City
of hobart
MINUTES
City Planning Committee Meeting
Open Portion
Monday, 10 September 2018 at 5:00 pm
City
of hobart
MINUTES
City Planning Committee Meeting
Open Portion
Monday, 10 September 2018 at 5:00 pm
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Minutes (Open Portion) City Planning Committee Meeting |
Page 2 |
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10/9/2018 |
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APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6. Planning Authority Items - Consideration of Items with Deputations
7. Committee Acting as Planning Authority
7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.1 66 Burnett Street, North Hobart - Demolition and Associated Works
7.1.2 52 Hamilton Street, West Hobart - Multiple Dwellings (Re-Advertised – Amended Proposal)
7.1.3 6 / 212 Collins Street, Hobart - Partial Change of Use to Visitor Accommodation
7.1.4 30-34 Grays Road, Fern Tree, 100 Pinnacle Road, Mount Wellington - Dwelling
8.1 Smoke-Free Areas Awareness and Compliance
8.2 Delegated Decisions Report (Planning)
8.3 City Planning - Advertising List
9. Motions of which Notice has been Given
11. Closed Portion of the Meeting
Applications under the Hobart Interim Planning Scheme 2015
Applications under the Sullivans Cove Planning Scheme 1997
14. 106 Salamanca Place, Battery Point - Partial Demolition, Alterations and Multiple Dwelling
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Minutes (Open Portion) City Planning Committee Meeting |
Page 4 |
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10/09/2018 |
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City Planning Committee Meeting (Open Portion) held on Monday, 10 September 2018 at 5:00 pm in the Lady Osborne Room, Town Hall.
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COMMITTEE MEMBERS Briscoe (Chairman) Ruzicka Burnet Denison
PRESENT: Alderman J R Briscoe (Chairman), Aldermen Dr E R Ruzicka, H C Burnet, T M Denison and P S Cocker.
APOLOGIES: Nil.
LEAVE OF ABSENCE: Nil.
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ALDERMEN Lord Mayor Christie Deputy Lord Mayor Sexton Zucco Cocker Thomas Reynolds Harvey
Alderman Ruzicka retired from the meeting at 6:44 pm and was not present for items 7.1.4 to 11.
Alderman Cocker was co-opted to the Committee. |
BURNET
That Alderman Cocker be co-opted to the Committee.
MOTION CARRIED
VOTING RECORD
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Briscoe |
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Ruzicka |
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Burnet |
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Denison |
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BURNET
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The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 27 August 2018, be confirmed as an accurate record. |
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MOTION CARRIED VOTING RECORD
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The minutes were signed.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
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BURNET
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager. |
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MOTION CARRIED VOTING RECORD
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Aldermen are requested to indicate where they may have any pecuniary or conflicts of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the committee has resolved to deal with.
Alderman Denison indicated an interest in supplementary item 12 however after reviewing the documentation exercised reasonable judgement that the conflict of interest was not so material to require removing herself physically from any Committee discussion.
Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.
A committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.
In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.
Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?
No items were transferred.
In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the General Manager is to arrange the agenda so that the planning authority items are sequential.
In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.
Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.
BURNET
That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.
MOTION CARRIED
VOTING RECORD
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AYES |
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Briscoe |
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Ruzicka |
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Burnet |
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Denison |
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Cocker |
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Minutes (Open Portion) City Planning Committee Meeting |
Page 7 |
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10/09/2018 |
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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 General Manager 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 7.1.2 was then taken.
7.1 Applications under the Hobart Interim Planning Scheme 2015
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7.1.1 66 Burnett Street, North Hobart - Demolition and Associated Works |
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RUZICKA That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 3 September 2018, be adopted, subject to condition ENVHE 4 being amended to include a point 7 to read as follows: ‘7. Details of how adjoining property owners and occupiers will be notified prior to undertaking aspects of the approved demolition, which aspects of the demolition adjoining owners and occupiers will notified of, when they will be notified, how queries or concerns regarding the management of demolition will be responded to, and that the name and phone number of the person responsible for the demolition will be provided to adjoining property owners and occupiers.’ |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and associated works at 66 Burnett Street, North Hobart for the reasons outlined in the officer’s report, attached to item 7.1.1 of the Open City Planning Committee agenda of 10 September 2018 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 PLN18474 66 BURNETT STREET NORTH HOBART TAS 7000 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
ENV 2
A soil and water management plan (SWMP) must be submitted 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.
Sediment and erosion control measures, in accordance with the approved 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.
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 6
All onsite excavation and disturbance must be monitored in accordance with the Archaeological Method Statement contained within the TASARC report dated 5th June 2018. 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. The qualified archaeologist engaged to attend the site must 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 2 days of the discovery; and
5. A copy of the archaeologist’s advice, assessment and recommendations obtained in accordance with paragraph (2) above must be provided to Council within 5 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.
ENVHE s1
Any works that involve disturbance of land must be carried out in accordance with the 'Contamination Management Plan' developed by GES and dated December 2017 (amended March 2018).
Reason for condition
To ensure that excavation does not adversely impact on human health or the environment.
ENVHE 4
A demolition management plan must be submitted to Council and approved prior to the issuing of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The plan must include but is not limited to the following:
1. Identification and disposal of any potentially contaminated waste and asbestos;
2. Proposed hours of work (including volume and timing of heavy vehicles entering and leaving the site, and works undertaken on site);
3. Identification of potentially noisy demolition phases, such as operation of rock breakers, explosives or pile drivers, and proposed means to minimise impact on the amenity of neighbouring buildings;
4. Control of dust and emissions during working hours;
5. Proposed screening of the site and vehicular access points during work;
6. Procedures for washing down vehicles, to prevent soil and debris being carried onto the street; and
7. Details of how adjoining property owners and occupiers will be notified prior to undertaking aspects of the approved demolition, which aspects of the demolition adjoining owners and occupiers will notified of, when they will be notified, how queries or concerns regarding the management of demolition will be responded to, and that the name and phone number of the person responsible for the demolition will be provided to adjoining property owners and occupiers.
The demolition management plan must be implemented and maintained throughout the demolition works.
Reason for condition
To minimise impact from demolition works on the environment.
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.
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.
NOISE REGULATIONS
Click here for information with respect to noise nuisances in residential areas.
WASTE DISPOSAL
It is recommended that the developer liaise with the Council’s 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.
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Item 7.1.3 was then taken.
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7.1.2 52 Hamilton Street, West Hobart - Multiple Dwellings (Re-Advertised – Amended Proposal) |
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DENISON That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 28 August 2018, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for multiple dwellings (re-advertised – amended proposal) at 52 Hamilton Street, West Hobart for the reasons outlined in the officer’s report, attached to item 7.1.2 of the Open City Planning Committee agenda of 10 September 2018 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 PLN17371 52 HAMILTON STREET WEST HOBART TAS 7000 Final Planning documents except where modified below.
Reason for condition
To clarify the scope of the permit.
TW
The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2017/00758HCC dated 2nd May 2017 as attached to the permit.
Reason for condition
To clarify the scope of the permit.
ENG sw7
Stormwater flow maintenance/detention system for stormwater discharges from the development must be installed prior to commencement of use.
A stormwater management plan and design must be submitted and approved, prior to the issue of any approval under the Building Act 2016. The stormwater management plan and design must:
1. Be prepared by a suitably qualified person;
2. Provide
detailed design of the detention tank showing the:
(i) Layout of the inlet and outlet diameter/invert level.
(ii) Details of the overflow mechanism and invert level.
3. The detention tank must be sized such that there is no increase in flows from the developed site up to the 20yr ARI storm event. All assumptions must be clearly stated;
4. Include a Stormwater Management Summary Plan that outlines the obligations for future property owners to stormwater management, including a maintenance plan which outlines the operational and 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 in accordance with the approved design.
Advice:
• Once the design has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
• It is advised that documentation for condition endorsement is lodged well before a Building Permit is required, as failure to address design requirements until Building Application stage may result in unexpected delays.
Reason for condition
To avoid the possible pollution of drainage systems and natural watercourses, and to comply with relevant State legislation.
ENG 3a
The access driveway and parking module (parking spaces and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.
Advice:
• 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 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.
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 1
The cost of repair of any damage to the Council infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.
A photographic record of the Council 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 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 infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.
ENG s1
Design drawings and calculations of any proposed pumped private stormwater drainage and connection to the Council's stormwater infrastructure must be submitted and approved prior to the issue of any approval under the Building Act 2016. The design drawings and calculations must:
1. Be prepared by a suitably qualified person;
2. Meet the requirements of Australian Standard AS3500 (including pumped system) or Council Approved Alternative;
3. Include long section(s)/levels and grades to the point of discharge; and
4. Include gravity discharge (via dispersion pit) to Council's public infrastructure.
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.
• It is advised that documentation for condition endorsement is lodged well before a Building Permit is required, as failure to address design requirements until Building Application stage may result in unexpected delays.
Reason for condition
To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
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 with sufficient receiving capacity, prior to first occupation.
Any private or private shared stormwater system passing through thirdparty land must have sufficient receiving capacity.
Reason for condition
To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
ENG s3
Design drawings and calculations of any proposed charged stormwater drainage and connection to the Council's stormwater infrastructure must be submitted and approved prior to the issue of any approval under the Building Act 2016. The design drawings and calculations must:
1. Be prepared by a suitably qualified person;
2. If total head is low (less than 1.8m), calculations by a qualified person, showing that the system will cope with the appropriate storm events;
3. Gravity connection to Council infrastructure from an open dispersion pit within the property boundary, providing an airbreak;
4. The roof gutters must have a leaf protection system;
5. The roof gutters or rain heads must have an overflow system. This should be of such a design to make it obvious when the system fails;
6. The stormwater drain must have an access opening at its lowest point to provide a scour cleaning port. This access opening must in a pit, or in an easily accessible area that can contain the rubbish from the scouring process. The scour pit must discharge to an approved soakage pit.
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.
• It is advised that documentation for condition endorsement is lodged well before a Building Permit is required, as failure to address design requirements until Building Application stage may result in unexpected delays.
Reason for condition
To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
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. Sediment controls must be 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 17
The palette of exterior colours and materials must reflect the palette of materials within the local streetscape and precinct.
Plans must be submitted and approved prior to the commencement of work. The plans must;
1. Show the colour finish of all exterior cladding to satisfy the above requirement.
All work required by this condition must be undertaken in accordance with the approved plans.
Advice: Once the plans have been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Reason for condition
To ensure that development at a (select relevant) heritage place/precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.
ADVICE
The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
CONDITION ENDORSEMENT PLANNING
If a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services eplanning
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.
Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.
CONDITION ENDORSEMENT ENGINEERING
All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:
Value of Building Works Approved by Planning Permit Fee:
• Up to $20,000: $150 per application.
• Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.
These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.
Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.
Once confirmed, pleased call one of the City’s Customer Service Officers on 6238 2190 to make payment, quoting the reference number (ie. CEP number) of the Condition Endorsement you have lodged. Once payment is made, your engineering drawings will be assessed.
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.
NEW SERVICE CONNECTION
Please contact the Hobart City Council's City Infrastructure Division to initiate the application process for your new stormwater connection.
STORM WATER
Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services 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.
CULTURAL HERITAGE
The Applicant is advised that the provision of open front yards enclosed by low boundaries is considered to be a feature of the Lansdowne Crescent/Hill Street Heritage Precinct and that any future application seeking the enclosure of the front yard by way of a fence exceeding 1.2m in height is unlikely to be given favourable consideration.
This application is approved on the basis of there being no carparking in the front yard. A future application proposing car parking in the front yard is unlikely to be given favourable consideration.
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Delegation: Council
Supplementary item 12 was then taken.
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7.1.3 6 / 212 Collins Street, Hobart - Partial Change of Use to Visitor Accommodation |
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DENISON That the recommendation contained in the report of the Acting Senior Statutory Planner and the Manager Development Appraisal of 31 August 2018, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial change of use to visitor accommodation at 6/212 Collins Street, Hobart for the reasons outlined in the officer’s report, attached to item 7.1.3 of the Open City Planning Committee agenda of 10 September 2018 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 PLN18399 6/212 COLLINS 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.
VISITOR ACCOMMODATION
No building permit is required for a change of use to visitor accommodation to dwellings or residential premises used by the owner or occupier as their main place of residence, if the home has four or less bookable rooms.
A change of use to visitor accommodation for strata lots will also need to comply with any additional requirements from the body corporate.
You should consult with your insurance provider to ensure appropriate insurance coverage.
More information on visitor accommodation can be found here.
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Delegation: Committee
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7.1.4 30-34 Grays Road, Fern Tree, 100 Pinnacle Road, Mount Wellington - Dwelling |
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DENISON That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 31 August 2018, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a dwelling at 3034 Grays Road, Fern Tree for the reasons outlined in the officer’s report, attached to item 7.1.4 of the Open City Planning Committee agenda of 10 September 2018 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 PLN171060 3034 GRAYS ROAD FERN TREE TAS 7054 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
THC
The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 5662 dated 20 August 2018, as attached to the permit.
Reason for condition
To clarify the scope of the permit.
ENG sw4
The new stormwater connection and culvert upgrade must be constructed at the owner’s expense, prior to the first occupation.
Detailed engineering drawings and associated calculations must be submitted and approved, prior to commencement of work or issue of any consent under the Building Act 2016 (whichever occurs first). The detailed engineering drawings must include:
1. Show in plan and longsection the location, size, materials and embedment of the connection appropriate to satisfy the needs of the development.
2. Show in both plan and longsection the proposed stormwater culvert inlet and outlet upgrade, including but not limited to, connections, inflow structure, and scour control.
3. Reflect any requirements of landlord consent and planning condition HERs1.
All work required by this condition must be undertaken in accordance with the approved detailed engineering drawings.
Advice: · Council notes the proposed upgrade of the pipe itself may conflict with HERs1, and as such may not be approved. The upgrade is not required for the proposed development with detention.
· A Council City Infrastructure Division application for a new stormwater connection and Permit to Construct Public Infrastructure will be required.
· 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 sw7
Stormwater detention for stormwater discharges from the development must be installed prior to commencement of use /issue of a Certificate of Completion (whichever occurs first).
A stormwater management report and design must be submitted and approved, prior to commencement of work / issue of any consent under the Building Act 2016 (whichever occurs first). The stormwater management report and design must:
1. Be prepared by a suitably qualified engineer;
2. Include detailed design and supporting calculations of the detention tank, sized such that there is no increase in flows from the developed site up to the critical 5% AEP storm event. All assumptions must be clearly stated.
3. Include design drawings of the detention tank showing the layout, the inlet and outlet (including long section), the overflow mechanism, outlet size and emptying time.
4. Include a Stormwater Management Summary Plan that outlines the obligations for future property owners to stormwater management, including a maintenance plan which outlines the operational and 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: Once the stormwater management report and design has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement)
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.
Reason for condition
To ensure the development’s stormwater system takes into account limited receiving capacity of Council’s infrastructure.
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 2b
Prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first), a certified vehicle barrier design (including site plan with proposed location(s) of installation) prepared by a suitably qualified engineer, compliant with Australian Standard AS/NZS1170.1:2002, must be submitted to the Council.
Advice: · If the development's building approval includes the need for a Building Permit from Council, the applicant is advised to submit detailed design of vehicular barrier as part of the Building Application. If the development's building approval is covered under Notifiable Work the applicant is advised to submit detailed design of vehicular barrier as a condition endorsement of the planning permit condition. Once the certification has been accepted, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
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, vehicular barriers must be inspected by a qualified engineer and certification submitted to the Council confirming that the installed vehicular barriers comply with the certified design and Australian Standard AS/NZS1170.1:2002.
Advice:
· Certification may be submitted to the Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement).
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 and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved, prior to the commencement of work.
The access driveway 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.
Advice: · 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.
· Once the design has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
· 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.
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 3c
The access driveway and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the design drawings approved by Condition ENG 3b.
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 above drawings must be lodged with Council.
Advice: · Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement).
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.
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 1
The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council. Any damage must be immediately reported to Council.
A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.
A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, preexisting damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.
Reason for condition
To ensure that any of the Council's infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.
ENG r1
The driveway deck in particular the footing near the sealed road within the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.
Detailed
design drawings and
structural certificates of
the driveway deck
and footing within the
Grays Road highway reservation must be
submitted and approved, prior
to the commencement of work and
must: 1. Be prepared and certified by a suitable qualified person and experienced engineer.
2. Detail the design and location of the footing and driveway deck.
3. Detail the location of trees within the highway reservation at or near the driveway deck and if they are to be removed or retained.
4. If any trees are to be removed within the highway reservation, this approval has not been granted and access must be revised to avoid any impacts on trees.
5. Not undermine the stability of the highway reservation embankment.
6. Not transfer additional loads onto the sealed road.
7. Take into account and reference accordingly any Geotechnical findings.
8. The structure certificated and drawings should note accordingly the above.
All work required by this condition must be undertaken in accordance with the approved select design drawing and structural certificates.
Advice:
· The applicant is required submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.
· Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure that the stability and integrity of the Council’s highway reservation is not compromised by the development.
ENGR 3
Prior to the commencement of use, the proposed driveway crossover Grays Road highway reservation must be designed and constructed in general accordance with:
· Urban TSDR09v1 – Urban Roads Driveways and TSD R14v1 Type KC vehicular crossing.
Design drawings must be submitted and approved prior to the commencement of work. The design drawing must:
1. Show the cross and long section of the driveway crossover within the highway reservation and onto the property.
2. Detail any services or infrastructure (ie light poles, pits) at or near the proposed driveway crossover.
3. Be designed for the expected vehicle loadings.
4. Show swept path templates for each car parking space (ingress and egress) in accordance with AS/NZS 2890.1 2004 (B85 design template).
5. If the design deviates from the requirements of the TSD then the drawings must demonstrate that a B85 vehicle (AS/NZS 2890.1 2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the cars underside.
6. Be prepared and certified by a suitable qualified person, to satisfy the above requirement.
All work required by this condition must be undertaken in accordance with the approved drawings.
Advice:
· The applicant is required submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.
· Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure that works will comply with the Council’s standard requirements.
ENV 15
All construction vehicles and machinery must be effectively cleaned of soil both before entering and before leaving the property.
Soil cleaned from construction vehicles and machinery must not be allowed, either directly or indirectly, to enter waterways or the Council’s stomwater system.
Note: further information on effective measures for washdown can be found here.
Reason for condition
To minimise the spread of weeds and pathogens.
ENV 16
No soil is to be imported onto the site unless determined as being free of weed propagules when tested in accordance with AS 4419 Soils for Landscaping and Garden Use.
Reason for condition
To minimise the spread of weeds.
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 s1
A further design for the proposed stormwater infrastructure within the Pipeline Track site is required. The design must be visually recessive and not try to replicate the historic stone features of the Hobart Mountain Water Supply System. Every effort must be made to explore options to find a solution that has the least impact on existing historic pipeline infrastructure, surrounding vegetation and the landscape qualities of the pipeline track while retaining existing infrastructure.
Prior to the issue of any approval under the Building Act 2016 revised plans must be submitted and approved.
All work required by this condition must be undertaken in accordance with the approved revised plans.
Reason for condition
To ensure that demolition and new development does not result in the loss of historic cultural heritage values of the historic Pipeline Track and Pipeline Track Cultural Landscape Precinct.
OPS s2
An Environmental Management and Communications Plan must be submitted and approved by the Council's Director of Parks and City Amenity and Senior Cultural Heritage Officer, prior to commencement of work on the upgrade to the stormwater infrastructure in the Pipeline Track. The Plan must be in the format of the Council template Environmental Management Guidelines and Construction Management Plan for private works in a Council reserve. Please contact the City's Senior Parks Planner (6238 2887 or coh@hobartcity.com.au) to access this template.
All work required by this condition must be undertaken in accordance with the approved Environmental Management and Communications Plan.
Advice: Once the Environmental Management and Communications Plan has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
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.
Reason for condition
To minimise impact from construction works on the environment and infrastructure.
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.
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 (e.g. placement of skip bin, crane, 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.
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 Infrastructure Division to initiate the permit process).
NEW SERVICE CONNECTION
Please contact the Hobart City Council's City Infrastructure Division to initiate the application process for your new service connection.
WORK WITHIN THE HIGHWAY RESERVATION
Please note development must be in accordance with the Hobart City Council’s Highways By law. Click here for more information.
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.
COUNCIL RESERVES
This permit does not authorise any works (other than stormwater infrastructure upgrade in accordance with the above condition) on the adjoining Council land. Any act that causes, or is likely to cause damage to Council’s land may be in breach of the Council’s Parks, Recreation and Natural Areas Bylaw and penalties may apply. The by law 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.
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.
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Delegation: Council
8. Reports
Delegation: Committee
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COCKER That the recommendation contained in the memorandum of the Director City Planning of 5 September 2018, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 5 September 2018 be received and noted.
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Delegation: Committee
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DENISON That the recommendation contained in the memorandum of the Director City Planning of 4 September 2018, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum titled ‘City Planning – Advertising List’ of 4 September 2018 be received and noted.
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Delegation: Committee
9. Motions of which Notice has been Given
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That in accordance with Council’s policy, the following Notice of Motion which was adopted by the City Planning Committee, be considered by the Council. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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“In an effort to reduce the impacts from tobacco smoking, on both human health and the environment from cigarette butt litter, a report be prepared to:
1) Identify more areas of Hobart suitable to become smoke-free, such as Franklin Square, the city’s beaches and CBD streets;
2) Determine ways to measure whether already designated non-smoking areas actually are smoke-free (these include occupation licensed drinking and dining areas, playgrounds, 3 metres from doorways and designated smoke-free streets);
3) Work with the state government to improve effectiveness of audit, enforcement and policy for harm minimisation from tobacco smoking.”
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Rationale:
“Smoking rates in Tasmania are higher than any other state, are not decreasing as they are in all other states and territories. Smoking-related disease causes many hospitalisations and over 500 deaths in Tasmania each year. (Australian Institute of Health and Welfare report 2018).
In Australia, cigarette butts are consistently the most littered item identified in national clean-up campaigns. Around seven billion butts become litter in Australia every year. Filters are harmful to the environment, as they contain plastic and are not bio-degradable.” (Barnsley K, Walters H, The Conversation, October 2017).
Both human and environmental impacts of smoking and cigarette butt litter have serious implications for our city. Not only are there reports of poor health outcomes, but there is also a negative effect on amenity of our city streets, parks, storm water and waterways from cigarette butts remaining in the environment, leaching toxins.
In 2010, the City of Hobart introduced various smoke-free areas and as a condition of outdoor dining occupation licenses. Whilst some areas are really effective and generally remain smoke-free, anecdotally there are still many breaches of smoking in other parts of the city.
This motion calls for a further expansion in smoke-free areas, to de-normalise smoking in Hobart, with the ultimate aim of reducing harm to human and environmental health.”
The General Manager reports:
“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to public health and the environment.”
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Delegation: Council
Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
No questions were asked at the meeting.
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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:
· Confirmation of the closed minutes; · Questions without notice in the closed portion.
The following items were discussed: -
Item No. 1 Minutes of the last meeting of the Closed Portion of the Council Meeting Item No. 2 Consideration of supplementary items to the agenda Item No. 3 Indications of pecuniary and conflicts of interest Item No. 4 Questions Without Notice
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
Ms Leanne Hollier and Mr Rodney Wright (Representors) addressed the Committee in relation to supplementary item 12.
Ms Caroline Lindus – Senior Planner of ERA Planning, addressed the Committee in relation to supplementary item 12 on behalf of the Applicant.
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12. 34 Patrick Street, Hobart Adjacent Road Reserve - Partial Demolition and Alterations, New Building for Multiple Dwellings, and Works in Road Reserve |
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RUZICKA That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition and alterations, new building for multiple dwellings, and works in road reserve at 34 Patrick Street, Hobart, for the following reasons: 1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.1 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the development:
(a) Will not contribute to a range of dwelling types and sizes appropriate to the locality; and
(b) Does not provide for a specific accommodation need, such as aged care, special needs or student accommodation.
2. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.2 A3 or P3 of the Hobart Interim Planning Scheme 2015 because the siting and scale of the dwellings will cause an unreasonable loss of amenity by:
(a) Reduction in sunlight to a habitable room (other than a bedroom) of a dwelling on an adjoining lot;
(b) Overshadowing the private open space of a dwelling on an adjoining lot; and
(c) Visual impacts caused by the apparent scale, bulk or proportions of the dwelling when viewed from an adjoining lot.
3. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.2 A3 or P3 of the Hobart Interim Planning Scheme 2015 because the siting and scale of the dwellings will not provide separation between dwellings on adjoining lots that is compatible with that prevailing in the surrounding area.
4. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.3 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the dwellings will not have:
(a) Private open space that is of a size and dimensions that are appropriate for the size of the dwelling and is able to accommodate:
(i) Outdoor recreational space consistent with the projected requirements of the occupants and, for multiple dwellings, take into account any communal open space provided for this purpose within the development; and (ii) Operational needs, such as clothes drying and storage; and (b) Reasonable space for the planting of gardens and landscaping.
5. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.6 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the proposed decks will not be screened or otherwise designed to minimise overlooking of a dwelling on an adjoining lot or its private open space.
6. The proposal does not meet the
acceptable solution or the performance criterion with respect to clause
E6.6.1 A1 or P1 of the Hobart
Interim Planning Scheme 2015 because the number of on-site car
parking spaces is not sufficient to meet the reasonable needs of users,
having regard to: (a) Car parking demand;
(b) The availability of on-street and public car parking in the locality;
(c) The availability and frequency of public transport within a 400m walking distance of the site;
(d) The availability and likely use of other modes of transport;
(e) The availability and suitability of alternative arrangements for car parking provision.
7. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.3 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the number of on-site motorcycle parking spaces is not sufficient to meet the needs of likely users, having regard to:
(a) Motorcycle parking demand;
(b) The availability of on-street and public motorcycle parking in the locality;
(c) The availability and likely use of other modes of transport;
(d) The availability and suitability of alternative arrangements for motorcycle parking provision. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition and alterations, new building for multiple dwellings, and works in road reserve at 34 Patrick Street, Hobart, for the following reasons: 1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.1 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the development:
(a) Will not contribute to a range of dwelling types and sizes appropriate to the locality; and
(b) Does not provide for a specific accommodation need, such as aged care, special needs or student accommodation.
2. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.2 A3 or P3 of the Hobart Interim Planning Scheme 2015 because the siting and scale of the dwellings will cause an unreasonable loss of amenity by:
(a) Reduction in sunlight to a habitable room (other than a bedroom) of a dwelling on an adjoining lot;
(b) Overshadowing the private open space of a dwelling on an adjoining lot; and
(c) Visual impacts caused by the apparent scale, bulk or proportions of the dwelling when viewed from an adjoining lot.
3. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.2 A3 or P3 of the Hobart Interim Planning Scheme 2015 because the siting and scale of the dwellings will not provide separation between dwellings on adjoining lots that is compatible with that prevailing in the surrounding area.
4. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.3 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the dwellings will not have:
(a) Private open space that is of a size and dimensions that are appropriate for the size of the dwelling and is able to accommodate:
(i) Outdoor recreational space consistent with the projected requirements of the occupants and, for multiple dwellings, take into account any communal open space provided for this purpose within the development; and (ii) Operational needs, such as clothes drying and storage; and (b) Reasonable space for the planting of gardens and landscaping.
5. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.6 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the proposed decks will not be screened or otherwise designed to minimise overlooking of a dwelling on an adjoining lot or its private open space.
6. The proposal does not meet the
acceptable solution or the performance criterion with respect to clause
E6.6.1 A1 or P1 of the Hobart
Interim Planning Scheme 2015 because the number of on-site
car parking spaces is not sufficient to meet the reasonable needs of users,
having regard to: (a) Car parking demand;
(b) The availability of on-street and public car parking in the locality;
(c) The availability and frequency of public transport within a 400m walking distance of the site;
(d) The availability and likely use of other modes of transport;
(e) The availability and suitability of alternative arrangements for car parking provision.
7. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.3 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the number of on-site motorcycle parking spaces is not sufficient to meet the needs of likely users, having regard to:
(a) Motorcycle parking demand;
(b) The availability of on-street and public motorcycle parking in the locality;
(c) The availability and likely use of other modes of transport;
(d) The availability and suitability of alternative arrangements for motorcycle parking provision.
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Delegation: Council
Ms Anne McConnell (Representor) addressed the Committee in relation to supplementary item 13.
Mr Martin Schmidt – Senior Architect (Applicant) together with Ms Jill Hickie – Senior Park Planner of the City of Hobart addressed the Committee in relation to supplementary item 13.
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13. 100 Pinnacle Road, Mount Wellington Adjacent Road Reserve - Playground, Track Works, Landscaping, Picnic Shelter, Public Toilet, Carpark and Associated Road Works |
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COCKER That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 5 September 2018, be adopted, as amended by an additional condition to read as follows:
‘HER 7
Archival quality annotated photographs and drawings of the stone bush shelter must be recorded prior to commencement of work.
The photographs and drawings must be submitted and approved, prior to the commencement of work. The photographs and drawings must include:
1. Each elevation of the building;
2. The interior of the building;
3. Architectural design detailing of the building;
4. Both electronic and hard copy colour images;
5. Photographs of any detail that may be of historical or architectural interest; and
6. Cross referencing of all photographs to “as existing” plan showing the location and orientation of the camera.
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That: Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for playground, track works, landscaping, picnic shelter, public toilet, carpark and associated road works at 100 Pinnacle Road, Mount Wellington for the reasons outlined in the officer’s report, attached to supplementary item 13 of the Open City Planning Committee agenda of 10 September 2018 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 PLN18472 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
THC
The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 5656 dated 17 August 2018, as attached to the permit.
Reason for condition
To clarify the scope of the permit.
ENG sw3
The proposed carpark must be designed to ensure the longterm protection of Council’s stormwater main (piped creek).
A detailed design must be submitted and approved prior to commencement of works of Stage 2 (carpark upgrade). The detailed design
must: 1. Include a longsection of Council's stormwater main clearly showing proposed cover. If the cover is less than 600mm, engineering details and full calculations to relevant Australian standards (including construction traffic loading) must be submitted to demonstrate the mains can withstand the likely forces and will be adequately protected. All assumptions must be stated.
2. Be certified by a suitably qualified engineer
All work must be undertaken in accordance with the approved design.
Advice: Once the detailed design has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
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.
Reason for condition
To ensure the protection of the Council’s hydraulic infrastructure.
ENG sw5
The development (including hardstand) must be drained to Council infrastructure with sufficient receiving capacity.
The new public stormwater infrastructure (connections, swales, pits, pipes etc) required for each stage must be designed and constructed prior to the commencement of the use and prior to issue of any completion (whichever occurs first).
Engineering design drawings for each
stage must be submitted and approved, prior
to commencement of work on that stage.
The engineering drawings must: 1. Be certified by a qualified and experienced engineer.
2. 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.
3. Include the associated calculations and catchment area plans. The infrastructure (main/ spoon drains) must be sized to accommodate at least the 5% AEP flows.
4. Clearly distinguish between public and private infrastructure, and responsibility for ongoing maintenance.
5. Be substantially in accordance with the LGAT Standard Drawings and Tasmanian Subdivision Guidelines.
All work required by this condition must be undertaken in accordance with the approved engineering drawings.
Advice: · Council notes the submitted plans are acceptable for the overall development, however are not appropriate for the proposed staging. Any revised stormwater plans must be approved by Council's Road and Environmental Engineering Unit.
· Once the engineering drawings have been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement). 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.
· Should external contractors be carrying out the work, application for new stormwater connections and/or a permit to construct public infrastructure will be required from Council's City infrastructure Division.
· It is recommended for pedestrian safety, that the pedestrian footpath proposed along the western side of Huon Road (to link the Fern Glade Car Park to the Fern Tree Park) is constructed prior to the upgrade works to the carpark and park being undertaken.
Reason for condition
To ensure Council’s hydraulic infrastructure meets acceptable standards.
ENG 4
The access 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 commencement of use.
Reason for condition
To ensure the safety of users of the access 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 1
The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council. Any damage must be immediately reported to 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, watercourse, 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 s1
Detail design drawings of the proposed works within the Huon Road and Stephenson Place Highway Reservation must be undertaken prior to the commencement of works for that stage to the satisfaction of the Director City Infrastructure.
The drawings submitted must include:
1. Detail signage, line marking, kerb and median island plan for approval by the City’s Traffic Engineer.
2. A street lighting design in accordance with AS/NZS 1158 series to the requirements of TasNetworks.
3. Detail long and cross sections of the bus bay, median islands, kerb ramps, footpath, kerb, road, road shoulder, rain garden and driveway crossovers to be installed along with how these will match into existing.
4. Detail the materials and standards to which the works will be built.
5. Detail any existing or new infrastructure or services in relation to the works, including the new toilet block and bus shelter.
6. Structural drawings of the new retaining wall.
7. Be prepared 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 submitted.
Advice: · Once the approved drawings has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
· Please note that if your detailed road design requires the reduction of speed limit to be viable, approval from State Growth for the speed limit reduction should be obtained prior to obtaining detailed road design approval from the City's Traffic Engineer.
· It is recommended for pedestrian safety, that the pedestrian footpath proposed along the western side of Huon Road (to link the Fern Glade Car Park to the Fern Tree Park) is constructed prior to the upgrade works to the carpark and park being undertaken.
Reason for condition
Work undertaken to the Road Authority’s satisfaction and comply with the Council’s standard requirements.
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 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: Once the SWMP has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
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.
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 10
All stone steps leading from the Huon Road up to St Raphael's Church must be reused as part of the wider Fern Tree park redevelopment project. All other stone from demolished structures should be reused or recycled as part of the same wider project.
Reason for condition
To ensure that demolition in whole or part of a heritage place and cultural landscape precinct does not result in the loss of historic cultural heritage values.
HER 11
Prior to the commencement of work, the location, including the alignment, depth and nature of all features of the historic pipeline associated with the Mountain Water Supply System in the subject area are to be clearly identified and recorded. To satisfy this condition some minor investigations or excavation can occur.
All features are to be surrounded/covered by fences, barricades or hoardings to protect the features from damage during construction.
Reason for condition
To ensure that development at a heritage place and in a cultural landscape precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.
HER 7
Archival quality annotated photographs and drawings of the stone bush shelter must be recorded prior to commencement of work.
The photographs and drawings must be submitted and approved, prior to the commencement of work. The photographs and drawings must include:
1. Each elevation of the building;
2. The interior of the building;
3. Architectural design detailing of the building;
4. Both electronic and hard copy colour images;
5. Photographs of any detail that may be of historical or architectural interest; and
6. Cross referencing of all photographs to “as existing” plan showing the location and orientation of the camera.
ADVICE
The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
CONDITION ENDORSEMENT ENGINEERING
All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:
Value of Building Works Approved by Planning Permit Fee: · Up to $20,000: $150 per application.
· Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.
These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.
Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.
Once confirmed, pleased call one of the City’s Customer Service Officers on 6238 2190 to make payment, quoting the reference number (ie. CEP number) of the Condition Endorsement you have lodged. Once payment is made, your engineering drawings will be assessed.
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.
PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE
External contractors will require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Infrastructure Division to initiate the permit process).
NEW SERVICE CONNECTION
Please contact the Hobart City Council's City Infrastructure Division to initiate the application process for your new stormwater connection.
STORM WATER
Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services By law. Click here for more information.
STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN
The design of structures (including footings) must provide protection for the Council’s infrastructure. For information regarding appropriate designs please contact the Council's City Infrastructure Division.
WORK WITHIN THE HIGHWAY RESERVATION
Please note development must be in accordance with the Hobart City Council’s Highways By law. Click here for more information.
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.
STORM WATER / ROADS / ACCESS
Services to be designed and constructed in accordance with the (IPWEA) LGAT – standard drawings. Click here for more information.
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.
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.
ROCKFALL RISK ASSESSMENT
It is recommended that a rock fall risk assessment for the proposed car park area is carried out by a geotechnical engineer and that any recommendations required to reduce the risk to tolerable levels are implemented.
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a Deputation Supporting Documentation - Ms Anne McConnell ⇨
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Delegation: Council
Mr Simon Yates and Ms Christine Neely (Representors) addressed the Committee in relation to supplementary item 14.
Ms Kate Symons – Director of MGArchitecture.Interiors addressed the Committee in relation to supplementary item 14 on behalf of the Applicant.
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14. 106 Salamanca Place, Battery Point - Partial Demolition, Alterations and Multiple Dwelling |
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BURNET That the recommendation contained in the report of the Acting Senior Statutory Planner and the Manager Development Appraisal of 6 September 2018, be adopted. |
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MOTION CARRIED VOTING RECORD
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That: Pursuant to the Sullivans Cove Planning Scheme 1997, the Council refuse the application for 106 Salamanca Place, Battery Point for partial demolition, alterations and multiple dwelling outlined in the officer’s report, attached to supplementary item 14 of the Open City Planning Committee agenda of 10 September 2018 for the following reasons:
1. The proposed development would fail to complement and contribute to the cultural significance, character and appearance of this place of cultural significance or to the wider group of cottages in which it stands, also identified as places of cultural significance, contrary to 22.4.5 and 22.5.5 of the Sullivans Cove Planning Scheme 1997.
2. The proposed development, by virtue of its location, bulk, height and form would be individually prominent both to this place of cultural significance and within the wider group of cottages in which it stands, also identified as places of cultural significance, contrary to 22.4.5 and 22.5.5 of the Sullivans Cove Planning Scheme 1997.
3. The proposed development, by virtue of its location, bulk and appearance would adversely affect the heritage values of this place of cultural significance and those of the wider group of cottages in which it stands, also identified as places of cultural significance, contrary to 22.4.5 and 22.5.5 of the Sullivans Cove Planning Scheme 1997. |
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a Deputation Supporting Documentation - Mr Simon Yates (Representor)
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Item 7.1.1 was then taken.
There being no further business the open portion of the meeting closed at 7:00 pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
24th DAY OF SEPTEMBER 2018.
CHAIRMAN
