Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 8

11/6/2019

7.1 Applications under the Hobart Interim Planning Scheme 2015

7.1.1 349 Elizabeth Street, North Hobart - Partial Demolition, Alterations, Extension, Signage and Partial Change of Use to Hotel Industry

PLN-19-137 - FILE REF: F19/69874

Address: 349 Elizabeth Street, North Hobart

Proposal: Partial Demolition, Alterations, Extension, Signage and Partial Change of Use to Hotel Industry

Expiry Date: 23 June 2019

Extension of Time: Not applicable

Author: Liz Wilson

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations, extension, signage and partial change of use to hotel industry at 349 Elizabeth Street, North Hobart for the following reasons:

1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause F2.3.2 A3 or P3 of the Hobart Interim Planning Scheme 2015 because the development is inconsistent with the characteristic solid (wall) to void (opening) ratio in the section of Elizabeth Street which is subject to the North Hobart Specific Area Plan.

2. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.7.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because demolition results in the loss of original 19th century historic fabric and form that contributes to the historic cultural heritage significance of the place, and it has not been demonstrated: (a) that there are environmental, social, economic or safety reasons of greater value to the community than the historic cultural heritage values of the place; and (b) that there are no prudent and feasible alternatives to the removal of the heritage fabric; and (c) that important structural or façade elements that can feasibly be retained and reused in a new structure, are not proposed to be retained.

3. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.7.2 A1 and P1 (a) of the Hobart Interim Planning Scheme 2015 because it results in the loss of cultural historic significance of the place through incompatible design, height, scale, bulk, form, fenestration, siting and materials, and also results in the substantial diminution of the heritage values of through the loss of features, fabric and items that contribute to the significance of the place.

4. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.7.2 A2 and P2 (a), (b), (c) and (d) of the Hobart Interim Planning Scheme 2015 because it will not be subservient and complementary to the listed place due to its bulk, scale, fenestration, siting and materials.

5. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.7.2 A3 and P3 of the Hobart Interim Planning Scheme 2015 because it does not respond to the dominant heritage characteristics of the listed place in its materials, built form and fenestration.

6. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.7.2 A4 and P4 of the Hobart Interim Planning Scheme 2015 because the extension detracts from the historic cultural heritage significance of the place as a consequence of its height, scale, bulk, siting and facade treatment.

7. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.8.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the demolition results in the loss of original 19th century historic fabric and form that contributes to the historic cultural heritage significance of the precinct, and it has not been demonstrated: (a) that there are environmental, social, economic or safety reasons of greater value to the community than the historic cultural heritage values of the place; and (b) that there are no prudent and feasible alternatives; and (c) that the replacement building will be more complementary to the heritage values of the precinct.

8. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.8.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the design and siting of the proposal results in detriment to the historic cultural heritage significance of the precinct through its siting, bulk, height, scale and facade treatment.

9. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.8.2 A3 or P3 of the Hobart Interim Planning Scheme 2015 because the extension detracts from the historic cultural heritage significance of the precinct through its siting, bulk, height, scale and facade treatment.

Attachment a: PLN-19-137 - 349 ELIZABETH STREET NORTH HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-137 - 349 ELIZABETH STREET NORTH HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-19-137 - 349 ELIZABETH STREET NORTH HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 92

11/6/2019

7.1.2 71 Letitia Street, North Hobart - Partial Demolition, Subdivision (One Additional Lot) and Alterations to Carparking

PLN-19-79 - FILE REF: F19/71709

Address: 71 Letitia Street, North Hobart

Proposal: Partial Demolition, Subdivision (One Additional Lot) and Alterations to Carparking

Expiry Date: 11 July 2019

Extension of Time: Not applicable

Author: Mark O’Brien

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, subdivision (one additional lot) and alterations to carparking at 71 Letitia Street, North Hobart for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and development must be substantially in accordance with the documents and drawings that comprise PLN1979 71 LETITIA STREET NORTH HOBART TAS 7000 FINAL PLANNING DOCUMENTS, except where modified below.

Reason for condition

To clarify the scope of the permit.

The use and development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2019/00225HCC dated 17 April 2019, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

THC

The use and development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 5845 dated 22 May 2019, 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 sealing of the final plan.

Detailed engineering drawings must be submitted and approved, prior to commencement of work. The detailed engineering drawings must include:

1. The location of the proposed connection; and

2. 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 Infrastructure 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 Infrastructure 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 sealing of the final plan. 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:

1. Prepared by a suitably qualified person; and

2. 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.

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, prior to commencement work (including demolition). The construction traffic and parking management plan must:

1. Be prepared by a suitably qualified person.

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

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

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

5. Nominate a superintendent, or the like, to advise the Council of the progress of works in relation to the traffic and parking management with regular meetings during the works.

All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.

Advice:

· Once the construction traffic and parking management 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 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 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 3c

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the Pitt & Sherry Proposed Parking Lot design drawing received by the Council on the 19th February 2019.

Prior to the sealing of the final plan, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above drawing 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 sealing of the final plan.

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 minimum number of car parking spaces (including two accessible parking spaces for people with a disability) approved on the site for use, is sixty two (62).

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 sealing of the final plan.

Reason for condition

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

ENG 9

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

Reason for condition

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

ENG 1

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

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

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

Council.

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

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

Reason for condition

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

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.

SURV 1

The applicant must submit to the Council a copy of the surveyor’s survey notes at the time of lodging the final plan.

Reason for condition

To enable the Council to accurately update cadastral layers on the corporate Geographic Information System.

SURV 2

The final plan and schedule of easements must be submitted and approved in accordance with section 89 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

Reason for condition

To ensure that the subdivision/boundary adjustment is carried out in accordance with the Council's requirements under the provisions of Part 3 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

ENG 14

Prior to the sealing of the final plan, private sewer, stormwater (including surface drainage) and water services/connections are to be entirely separate to each lot in order to ensure that they are contained wholly within the lots served (or appropriate easements).

Reason for condition

To ensure that the subdivision of land provides adequate services to meet the projected needs of future development.

ENG15

In order to satisfy condition ENG 14 on the separation of services, the developer must verify compliance by supplying the Council with an as installed services plan clearly indicating the location and details of all relevant services (entirely contained within their respective lots or appropriate easements). The asinstalled services plan must be accompanied by certification from a suitably qualified person that all engineering work required by this permit has been completed.

Advice:

· Any final plan submitted for sealing will not be processed unless it is accompanied by documentation by a qualified person that clearly certifies that this condition has been satisfied and that all the work required by this condition has been completed. A “qualified person” must be a Professional Engineer or Professional Surveyor or other persons acceptable to Council.

Reason for condition

To ensure that the Developer provides the Council with clear written confirmation that the separation of services is complete.

Part 5 1

Prior to the commencement of work, the owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 and which provides for the following:

1. That Lot 1 is designated for multiple dwelling use and development only.

All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.

The owner must comply with the Part 5 Agreement which will be placed on the property title.

Advice:

· Please contact the Council's Development Appraisal Unit on 6238 2715 to request the Part 5 Agreement process be started. Once the request to start the process has been made, the Council will have its solicitors prepare the Part 5 Agreement for signing by property owners. Council will then lodge the Agreement with the Lands Titles Office to be placed on the title of the property. The cost of preparing the Part 5 and registration with the Recorder of titles is to be met by the applicant.

· Where building approval is also required, it is recommended that the Part 5 Agreement process be started well before submitting documentation for building approval. Failure to start the Part 5 Agreement process prior to submitting for building approval may result in unexpected delays.

Reason for condition

To clarify the intended future use and development of the lot and to ensure compliance with the requirements of Table 11.1 of the Hobart Interim Planning Scheme 2015 with regard to acceptable lot size.

OPS 1

The owner must pay a cash contribution to the Council for contribution to public open space, prior to sealing of the final plan.

The open space contribution is equal to 5% of the undeveloped value of Lot 1, in lieu of the provision of public open space within the subdivision.

Advice:

· The value is to be determined by a registered valuer commissioned by the Council at the developer's cost. Please contact the Council's Development Appraisal Unit on 6238 2715 to instigate the valuation process.

Reason for condition

Approval of the subdivision will create further demand upon Hobart's Public Open Space System. The funds obtained will be used for future expenditure on the purchase or improvement of land for public open space in Hobart.

SUB s1

The existing brick building straddling the southeastern boundary of Lot 1 is to be removed, prior to the sealing of the final plan.

Reason for condition

To ensure that there are no building encroachments over the boundary of Lot 1.

SUB s2

A stormwater drainage design must be submitted and approved, prior to the commencement of use.

To satisfy the above requirement, the stormwater drainage design must:

1. Be prepared by a suitably qualified person;

2. Accommodate a storm with an average recurrence interval (ARI) of 20 years; and

3. Ensure that stormwater runoff will be no greater than preexisting runoff or any increase can be accommodated within existing or upgraded public stormwater infrastructure.

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

Advice:

· Once the stormwater drainage design has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

To ensure that the subdivision of land provides adequate services to meet the projected needs of future development.

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 for the occupation of the public highway for construction (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

TREES

Works are to ensure that any impact on the three trees on Letitia Street along the frontage of the balance lot is minimised. For example, there should be no storage of materials, parking of cars or compaction within the Tree Protection Zone.

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.

SUBDIVISION ADVICE

For information regarding standards and guidelines for subdivision works click here.

All conditions imposed by this permit are in accordance with the Local Government Building & Miscellaneous Provisions) Act 1993 and the Conveyancing and Law of Property Act 1884.

PUBLIC OPEN SPACE CASH IN LIEU VALUATION

Please contact the Council's Development Appraisal Unit on 6238 2715 to instigate the valuation process.

Attachment a: PLN-19-79 - 71 LETITIA STREET NORTH HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-79 - 71 LETITIA STREET NORTH HOBART 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-19-79 - 71 LETITIA STREET NORTH HOBART TAS 7000 - Planning Referral Officer Environmental Development Planner Report ⇩

Attachment d: PLN-19-79 - 71 LETITIA STREET NORTH HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.1.5

Agenda (Open Portion)

City Planning Committee Meeting

Page 467

11/6/2019

7.1.5 4 Glover Drive, Sandy Bay Adjacent Road Reserve - Dwelling

PLN-19-135 - FILE REF: F19/71234

Address: 4 Glover Drive, Sandy Bay Adjacent Road Reserve

Proposal: Dwelling

Expiry Date: 18 July 2019

Extension of Time: Not applicable

Author: Victoria Maxwell

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for dwelling at 4 Glover Drive, Sandy Bay, Tas, 7005 and adjacent road reserve for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN19135 4 GLOVER DRIVE SANDY BAY TAS 7005 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG sw1

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

Reason for condition

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

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 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 issuing of any approval under the Building Act 2016.

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. Demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, where the design deviates from AS/NZS2890.1:200.

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 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.

ENG r1

The earthretaining structures (ie embankments, cuttings, retaining walls) and footings and driveway within or supporting the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings, structural certificates and associated geotechnical assessments of the retaining walls, footing and driveway within or supporting the Glover Drive highway reservation highway reservation must be submitted and approved, prior to the commencement of work and must:

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

2. Not undermine the stability of the highway reservation.

3. Be designed in accordance with AS4678, with a design life in accordance with table 3.1 typical application major public infrastructure works.

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

5. Take into account and reference accordingly any Geotechnical findings.

6. Include pedestrian handrails on all retaining walls greater than 900mm located within the highway reservation.

7. Detail any mitigation measures required.

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 alteration to the driveway crossover Glover Drive highway reservation must be designed and constructed generally in 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 drawings must:

1. Demonstrate that a B85 vehicle (AS/NZS 2890.1:2004) can access the driveway from the road pavement into the property without scraping the underside of the B85 vehicle if the design deviates from the requirements of the TSD.

2. 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.

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.

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 8

The following landslide risk mitigation measures must be implemented and maintained for the life of the development:

1. Fill material required for the car parking area must be benched and keyed into the slope, with a suitably designed retaining wall on the downhill side.

2. All structures must have foundations extending into the underlying bedrock (pier footings recommended).

3. The natural slope must remain undisturbed at the existing slope angle, or if cuts are are to be carried out, engineered retaining structures must be used.

4. Development must be in accordance with the guidelines for hillside construction in Appendix G of the Practice Note Guidelines for Landslide Risk Management (Australian Geomechanics Society, 2007).

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by landslides

ENV 2

Sediment and erosion control measures, 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.

Part 5 r1

The owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 with respect to the protection retaining wall, building adjacent to the Glover Drive highway reservation prior to the commencement of work.

The owner must not undertake any works at any time (including excavation and building) that will have any effect on the integrity of the Glover Drive highway reservation or any retaining structure adjacent to Glover Drive highway reservation or the road formation themselves or undermine the structural integrity of the highway reservation.

All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.

The owner must comply with the Part 5 Agreement which will be placed on the property title.

Advice: For further information with respect to the preparation of a part 5 agreement please contact Council's Development Engineering Staff.

Reason for condition

To ensure the protection of Council are retained.

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 ENGINEERING

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.

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.

BUILDING OVER AN EASEMENT

In order to build over the service easement, you will require the written consent of the person on whose behalf the easement was created, in accordance with section 74 of the Building Act 2016.

STORMWATER

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.

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.

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.

Attachment a: PLN-19-135 - 4 GLOVER DRIVE SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-135 - 4 GLOVER DRIVE SANDY BAY TAS 7005 - CPC Agenda Documents ⇩

Attachment c: PLN-19-135 - 4 GLOVER DRIVE SANDY BAY TAS 7005 - Planning Referral Officer Environmental Development Planner Report ⇩

Attachment d: PLN-19-135 - 4 GLOVER DRIVE SANDY BAY TAS 7005 - Planning Referral Officer Development Engineering Report ⇩

Item No. 8.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 578

11/6/2019

REPORT TITLE: Resolutions Arising from the Public Meeting into Building Heights - Held 16 April 2019

REPORT PROVIDED BY: Manager Planning Policy and Heritage

Director City Planning

1. Report Purpose and Community Benefit

1.1. The purpose of the report is to address motions arising from a Public Meeting held on 16 April 2019 convened in response to a petition lodged by Hobart Not Highrise Inc.

2. Report Summary

2.1. The Council convened a public meeting at the City Hall on Tuesday, 16 April 2019 as the result of being petitioned in accordance with section 59(2) of the Local Government Act 1993 (the Act).

2.2. The petition was lodged by Hobart Not Highrise Inc and was initially presented to the Council at its meeting held on 18 February 2019.

2.3. The petition raised concerns with oversized buildings breaching height limits and sought actions from the Council including the conduct of a public meeting.

2.4. The Public Meeting subsequently moved a series of resolutions that, in accordance with Section 60A(5) of the Act, was tabled at the Council meeting held on 6 May 2019 whereat the Council resolved that the motions be referred to the relevant Committee for consideration.

2.5. Resolution 1 is calling for protection of Hobart’s heritage character by setting a maximum building height limit of 45m and limiting the use of discretion. In relation to this issue it is noted that at its meeting on 6 May 2019, the Council reaffirmed its decision of 15 April 2019, to work with the State Government to develop a Central Hobart Precincts Plan which will include an assessment of the social, economic and environmental impacts of setting maximum height limits. The Council did not agree to initiate planning scheme amendments to implement maximum height limits.

2.6. Resolution 2 suggests that disability access should not be constrained by the need to protect the heritage value of buildings. Provision of disability access to buildings is regulated by Federal legislation - the Disability Discrimination Act 1992 and the Disability (Access to Premises – Buildings) Standards 2010 as well as State legislation – the Building Act 2016. This legislation does not provide specific exemptions from the need to provide disability access solely because a building has heritage value.

2.7. Resolution 3 is calling for Council to develop a set of sustainable building criteria for inclusion in the planning scheme which considers energy efficiency, greening of buildings, environmental impacts and implications for public infrastructure.

2.8. Energy efficiency in buildings is regulated by the Building Act 2016 and the application of the National Construction Code (NCC) (Volumes 1 and 2). Section 9 of the Building Act 2016 limits the ability of planning schemes to contain technical requirements relating to the design or construction of a building. The other matters raised will be examined as part of the proposed Central Hobart Precincts Plan project.

3. Recommendation

That:

1. The report titled Resolutions Arising from the Public Meeting into Building Heights - Held 16 April 2019 dated 5 June 2019 be noted.

2. The Council note the issues raised in the resolutions relating to building heights and design will be examined as part of the proposed Central Hobart Precincts Plan project.

4. Background

4.1. The Council convened a public meeting at the City Hall on Tuesday, 16 April 2019 as the result of being petitioned to do so in accordance with section 59(2) of the Local Government Act 1993 (the Act).

4.2. The petition was lodged by Hobart Not Highrise Inc and was initially presented to the Council at its meeting held on 18 February 2019.

4.3. The petition raised concerns with oversized buildings breaching height limits and sought actions from the Council including the conduct of a public meeting.

4.4. The public meeting subsequently moved a series of resolutions that, in accordance with Section 60A(5) of the Act, was tabled at the Council meeting held on 6 May 2019 whereat the Council resolved that the motions be referred to the relevant Committee for consideration.

Resolutions of the Public Meeting

Resolution 1

4.5. This meeting calls on the Hobart City Council to protect the heritage character of Hobart by:

4.5.1. Acknowledging the social and economic value of the City’s character and working to ensure that new development complements that character.

4.5.2. Establishing a maximum height limit of 45 metres, which in part allow 15 storey buildings, but restricting such building to sites where they don’t impact on heritage buildings, streetscapes and precincts.

4.5.3. Strongly tighten the use of discretion in planning approvals which has led to serious abuse.

Resolution 2

4.6. That the preservation of heritage values shall not conflict with the ability of the disabled to enter buildings or otherwise enjoy life in the City of Hobart.

Resolution 3

4.7. Call the Hobart City Council to develop a set of sustainable building criteria and then include them into the planning scheme which considers among others:

4.7.1. energy efficiency of buildings;

4.7.2. greening of inner-city including the requirement for buildings greening and roof top gardens; and

4.8. Require each multi-story commercial development to address:

4.8.1. the environmental impact including but not limited to wind tunnel and heat island effects;

4.8.2. impact on public infrastructure including roads, public transport, housing, schooling etc;

4.8.3. further limit overshadowing at the street level.

Resolution 4

4.9. That the Lord Mayor convey to the Mayor of Paris, the City’s thoughts in this time of great grief at the devastation of the Cathedral of at Notre Dame.

5. Proposal and Implementation

5.1. It is proposed that the Council receive and note this report. A response to each of resolutions 1 to 3 is provided below:

Resolution 1

5.2. Resolution 1 is calling for protection of Hobart’s heritage character by setting a maximum building height limit of 45m and limiting the use of discretion.

5.3. In relation to the issue of setting maximum building heights, it is noted that at its meeting on 6 May 2019, the Council reaffirmed its decision of 15 April 2019, to work with the State Government to develop a Central Hobart Precincts Plan which will include an assessment of the social, economic and environmental impacts of setting maximum height limits.

5.4. Also at its meeting on 6 May 2019, the Council did not agree to initiate the planning scheme amendments to include maximum building heights in the planning schemes as provided in Attachment B to item 8.2 of the Open City Planning Committee agenda of 10 December 2018.

5.5. The proposed Central Hobart Precincts Plan project will also examine appropriate built form outcomes taking into account the Central Hobart Building Height Standards Review (L Woolley 2018).

5.6. The existing Hobart Interim Planning Scheme 2015 and the Sullivans Cove Planning Scheme 1997 contain provisions which provide for the protection of the heritage character of central Hobart and Sullivans Cove. The townscape and streetscape character objectives (Cl 22.1.3.1) in the Central Business Zone for example, contains the following objective:

That the historic cultural heritage values of places and precincts in the Central Business Zone be protected and enhanced in recognition of the significant benefits they bring to the economic, social and cultural value of the City as a whole.

Resolution 2

5.7. Resolution 2 suggests that disability access should not be constrained by the need to protect the heritage value of buildings.

5.8. Provision of disability access to buildings is regulated by Federal legislation - the Disability Discrimination Act 1992 and the Disability (Access to Premises – Buildings) Standards 2010 as well as State legislation – the Building Act 2016.

5.9. This legislation does not provide specific exemptions from the need to provide disability access solely because a building has heritage value. Exemptions are available where unjustifiable hardship can be demonstrated.

5.10. In determining whether compliance with the Disability (Access to Premises – Buildings) Standards 2010 would involve unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account, including the following:

S4.1(3)(k) detriment reasonably likely to be suffered by the building developer, building certifier or building manager, or people with a disability or other building users, including in relation to means of access, comfort and convenience, if compliance with these Standards is required;

S4.1(3)(l) if detriment under paragraph (k) involves loss of heritage significance — the extent to which the heritage features of the building are essential, or merely incidental, to the heritage significance of the building.

5.11. It would be unusual for the provision of disability access to be refused on heritage grounds. There are a number of alternative solutions available and many good examples of how access can be provided in a way which protects heritage values. One useful guide is: Access To Heritage Places Guidelines (Eric Martin & Associates, 2018)

http://www.emaa.com.au/uploads/4/6/3/2/46326229/20180112_access_to_heritage_buildings_guidelines_vic.pdf

Resolution 3

5.12. Resolution 3 is calling for the Council to develop a set of sustainable building criteria for inclusion in the planning scheme which considers energy efficiency, greening of buildings, environmental impacts and implications for public infrastructure.

5.13. Energy efficiency in buildings is regulated by the Building Act 2016 and the application of the National Construction Code (NCC) (Volumes 1 and 2). Section 9 of the Building Act 2016 limits the ability of planning schemes to contain technical requirements relating to the design or construction of a building.

5.14. The proposed Central Hobart Precincts Plan project will examine appropriate built form outcomes and address issues such as environmental impacts and implications for the provision of public infrastructure.

6. Strategic Planning and Policy Considerations

6.1. The Capital City Strategic Plan 2015 -2025 – Goal 5 - Governance

· The organisation is relevant to the community and provides good governance and transparent decision making

· An engaged civic culture where people feel part of decision-making

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. There are no direct financial implications arising from the recommendation.

8. Legal, Risk and Legislative Considerations

8.1. The Council’s obligation under Section 60A(5) of the Local Government Act 1993 was met at its meeting held on 6 May 2019, in the tabling and acceptance into the Council Minutes the resolutions passed at the Public Meeting held on 16 April 2019.

9. Community and Stakeholder Engagement

9.1. The Public Meeting was held in accordance with the Council’s obligation under the Local Government Act 1993. 213 submissions were received in relation to the building heights issue.

10. Delegation

10.1. The matter is delegated to the Council.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

James McIlhenny

Manager Planning Policy and Heritage

Neil Noye

Director City Planning

Date: 5 June 2019

File Reference: F19/69396; 17/167

Item No. 8.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 585

11/6/2019

REPORT TITLE: Proposed Council Policy - Public Open Space Contribution

REPORT PROVIDED BY: Park Planner

Manager Bushland

Director City Amenity

1. Report Purpose and Community Benefit

1.1. This report seeks approval of the draft Public Open Space Contributions Policy to formalise the City’s guidelines with developers on how public open space contributions are determined from subdivision developments.

2. Report Summary

2.1. Several legislative powers authorise the City to seek contributions, either in land or cash in lieu, towards increasing to the City’s public open space network, should a proposed subdivision development result in increased demand for public open space or an increase in demand upon existing open spaces.

2.2. A review of the City’s longstanding assessment methodology identified that formalisation of the guidelines in the form of a Council policy (refer Attachment A) will better serve subdivision developers and the City’s planners to improve the clarity of requirements and what considerations will be assessed when applications for subdivision are proposed.

3. Recommendation

That that the Draft Council Policy ‘Open Space Contributions’, marked as Attachment A to the report, be approved.

4. Background

4.1. Several legislative powers authorise the City to seek contributions, either in land or cash in lieu, towards increasing to the City’s public open space network, should a proposed subdivision development result in increased demand for public open space or an increase in demand upon existing open spaces:

4.1.1. Local Government (Buildings and Miscellaneous Provisions) Act 1993 (LGBMP);

4.1.2. The City of Hobart Interim Planning Scheme 2015.

4.2. Neither the planning scheme nor the Local Government (Building and Miscellaneous Provisions) Act 1993 provides clarity on public open space contributions or the process for determination, but relies on a Council’s policy.

4.3. Several other Tasmanian Councils have developed public open space contribution policies that subsequently assist developers to prepare submissions and planners to assess developments, as the City has used with its less formalised methodology over many years.

4.4. In response, a draft policy has been prepared for consideration. The draft policy (refer Attachment A) will ensure:

4.4.1. If a subdivision results in increased demand for public open space or an increase in demand upon existing open spaces, a subdivision developer will contribute to the provision of public open space commensurate with the increase in public open space demand likely to be created by their subdivision;

4.4.2. Clear guidelines are established that assist the City of Hobart, private landowners and developers to understand the public open space contribution rationale and process;

4.4.3. There is organisational consistency and equity in the assessment and application of conditions for public open space contributions; and

4.5. There is clarity around the circumstances under which the City will require a land contribution for public open space from a subdivision and when a cash in lieu contribution will be considered instead.

5. Proposal and Implementation

5.1. It is proposed that the draft Policy ‘Public Open Space Contributions’, marked as Attachment A to the report, be approved.

5.2. As the matter relates to the City’s role as manager and owner of its public open space network and as the Planning Authority in respect to subdivision developments, the matter is referred to both the Parks and Recreation and City Planning Committees.

6. Strategic Planning and Policy Considerations

6.1. Strategic Plan 2015-2025

Goal 2 – Urban Management;

2.2 A people-focussed city with well-designed and well-managed urban and recreation spaces.

2.2.4 Strengthen open space connectivity through acquisitions and other opportunities.

2.3 City and regional planning ensures quality design, meets community needs and maintains residential amenity.

2.3.2 Develop policies and strategies to guide future planning and development of the city’s urban infrastructure.

6.2. Hobart Interim Planning Scheme 2015

Development Standards for Subdivision; Ways and Public Open Space;

6.3. (h) Public Open Space must be provided as land or cash in lieu, in accordance with the relevant Council policy.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. There are no financial implications

7.2. Impact on Future Years’ Financial Result

7.2.1. Not applicable.

8. Legal, Risk and Legislative Considerations

8.1. The City’s Manager Legal and Governance, Manager Surveying Services, Manager Development Compliance, Manager Development Appraisal and Manager Planning Policy and Compliance were consulted in the preparation of this policy.

8.2. This policy is required to clarify the City’s approach to interpreting the Local Government (Buildings and Miscellaneous Provisions) Act 1993 (LGBMP) sections relating to public open space and subdivision.

8.3. This policy aims to reduce the City’s risk of legal action arising from alternative interpretations of the legislation (LGBMP), by clearly articulating the City’s objectives and approach to gaining public open space land or cash in lieu from subdivisions.

8.4. Local Government (Buildings and Miscellaneous Provisions) Act 1993

Section 85 - Refusal of application for subdivision:

The council may refuse to approve a plan of subdivision if it is of the opinion – (d) that the layout should be altered to include or omit – (iii) public open space.

Section 116 - Limitation on requirement for public open space:

(1) If the council –

(a) requires an owner to increase the area for public open space so that the value of the total area approved for open space in the final plan exceeds the value of the area provided for open space in the plan of subdivision; or

(b) having failed to approve a plan for subdivision on a ground that the layout should be altered to include or omit public open space, subsequently approves a fresh plan in which the value of the total area of land reserved for public open space exceeds the value of all such land in the original plan –

and the value of the area reserved for open space in the plan also exceeds the value of one-twentieth of the whole area comprised in the plan of subdivision, the council must purchase the excess as provided in this section.

9. Environmental Considerations

9.1. This policy provides a mechanism for environmental works, such as weed removal or erosion control, to be undertaken before land is granted to the City as public open space, thereby potentially improving the environmental quality of land to be managed by the City.

10. Community and Stakeholder Engagement

10.1. Developers will be informed of the presence of this policy and it will be made publicly available on the City’s website.

10.2. The policy will also be used by the City’s City Amenity Division if they engage with developers on proposals.

11. Delegation

11.1. The matter is for the Council to determine.

Christine Corbett

Park Planner

John Fisher

Manager Bushland

Glenn Doyle

Director City Amenity

Date: 5 June 2019

File Reference: F19/69925

Attachment a: Draft Open Space Contributions Policy ⇩

Item No. 9.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 604

11/6/2019

9. Motions of which Notice has been Given

9.1 Climate and Biodiversity Emergency

File Ref: F19/71938; 13-1-9

Councillor Harvey

Preamble:

There is a growing awareness across the world that political leaders have failed to respond to the urgency of addressing climate change and to meeting global emissions reduction targets to limit global warming to below 2 degrees. Failure to achieve this target is projected to lead to catastrophic outcomes for humanity, habitat and biodiversity. The overwhelming body of scientific evidence conclusively points to this and we have had consistent warnings that time is running out to act.

At the March 2019 meeting of the UN General Assembly, speakers warned that humanity only has 11 years to prevent irreversible damage from climate change. https://www.un.org/press/en/2019/ga12131.doc.htm

In December 2017, 20,000 scientists from 184 nationals issued a second notice to humanity warning of the urgent need to change direction.

The Alliance of World Scientists (AWS)

“The AWS is a new international assembly of scientists, which is independent of both governmental and non-governmental organizations and corporations. We submit, that in order to prevent widespread misery caused by catastrophic damage to the biosphere, humanity must practice more environmentally sustainable alternative to business-as-usual. Our vital importance and role comes from scientists' unique responsibility as stewards of human knowledge and champions of evidence-based decision-making. The main goal of the AWS is to be a collective international voice of many scientists regarding global climate and environmental trends and how to turn accumulated knowledge into action. Other organizations do laudable work toward this goal, but to our knowledge, AWS is the only independent, grass-roots organization comprised of scientists from around the world committed to the well-being of humanity and the planet.”

http://scientistswarning.forestry.oregonstate.edu/

On the 6^th May 2019, the Global Assessment Report on Biodiversity and Ecosystem Services of the Intergovernmental Science Policy Platform on Biodiversity and Ecosystem Services (IPBES) reported that around 1,000,000 species are now threatened across the globe with extinction, many within decades and that nature is declining globally at unprecedented rates in human history. They reported the rate of species extinctions is accelerating, with grave impacts on people around the world likely.

It is without doubt that humanity needs to change direction to address the emergency of climate change and biodiversity extinction and failure to do so will have catastrophic consequences for future generations, natural habitat, biodiversity and life on earth.

To date, as a response to the failure of commitment from national governments, 594 jurisdictions in 13 countries representing 70 million people have already declared a climate emergency. In Australia, 22 councils have made a climate emergency declaration.

The United Kingdom and Ireland are the first two countries to declare climate emergencies, with Ireland also including a biodiversity emergency in their declaration.

Motion:

“That the City of Hobart:

Affirms its commitment to future generations in addressing catastrophic climate change and biodiversity loss through its on-going policies, strategies and leadership by supporting the declaration of a climate and biodiversity emergency.

Writes to the Prime Minister urging them and their Government to declare a climate and biodiversity emergency and to commit to implementing strong national policy, regulation, strategy and resources to secure the well-being of future generations of Australians and to secure the country’s indigenous habitat, ecosystems and ecosystem services on which we all depend and to address the catastrophic causes pushing 1000s of Australian mammal, marine, plant and insect species towards extinction.

Submit urgency motions to the Local Government Association of Tasmanian and the Australian Local Government Association to declare a national climate and biodiversity emergency.

Include acknowledgement of the declaration of a climate and biodiversity emergency in the Council's new Strategic Plan.”

Rationale:

“The City of Hobart has been actively working to address climate change issues for close to two decades through its Climate Change Strategies, the Regional Climate Change Initiative (RCCI) and now a comprehensive adaptation strategy to be released soon.

To date, significant progress has been made with energy efficiency, reduction in greenhouse gas emissions and community engagement with regard to adaptation plans and preparedness.

A record that the council can be very proud of. The council has shown initiative and leadership at a local, state, national and recently international level.

It is on the back of this leadership that council can demonstrate its commitment by advocating strongly for national action and leadership.

Council already is well aware that climate change looms as a huge risk to this council and its community. The May 2018 floods and recent fires across the island are symptomatic of a changing climate that will threaten and challenges us going forward. The council is already acutely aware and operationally working hard towards preparing communities for a climate altered future and is preparing a new Climate Adaptation Strategy.

The following extract demonstrates the council’s understanding, commitment and leadership.

City of Hobart: Responding to Climate Change Background Paper highlights key issues and the urgency.

“KEY ISSUES

• The world is taking action to limit global warming to below 2 °C. While it is a global issue, the solutions are local.

• All weather, including extreme weather events, is being influenced by climate change.

• Extreme weather events are putting pressure on our local economies, health systems, built and urban infrastructure, ecosystems and food production systems. Climate change will have a long-term impact on our communities.

• Individuals, communities, businesses and governments all have a role to play in responding to climate change.

• Local governments have a role around informing the community and managing its assets and services.

• Hobart has highly valued and unique natural and built environments. To protect these requires adaptation actions now.

• The City of Hobart works with other local governments, networks and stakeholders. It has led a range of ‘adaptation actions’, including the development of an adaptation policy and an adaptation action plan that was replicated across all Tasmanian local governments.

• The City of Hobart is working with communities in areas vulnerable to climate impacts such as sea level rise and storm surge at Marieville Esplanade, Long Beach and Nutgrove foreshores reducing bushfire hazard across bushland area improving Hobart’s resilience and sustainability through improved transport and waste management.

• The City of Hobart influences community adaptation by working towards: a low emissions future—increased renewable energy generation, low carbon transport, energy efficient buildings, zero waste to landfill a healthy and robust built and natural environment people being connected, empowered and feeling part of the community well-informed decision-making at all levels.

• The City of Hobart is seeking feedback on what actions the community and the City priorities for the next critical decade.

INTRODUCTION

There is an expansive and growing body of scientific evidence that the global climate has changed, and will continue to change over the coming century. Climate change modelling undertaken in Tasmania shows that Hobart faces greater risks and challenges from more frequent bushfires, extended heatwaves, heavier rainfall, sea level rise and storm tide events. The City of Hobart recognises that local governments have a key role in working with communities, to prepare for and manage climate change impacts. Local governments have local knowledge and experience, understanding of community needs and vulnerabilities, and has a key role in shaping our urban landscapes and responding to emergencies. Around the world, cities like Hobart are leading the way on climate action. In 1999, the City of Hobart was the first Tasmanian local government to formally commit to and take action on climate change. It has a program in place that has seen it both reduce greenhouse gas emissions and energy usage as well as preparing Hobart to respond to climate risks. The City of Hobart has a commitment to see the capital evolve into a strong, vibrant, resilient and sustainable city through the provision of local government services and infrastructure.

The Capital City Strategic Plan 2015–2025, the City’s key document to guiding development and delivery of our assets, programs and services, identifies the need for increased resilience to climate change. Reviewing and updating our climate strategy therefore presents an opportunity to make sure that we have in place actions that continue to decrease our carbon footprint and assist in responding to climate change impacts (Strategic Objective 3.1).

The City of Hobart, through a range of programs, provides resources to build climate

resilience. The City offers grants for climate and energy-saving projects, provides climate change information, and encourages behaviour change. The City of Hobart works closely with the following organisations to deliver adaptation projects:

• Southern Tasmanian Regional Councils Authority;

• Southern Tasmanian Local Governments;

• Tasmanian Government, particularly with the Tasmanian Climate Change Office;

• Local Government Association of Tasmania.

WHY ARE LOCAL GOVERNMENTS TAKING CLIMATE ACTION?

Local governments are the closest level of government to communities and has a

responsibility under the Local Government Act 1993 to provide for the health, safety and welfare of the community. This role includes taking action on climate change. The Australian Local Government Association, the peak body representing local governments, identifies climate change as one of the top five priorities to act on. It states that effective mitigation of greenhouse gas emissions and adaptation to the impacts of climate change will transform the Australian economy, environment and society.1 The case for climate action is also made by the Southern Tasmanian Councils Authority which recognises that “in managing and preparing for climate change impacts, local governments are best positioned to work with communities due to their:

• Responsibility to support and assist local communities;

• Local knowledge and experience;

• Understanding of community needs and vulnerabilities;

• Role in preparing for, supporting respondes to and recovering from emergencies;

• Role in infrastructure design, construction and maintenance;

• Role in review and update of planning schemes (in relation to identified local impacts and threats);

• Ability to effectively disseminate information and provide support to the community.

CITY OF HOBART’S PRINCIPLE BASED APPROACH

Building on its existing leadership role, and highlighting the role of local government in responding to climate change, the City of Hobart recognises that:

• Climate change is a global issue requiring local solutions;

• Climate change action is a shared responsibility between local, state and federal governments, communities and the private sector;

• Local government has an important role in educating communities at the municipal and regional level on climate change as a risk, and options for adaptation and mitigation;

• Local government must prepare for and manage the impacts of climate change on its assets and services and work to reduce its emissions and energy use;

• Early climate change adaptation and mitigation action is more cost effective than delayed action;

• In many instances, mitigation actions like renewable energy and energy efficient lights can help bring down overall running costs;

• Collaboration and cooperation on climate change adaptation and mitigation actions by local government provides more effective use of resources.

The City of Hobart is guided in how it responds to climate change by the following principles, which are to:

• Administer relevant Tasmanian and/or Australian legislation to promote climate action, including the application of relevant codes, such as the Building Code of Australia;

• Provide leadership and collaborate across local governments and with the Tasmanian Government to act on climate change;

• Manage risks and impacts, and consider opportunities, to assets it owns and manages and services it provides;

• Ensure policies and regulations under its jurisdiction incorporate climate change considerations and are consistent with Tasmanian and Australian government approaches to adaptation and mitigation;

• Facilitate resilience building and adaptive capacity in the local community by providing information on local climate change risks and mitigation;

• Work in partnership with the community, local non-government organisations, businesses and other key stakeholders to implement adaptation and mitigation initiatives contribute appropriate resources to prepare, prevent, respond and recover from detrimental climatic impacts and to reduce greenhouse gas emissions.”

From a City of Hobart risk perspective, the impact of climate change, include catastrophic bush fire, floods, drought leading to threats to life and property, increasing insurance premiums as well as threats to native habitat and loss of terrestrial and marine species biodiversity.”

In February 2019, the council signed off on the City of Hobart Biodiversity Action Plan. A comprehensive and ground-breaking document to guide council operations. The following extract from the introductory pages highlights the issues.

Biodiversity Action Plan - bushland and reserves

1.1 What is Biodiversity?

Biodiversity - or biological diversity - is a term used to describe the variety of life on Earth. It refers to the number, variety and variability of living organisms (animals, plants, fungi, microbes, etc.), the genetic differences among them, and the ecosystems in which they occur.

Why is protecting Biodiversity important?

Biodiversity provides us with many goods and services, such as food, fuel, medication, materials and clean water. It supports both our economy and our lifestyles. Its beauty inspires and enriches our lives, and we have a moral duty to protect it and ensure its survival (and in the long-term our own survival) for future generations (IUCN, 2018).

No matter how technologically advanced we consider ourselves to be, food, fibre, materials and energy from nature are the foundation of our livelihoods. We rely on the life-supporting ecosystem services that nature provides including the production of oxygen, soil formation and retention, water and nutrient cycling and climate regulation (Natural Resource Management Ministerial Council 2010).

Today, the principal mechanism for the conservation of biodiversity is protected areas.

A protected area has been defined by the IUCN as ‘[a] clearly defined geographical space, recognised, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values’ (Worboys et al., 2013).

Protected areas and their establishment and professional management are particularly a 20th and 21st-century phenomenon. They are critical for maintaining healthy ecosystems and a healthy environment for people and all other species. They are essential for biodiversity conservation; they deliver clean water and air; they are vital to the cultures and livelihoods of traditional and indigenous communities for sustainable sustenance; they bring sustainable development benefits to millions of people through nature-based tourism; and they are a critical natural solution for climate change. They are also important for their rich history and the cultural associations they conserve including grand historical sites, and their special cultural landscapes, features and sites of spiritual, social and historical significance to a nation’ s peoples.

The City of Hobart Bushland Unit has direct responsibility for the management of nearly 4,600 hectares of ‘protected areas’ within our Bushland Reserves system within and adjacent to the Hobart municipal area and is the stronghold for much of the City’s biodiversity

City of Hobart Vision

Since September 2017, the City of Hobart has been collaborating with community members and stakeholders to share what they love about Hobart and how they would like to see it move into the future. Hobart: A community vision for our island capital is the document that guides City’s work.

The Vision has three parts which work together to inform the City’s strategic planning: the vision statement, the identify statements and the pillars. The connection to the natural environment is at the forefront of this Vision with the recognition that we all live, work and play in the midst of our mountain, our river and the land around us. Our identity in Hobart is shaped by where we live, a place where we are deeply connected to nature and wilderness, in, around and above our city. The natural environment pillar represents what Hobart communities would like to see for Hobart in the future and is represented by the following statement:

We are a city whose people see ourselves as part of a beautiful and unique natural environment, from the mountain to the river, which embrace us and shape our identity. We are proud custodians and advocates, ensuring resources are appreciated rather than wasted, supporting biodiverse ecosystems in honour of past, current and future generations.

The City of Hobart is extremely well-placed to make a difference to biodiversity in our region as we operate at the appropriate scale to make decisions, carry out actions and measure change. In their report, Beyond roads, rates, and rubbish: opportunities for local government to conserve native vegetation, Binning et al (1999) writes:

Whilst strategic policies may be developed by higher levels of government, it is Local Government that must make detailed decisions that balance ongoing development with the need to protect natural resources. It may be argued that Local Government is the most significant sphere of government in regulating land use.”

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 the City of Hobart’s Corporate Climate Adaptation Policy.”

about people	We value people – our community, our customers and colleagues.
professional	We take pride in our work.
enterprising	We look for ways to create value.
responsive	We’re accessible and focused on service.
inclusive	We respect diversity in people and ideas.
making a difference	We recognise that everything we do shapes Hobart’s future.