by Condition ENG 2b.

Advice:

An example certificate is available on our website.

Reason for condition

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

ENG 3b

The access driveway, circulation roadways, and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved as a Condition Endorsement, prior to the issuing of any approval under the Building Act 2016, or if the development proceeds in stages prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first) for each stage.

The access driveway, circulation roadways, and parking module (parking spaces, aisles and manoeuvring area) design must:

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

2. Be generally in accordance with the Australian Standard AS/NZS2890.1:2004,

3. Where the design deviates from AS/NZS2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, and

4. Show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement.

5. Show the demolition of the rendered brick fence/walls at the driveway entrance/front property boundary to allow for the provision of the driveway vehicle passing area located at the vehicle entry point to the property from Swanston Street.

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 advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

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 3b.

Advice:

An example certificate is available on our website.

Reason for condition

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

ENG 4

Reason for condition

ENG 5

The number of car parking spaces approved to be used on the site is fifteen

(15) as follows:

· One (1) visitor car parking space.

· Fourteen (14) resident car parking spaces.

All visitor parking spaces and uncovered resident 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 and clearly marked as visitor parking or resident parking such that pavement markings are in accordance with AS 1742.11:2016 Manual of uniform traffic control devices, Part 11: Parking Controls, prior to first occupation.

Reason for condition

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

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.

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 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.

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.

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.

ADVICE

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

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).

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

NEW SERVICE CONNECTION

Please contact the Hobart City Council's City Life Division to initiate the application process for your new stormwater connection.

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.

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.

STORMWATER / ROADS / ACCESS

Services to be designed and constructed in accordance with the (IPWEA) LGAT – standard drawings. Click here for more information.

COUNCIL RESERVES

This permit does not authorise any works on the adjoining Council land. Any act that causes, or is likely to cause, damage to Council’s land may be in breach of Council’s Public Spaces Bylaw and penalties may apply. A permit is required for works on Council land. The bylaw is available 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.

WORK PLACE HEALTH AND SAFETY

PROTECTING THE ENVIRONMENT

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.

Delegation: Council

7.2.4 1 Tew Terrace and 5 Tew Terrace, Sandy Bay - Partial Demolition, Alterations and Extension

PLN-22-402 - File Ref: F22/101522

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 4 October 2022, be adopted.

MOTION CARRIED

VOTING RECORD

AYES	NOES
Deputy Lord Mayor Burnet
Briscoe
Harvey
Behrakis
Dutta
Coats

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a partial demolition, alterations and extension at 1 Tew Terrace and 5 Tew Terrace (adjacent Council Reserve), Sandy Bay TAS 7005 for the reasons outlined in the officer’s report attached to item 7.2.4 of the Open City Planning Committee agenda of 24 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 PLN22402 1 Tew Terrace and 5 Tew Terrace Sandy Bay TAS 7005 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG sw1

The window must be installed as a sealed unit capable of excluding minor surface flows as per the correspondence from Mark Drury dated 9/8/22.

Advice:

Council notes the property will back onto bushland, and will receive natural surface flows.

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.

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

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.

OPS s1

The section of block work retaining wall that extends into Bicentennial Park is to be removed as per the DA02 Existing Floor Plan + Proposed Demolition Works drawing, at the applicant's cost, such that no part of the house extends into the reserve.

Reason for condition

To maintain the amenity value of the City of Hobart's parks and reserves.

ADVICE

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.

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.

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.

Delegation: Council

7.2.5 90 Melville Street, Hobart - Demolition and New Building for 55 Multiple Dwellings, Food Services, Business and Professional Services, General Retail and Hire And Associated Works Within The Adjacent Road Reserve - ETA-22-170

File Ref: F22/104873

HARVEY

That the recommendation contained in the memorandum of the Senior Statutory Planner of 19 October 2022, be adopted.

MOTION CARRIED

VOTING RECORD

AYES	NOES
Deputy Lord Mayor Burnet
Harvey
Behrakis
Dutta
Coats

COMMITTEE RESOLUTION:

That the Council approve to grant an extension of time until 18 May 2024 in which to substantially commence planning permit PLN-19-948.

Delegation: Council

7.2.6 27 Lefroy Street, North Hobart - Partial Change of Use to Food Services (Mobile Food Vendor)

PLN-22-477 - File Ref: F22/105708

HARVEY

That the recommendation contained in the report of the Senior Statutory Planner and the Manager Development Appraisal of 13 October 2022, be adopted.

MOTION CARRIED

VOTING RECORD

AYES	NOES
Deputy Lord Mayor Burnet
Harvey
Behrakis
Dutta
Coats

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial change of use to food services (mobile food vendor) at 27 Lefroy Street North Hobart TAS 7000 for the reasons outlined in the officer’s report attached to item 7.2.6 of the Open City Planning Committee agenda of 24 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 PLN22477 27 Lefroy Street North Hobart TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 17

The lighting of the food van is limited to internal illumination only and the area of customer ordering under the awning. All lighting must operate in accordance with Australian Standard AS 4282 Control of the obtrusive effects of outdoor lighting.

Reason for condition

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

PLN 6

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

Monday to Friday 7.30am to 12.30 pm and 4pm to 7pm and

Saturday, Sunday and Public Holidays 11am to 2pm and 4pm to 9pm

Reason for condition

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

PLN s1

Prior to commencement of the use, documentation from a suitably qualified person (e.g. an acoustic engineer) must be submitted and approved as a condition endorsement, demonstrating that noise emissions from the diesel generator and measured at the boundary of the residential zone will either:

a) comply with the noise criteria in acceptable solution 21.3.2 A1 of the Hobart Interim Planning Scheme 2015; or

b) comply with performance criterion 21.3.2 P1 of the Hobart Interim Planning Scheme 2015.

Any requirements identified in the documentation as being necessary to ensure compliance with 21.3.2 A1 or P1 must be implemented and maintained while the use is in operation.

Advice:

This condition requires additional information to be submitted as a Condition Endorsement. See Advice at the end of this permit for more information.

Reason for condition

To ensure that noise emissions do not cause environmental harm and do not have unreasonable impact on residential amenity on land within a residential zone.

ADVICE

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

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).

FOOD BUSINESS REGISTRATION

Food business registration in accordance with the Food Act 2003. Click here for more information.

SINGLE USE PLASTICS

The City of Hobart has a ‘SingleUse Plastics ByLaw’ in force, which applies to retailers who provide or sell food to be taken from the retailer’s premises in food packaging. Retailers must not provide to a person any food packaging which is wholly or partly comprised of plastic and a single use product. Please click here for more information.

NOISE REGULATIONS

Noise, dust, odour, light or other pollutants emitted from any activities associated with this development must not unreasonably cause any disturbance, annoyance or nuisance to owners/occupiers in the vicinity and shall comply with the Environmental Management and Pollution Control Act 1994 and subsequent regulations.

WASTE DISPOSAL

It is recommended that the developer liaise with the Council’s City Resilience Unit regarding reducing, reusing and recycling materials associated with use 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.

Delegation: Council

8. Reports

8.1 City Planning - Advertising Report

File Ref: F22/100870

DUTTA

That the recommendation contained in the memorandum of the Director City Life of 5 October 2022, be adopted.

MOTION CARRIED

VOTING RECORD

AYES	NOES
Deputy Lord Mayor Burnet
Harvey
Behrakis
Dutta
Coats

COMMITTEE RESOLUTION:

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

Delegation: Committee

8.2 Delegated Decision Report (Planning)

File Ref: F22/103428

BEHRAKIS

That the recommendation contained in the memorandum of the Director City Life of 11 October 2022, be adopted.

MOTION CARRIED

VOTING RECORD

AYES	NOES
Deputy Lord Mayor Burnet
Harvey
Behrakis
Dutta
Coats

COMMITTEE RESOLUTION:

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

Delegation: Committee

9. Closed Portion of the Meeting

COATS

That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:

· Confirm the minutes of the Closed portion of the meeting

· Planning appeal - mediation

The following items were discussed:-

Item No. 1 Minutes of the last meeting of the Closed Portion of the Committee Meeting

Item No. 2 Consideration of supplementary items to the agenda

Item No. 3 Indications of pecuniary and conflicts of interest

Item No. 4 Planning Authority Items – Consideration of Items with Deputations

Item No. 5 Reports

Item No. 5.1 PLN-20-651 - 209-213 Harrington Street, Hobart & 215-217 Harrington Street - Demolition, New Building for Food
Services, Signage, Subdivision (Lot Consolidation), and Associated Works - Appeal - Mediation

LG(MP)R 15(4)(a)

MOTION CARRIED

VOTING RECORD

AYES	NOES
Deputy Lord Mayor Burnet
Harvey
Behrakis
Dutta
Coats

Delegation: Committee

There being no further business the Open portion of the meeting closed at 6.27pm.

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
21^st DAY OF NOVEMBER 2022.

CHAIRMAN