Minutes (Open Portion)

Council Meeting

Page 2

23/9/2019

Minutes (Open Portion)

Council Meeting

Page 4

23/09/2019

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 9 September 2019, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Burnet

Harvey                                                    That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were then signed.

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Briscoe

Thomas

Denison

Harvey

Behrakis

Dutta

Ewin

Sherlock

Mr Baird put the following question and was provided with the corresponding response by the Lord Mayor.

Question:

By Australian government standards probity is the evidence of ethical behaviour, and can be defined as complete and confirmed integrity, uprightness and honesty in a particular process. Can the council identify the processes for elected members who have pecuniary interest in a matter before the council to prevent them using their position to promote issues which directly benefit themselves, and how Aldermen are held accountable to these processes.

Response:

The Council has a probity policy in respect to its assessment of potential developments and disposal of land. The policy titled ‘Probity Guidelines for the Consideration of Commercial Property Transactions’ is available on the City’s website. I’ll ensure a copy is provided to you with our written response.

Declarations of pecuniary and conflicts of interest are specifically dealt with under the Local Government Act 1993 and the Elected Member Code of Conduct, which is also available on the City’s website. 

The Council process for dealing with conflicts of interest is in-line with Section 48 of the Act which states;

(1)     A councillor must not participate at any meeting of a council, council committee, special committee, controlling authority, single authority or joint authority in any discussion, nor vote on any matter, in respect of which the councillor–

(a)  has an interest; or

(b) is aware or ought to be aware that a close associate has an interest.

(2)     A councillor must declare any interest that the councillor has in a matter before any discussion on that matter commences.

(3)     On declaring that he or she has an interest, the councillor is to leave the room in which the meeting is being held.

(4)     The councillor, by notice in writing, is to advise the general manager of the details of any interest that the councillor has declared under this section within 7 days of so declaring.

(5)     The general manager is to –

(a)   ensure that the declaration of interest is recorded in the minutes of the meeting at which it is made; and

(b)  record the details of any interest declared in the register of interests kept under section 54 .

Additionally, section 53 of the Act states;

(1)       Any person who considers that a councillor, member or member of an audit panel has an interest in a matter to be, or being, dealt with by a council, council committee, special committee, controlling authority or audit panel may notify the general manager in writing of that interest.

(2)       On receipt of a notification, the general manager is to advise the following persons of the notification:

(a)  the councillor, member or member of an audit panel who is the subject of the notification;

(b)  all other councillors, members or members of the audit panel.

Also of relevance is section 52 which sets out when an elected member does not need to declare a pecuniary interest. There are limited cases where an interest does not need to be declared, generally where the financial benefit gained by any decision is in common with all or a substantial proportion of the electors of Hobart.

Early in the proceedings of each council or council committee meeting, the chair will call for declarations of pecuniary or conflicts of interest. It is the responsibility of each individual elected member to determine if they have a pecuniary interest and to declare that interest. This is listed as item 8 of tonight’s agenda.

Under section 339E of the Act, failing to make a declaration can be dealt with a complaint to the Director of Local Government. Any person is able to make a complaint by writing to the Director. The penalty for not complying with section 48 could be up to 50 penalty units. The current value of a unit is $168.

Mr Lohberger put the following questions and was provided with the corresponding response by the Lord Mayor.

Question 1:

Now that the Greater Hobart Act has passed Parliament, is there any possibility that the state government of the day and the other greater Hobart Councils could use the mechanisms set up under this new Act to impose unwanted projects in the Hobart City Council area, such as the cable car, or the excessively tall hotel developments?

Question 2:

Hill Street Grocer is constructing a new shop on the southern corner of TT Flynn Street and Churchill Avenue, on land that was part of the Sandy Bay campus of the University of Tasmania. There appears to be no title for this site, so can the HCC please reveal whether it has been transferred into the name of Hill Street Grocer (or its backers), whether any Council rates are being paid for the land, why there are no title documents for the site, and how it is that UTAS was able to transfer this land to a private developer when it is, or was, located in a particular purpose area zoned for educational use?

Response 1:

The Greater Hobart Act 2019 (“the Act”) creates the concept of a work program to set out specific actions to be carried out by those councils or the State Government under the Act.  The work program, once developed, is to be adopted by the Committee established under the Act which consists of each of the mayors of the Greater Hobart are councils, as well as the Ministers for primary responsibility for:

·         Economic development;

·         Infrastructure;

·         Housing; and

·         Community development.

A quorum of the Committee is 6 members including at least 3 members who are mayors of the Greater Hobart area councils and each member has one vote.

The result of this is that for a work program to be adopted it would require a majority vote at a meeting where at least 3 mayors of the Greater Hobart area councils were present.

The Act cannot override the planning scheme.

Response 2:

While the Council was formally advised of the change of ownership registered at the Titles Office on 9 August 2019, it was a partial change of ownership only.

The Office of the Valuer-General will split the prior property and create a new property which will be in the ownership of Hill Street South Property Group Pty Ltd.   

The City will thereafter be advised formally through the supplementary rates process. 

The University of Tasmania will continue to be responsible for the entire rates on 2 Churchill Avenue until such time as the City is formally advised by the Office of the Valuer-General of the property split through the supplementary rates process.

In respect to this process, a search of The List has found that a Title has recently been created for the site.  

While the Zone Purpose Statements for Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus) include ‘to provide for the continued development of the University of Tasmania Sandy Bay campus (UTAS Sandy Bay) as a major tertiary education centre of the State’, they also include ‘To provide for a diversity of activities primarily catering for the education, recreation and entertainment of its student population while also encouraging a closer integration with the community.’

The planning application that relates to the use and development currently under construction, and that lead to the subsequent subdivision of the site from the main UTAS title, indicated that while the use would be available to the general public, it would primarily serve the large number of students, staff and on-campus accommodation beds, and was intended as an enhancement to existing on-campus facilities in line with the direction of universities throughout Australia.  The application also indicated that the use would help reduce external vehicle trips, and would improve the amenity and services provided to staff and students on campus, in a similar manner to other on-campus services existing at the time, including a travel agent, book shop, post office, bank, restaurant/café and medical practitioner.  Those considerations were taken into account as part of the application’s assessment and determination.

Mr Lohberger then asked the following supplementary question:

Has Alderman Zucco declared a pecuniary interest in relation to item 12 of the agenda?

Response:

We have not yet reached that item of the agenda so the opportunity has not yet been provided for any declarations to be made in tonight’s agenda.

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Briscoe

Thomas

Denison

Harvey

Behrakis

Dutta

Ewin

Sherlock

9.1      66 Alexander Street, Sandy Bay - Demolition and Two Multiple Dwellings

Ref:    Open CPC 7.1.1, 16/09/2019

Application Expiry Date: 9 October 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for Demolition and Two Multiple Dwellings at 66 Alexander Street, Sandy Bay for the following reasons:

1.       The proposal does not meet the acceptable solution or the performance criteria with respect to clause E5.6.4 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the design, layout and location of the access, does not provide adequate sight distances to ensure the safe movement of vehicles, having regard to:

(a)     The nature and frequency of the traffic generated by the use;

(b)     The frequency of use of the road network;

(c)     Any alternative access;

(d)     The need for the access;

(e)     Any traffic impact assessment;

(f)      Any measures to improve or maintain sight distance; and

(g)     Any written advice received from the road authority.

2.       The proposal does not meet the acceptable solution or the performance criteria with respect to clause E6.7.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the design of the vehicle access point is not safe, efficient and convenient, having regard to all of the following:

(a)     Avoidance of conflicts between users including vehicles, cyclists and pedestrians;

(b)     Avoidance of unreasonable interference with the flow of traffic on adjoining roads;

(c)     Suitability for the type and volume of traffic likely to be generated by the use or development;

(d)     Ease of accessibility and recognition for users.

3.       The proposal does not meet the acceptable solution or the performance criteria with respect to clause E6.7.5 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the layout of car parking spaces, access aisles, circulation roadways and ramps is not safe and does not ensure ease of access, egress and manoeuvring on-site.

Burnet

Ewin                                                        That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      9 Star Street and Adjacent Road Reserve, Sandy Bay - 12 Multiple Dwellings, Associated Hydraulic Infrastructure, Road Works (Extension to Star Street), Works in Road Reserve (Star Street and Jersey Street)

Ref:    Open CPC 7.1.2, 16/09/2019

Application Expiry Date: 25 September 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for multiple dwellings, associated hydraulic infrastructure, road works (extension to Star Street), works in road reserve (Star Street and Jersey Street) at 9 Star Street and adjacent road reserve, Sandy Bay 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 and P1 (a) of the Hobart Interim Planning Scheme 2015 because the proposed site area per dwelling of less than 200m2  does not contribute to a range of dwelling types and sizes appropriate to the locality or 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 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the setback of the dwelling from the frontage with Star Street and Jersey Street is not compatible with the relationship of existing buildings to the road in terms of setback or in response to other physical constraints of the site and does not have regard to streetscape qualities or assist the integration of new development into the streetscape.

3.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.3 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the dwellings do not have private open space of a size and dimension that is appropriate for the size of the dwelling and is able to accommodate outdoor recreational space consistent with the projected requirements of the occupants, operational needs such as clothes drying and storage and reasonable space for the planting of gardens and landscaping.

Burnet

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.3      4 Turner Street, Sandy Bay - Two Multiple Dwellings (One Existing, One New)

Ref:    Open CPC 7.1.3, 16/09/2019

Application Expiry Date: 8 October 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for two multiple dwellings (one existing, one new) at 4 Turner Street, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 16 September 2019 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 PLN­19­294 ­ 4 TURNER STREET SANDY BAY TAS 7005 Attachment B ­ 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 2019/00709­HCC dated 30/05/2019 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 4

A Landscaping Plan must be submitted and approved by the Council’s Director City Planning prior to the issue of any consent under the Building Act 2016, excluding for excavation.

The Landscaping Plan must include:

1.       Planting of mature vegetation along the entire length of the northeastern site boundary shared with 24 Byron Street. The vegetation along this boundary must have a height of approximately 2 metres at the time of planting and must grow to a height of at least 5 metres;

2.      Planting of mature vegetation along the entire length of the southeastern site boundary shared with 22 Byron Street. The vegetation along this boundary must have a height of approximately 2 metres at the time of planting and must grow to a height of at least 3 metres;

3.       Planting of mature vegetation along the entire length of the northwestern site boundary shared with 8 Fitzroy Place. The vegetation along this boundary must have a height of approximately 2 metres at the time of planting and must grow to a height of at least 3 metres;

4.       Details of the species, number of plants and location of planting relative to the proposed dwelling, site boundaries and services.

All landscaping must be planted and installed in accordance with the approved Landscaping Plan to the satisfaction of the Council's Director City Planning prior to commencement of use.

The vegetation required by this condition must be maintained by the owners of the proposed dwelling, and replacement vegetation in accordance with the approved Landscaping Plan must be planted if any vegetation dies or is removed.

Reason for condition

To soften the appearance of the new building and to assist in reducing its impact upon the amenity of adjacent properties.

ENG sw1

All stormwater runoff 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 into the Council stormwater system prior to first occupation or commencement of use (whichever occurs first). All runoff from the site that can drain by gravity to the Council’s stormwater infrastructure (with either a free­draining or a charged system) must be allowed to do so.

Advice: Council will only approve stormwater pumping systems when absolutely necessary. It appears that the roof of the proposed dwelling can be drained by gravity, and also much of the driveway ­ especially the existing & new paved areas which are to the NW of the proposed dwelling. If necessary new sewer and SW lot connections to the mains can be built at the lowest possible point within the property adjacent to the southeast boundary of the property (existing connections would need to be abandoned) ­ this will provide the lowest possible connection points and assist the drainage of the new dwelling. Only one connection point to the sewer and SW mains is allowed per lot, so both existing and proposed dwellings will have to connect to the mains at the same point. Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.

Reason for condition

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

ENG sw4

If a new stormwater connection is required, it must be constructed (and existing connections to be abandoned sealed) by the Council at the owner’s expense, prior to the first occupation.

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

Advice:

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

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

Reason for condition

To ensure the site is drained adequately.

ENG 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 3b

The design of the access driveway, parking and turning areas must be submitted and approved, prior to the issuing of any approval under the Building Act 2016.

The 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 (including the requirement for vehicle safety barriers where required),

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,

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

5.      Clearly distinguish between existing and proposed driveway and parking areas, provide details of proposed parking area for the existing dwelling, also show details of any visitor parking spaces,

6.      Show details of the existing and proposed entry into the property in plan view and front elevation, showing details and dimensions of any fencing and gates. The design of the entry must allow the free movement of vehicles into the parking areas of both existing and new dwellings. Fencing and gates must allow adequate visibility of pedestrians and vehicles in the road from within an exiting vehicle.

Reason for condition

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

ENG 4

The access driveway, parking and turning areas 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 / commencement of use.

Reason for condition

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

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.

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 portal.

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.

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

If required, please contact the Hobart City Council's City Infrastructure Division to initiate the application process for your new stormwater connection.

STORMWATER

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services By law. 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.

WORK PLACE HEALTH AND SAFETY

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

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.

Burnet

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.4      2 and 4 Tara Street, South Hobart - Public Art Installation

Ref:    Open CPC 7.1.4, 16/09/2019

Application Expiry Date: 11 October 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a public art installation at 2 Tara Street and 4 Tara Street, South Hobart for the reasons outlined in the officer’s report attached to item 7.1.4 of the Open City Planning Committee agenda of 16 September 2019 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 PLN­19­444 ­ 2 TARA STREET & 4

TARA STREET SOUTH HOBART TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

OPS s1

The installation of the art works up the slope towards the cliffs must be done in a way that minimises ground disturbance and does not damage or destroy any native vegetation. Any damage to native flora must be reported to the City of Hobart Bushland Unit immediately.

Reason for condition

To protect native vegetation and minimise the risk of more weeds invading the park.

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.

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.

HERITAGE

The Applicant is advised that the location of Sculptures 3, 4 and 5 sit within the bushland and thus beyond the focus of early industrial activity associated with this heritage precinct and its distinctive history. As such, the Applicant might wish to consider the use of timber support poles in these locations as opposed to steel as a more appropriate choice of material.

Burnet

Ewin                                                        That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.5      4 Westinwood Road, Lenah Valley - Subdivision (One Additional Lot)

Ref:    Open CPC 7.1.5, 16/09/2019

Application Expiry Date: 30 September 2019

Extension of Time: Not applicable

Burnet

Sherlock                                                                                                                  

That the recommendation contained in the officer’s report, marked as Attachment A to item 9.5 of the Open Council agenda of 23 September 2019, be adopted.

MOTION LOST

VOTING RECORD

Briscoe

Dutta                                                              

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a subdivision (one additional lot) at 4 Westinwood Road, Lenah Valley for the reason that the proposed subdivision achieves reasonable minimum lot sizes 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 PLN-19-407 - 4 WESTINWOOD ROAD LENAH VALLEY TAS 7008 - 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 2019/00975-HCC dated 15 July 2019 as attached to the permit. 

Reason for condition

To clarify the scope of the permit.

ENG s1

The Final Plan is to note under Section 83(5)(a)(ii) of the Local Government (Building & Miscellaneous Provisions) Act 1993, to the satisfaction of Council’s Manager Surveying Services that Council cannot provide a gravity-reticulated stormwater services to Lot 1 below the level of the invert of a stormwater pipe at the body of the Lot. This level (on State Datum and determined as detailed below) must be noted on the Final Plan.

Prior to the sealing of the Final Plan the owner’s Registered Land Surveyor must supply the Council with the as-constructed invert level of the stormwater pipe at the body of the lot.

Reason for condition

To alert future owners if Council cannot service the entirety of Lot 1.

ENG sw4

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

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

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

Reason for condition 

To ensure the site is drained adequately.

ENG 4

The access strip 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 of Survey. 

Reason for condition

To ensure the compliance with the scheme's clause 10.6.1 P4 (i)

ENG 11

Prior to the sealing of the Final Plan of Subdivision, the proposed crossover widening to the Westinwood Road highway reservation must be designed and constructed in general accordance with:

1.    LGAT Standard Drawing - Urban - TSD-R09-v1 – Urban Roads Driveways, TSD R14-v1 Type KC vehicular crossing, TSD-R11-v1 Urban Road Footpaths, or

2.    A Council City Infrastructure Division approved alternate design.

Advice:

·         Local Government Association (LGAT) Tasmanian Standard Drawings (TSD) can be viewed electronically via the LGAT Website.

·         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.

·         Please contact Council City Infrastructure Division to discuss approval of alternate designs. Based on a site specific assessment, Council City Infrastructure Division Road Engineer may permit extending non-approved concrete slab crossover, and where non-standard kerb and channel exists a concrete plinth to Council standards may be permitted for construction at the gutter. 

·         You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.

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

Reason for condition

To ensure that any of the Council's infrastructure and/or site-related 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 re-vegetated.

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.

SURV 3

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

The final plan and schedule of easements must provide easements to the satisfaction of the Council:

1.    Over any proposed or existing storm water or sewer mains passing through the lots on the final plan, in favour of the Hobart City Council and/orTasWater (minimum width of 2m, or 3m if they cover two pipes).

2.    Over any existing or proposed private rights of way or service easements in favour of the lots they are required to serve.

3.    Over any existing Wayleave Easements in favour of TasNetworks

Reason for Condition

To ensure that there are no impediments to the provision of public and private services and access to the lots.

SURV 12

Lot 1 on the final plan is to be notated in accordance with the provisions of section 83(5)(a)(ii) of the Local Government (Building & Miscellaneous Provisions) Act 1993, to the effect that the Hobart City Council cannot provide a means of gravity reticulated stormwater disposal from lot 1 below a specified reduced level.

The final plan must be submitted for approval by the Council. The final plan must be notated to the satisfaction of the Council. 

Any specified reduced level that may be required is to be provided by the owner’s Registered Land Surveyor who must supply the invert level (on State Datum) of the stormwater connection constructed to serve Lot 1

Reason for condition

To ensure that the restriction in the Council’s ability to provide a means of gravity reticulated stormwater disposal is noted on the final plan.

SURV 13

The final plan is to be notated in accordance with the provisions of section 83(7) (b) of the Local Government (Building & Miscellaneous Provisions) Act 1993 to the effect that the Tasmanian Water and Sewerage Corporation cannot provide a means of gravity reticulated sewerage disposal from lot 1 below a specified reduced level.

The final plan must be submitted for approval by the Council.

The final plan must be notated to the satisfaction of the Council.

The specified reduced level that may be required is to be provided by the owner’s Registered Land Surveyor who must supply the invert level (on State Datum) of the sewer connection constructed to serve Lot 1.

Reason for condition

To ensure that the limitation in TasWater’s ability to provide a means of gravity reticulated sewerage disposal from Lot 1 is noted on the final plan.

ENG 16

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 and contained wholly within the lots served.

Reason for condition

To ensure that each lot is services separately.

ENG 17

Prior to the sealing of the final plan, the developer must verify compliance with condition ENG 16 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 as-installed 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 suitably qualified person that clearly certifies that this condition has been satisfied and that all the work required by this condition has been completed. A 'suitably 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.

ENG r7

Residential underground power to each lot and street lighting must be installed prior to the sealing of the final plan.

Reason for condition 

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

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 2 on the final plan, 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.

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, by-laws, 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.

NEW SERVICE CONNECTION

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

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. 

PART 5 AGREEMENT

Please note that the owner(s) of this property are subject to Part 5 Agreement E29810 that requires the owner(s) to:

·         implement the relevant requirements of the approved Bushfire Management Plan in relation to the property;

·         implement recommendations 4-8, 10-11 and 13-18 of the Geotechnical Assessment as relevant to the property;

·         comply with the Tree Protection Plan;

·         implement the Weed Management Plan; and

·         ensure development is in accordance with the Swift Parrot Protection Guidelines.

The Bushfire Management Plan (BMP) requires this lot to be maintained as a hazard management area in accordance with the prescriptions of the BMP until developed with a dwelling. Dwellings constructed on this lot must be constructed in accordance with the specifications for BAL-12.5 under AS3959-2009 unless the civil works for stages 3 and 4 of the subdivision have been completed in which case the dwellings can be constructed to BAL-Low.

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.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a subdivision (one additional lot) at 4 Westinwood Road, Lenah Valley for the reason that the proposed subdivision achieves reasonable minimum lot sizes 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 PLN-19-407 - 4 WESTINWOOD ROAD LENAH VALLEY TAS 7008 - 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 2019/00975-HCC dated 15 July 2019 as attached to the permit. 

Reason for condition

To clarify the scope of the permit.

ENG s1

The Final Plan is to note under Section 83(5)(a)(ii) of the Local Government (Building & Miscellaneous Provisions) Act 1993, to the satisfaction of Council’s Manager Surveying Services that Council cannot provide a gravity-reticulated stormwater services to Lot 1 below the level of the invert of a stormwater pipe at the body of the Lot. This level (on State Datum and determined as detailed below) must be noted on the Final Plan.

Prior to the sealing of the Final Plan the owner’s Registered Land Surveyor must supply the Council with the as-constructed invert level of the stormwater pipe at the body of the lot.

Reason for condition

To alert future owners if Council cannot service the entirety of Lot 1.

ENG sw4

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

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

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

Reason for condition 

To ensure the site is drained adequately.

ENG 4

The access strip 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 of Survey. 

Reason for condition

To ensure the compliance with the scheme's clause 10.6.1 P4 (i)

ENG 11

Prior to the sealing of the Final Plan of Subdivision, the proposed crossover widening to the Westinwood Road highway reservation must be designed and constructed in general accordance with:

1.    LGAT Standard Drawing - Urban - TSD-R09-v1 – Urban Roads Driveways, TSD R14-v1 Type KC vehicular crossing, TSD-R11-v1 Urban Road Footpaths, or

2.    A Council City Infrastructure Division approved alternate design.

Advice:

·         Local Government Association (LGAT) Tasmanian Standard Drawings (TSD) can be viewed electronically via the LGAT Website.

·         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.

·         Please contact Council City Infrastructure Division to discuss approval of alternate designs. Based on a site specific assessment, Council City Infrastructure Division Road Engineer may permit extending non-approved concrete slab crossover, and where non-standard kerb and channel exists a concrete plinth to Council standards may be permitted for construction at the gutter. 

·         You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.

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

Reason for condition

To ensure that any of the Council's infrastructure and/or site-related 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 re-vegetated.

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.

SURV 3

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

The final plan and schedule of easements must provide easements to the satisfaction of the Council:

1.    Over any proposed or existing storm water or sewer mains passing through the lots on the final plan, in favour of the Hobart City Council and/orTasWater (minimum width of 2m, or 3m if they cover two pipes).

2.    Over any existing or proposed private rights of way or service easements in favour of the lots they are required to serve.

3.    Over any existing Wayleave Easements in favour of TasNetworks

Reason for Condition

To ensure that there are no impediments to the provision of public and private services and access to the lots.

SURV 12

Lot 1 on the final plan is to be notated in accordance with the provisions of section 83(5)(a)(ii) of the Local Government (Building & Miscellaneous Provisions) Act 1993, to the effect that the Hobart City Council cannot provide a means of gravity reticulated stormwater disposal from lot 1 below a specified reduced level.

The final plan must be submitted for approval by the Council. The final plan must be notated to the satisfaction of the Council. 

Any specified reduced level that may be required is to be provided by the owner’s Registered Land Surveyor who must supply the invert level (on State Datum) of the stormwater connection constructed to serve Lot 1

Reason for condition

To ensure that the restriction in the Council’s ability to provide a means of gravity reticulated stormwater disposal is noted on the final plan.

SURV 13

The final plan is to be notated in accordance with the provisions of section 83(7) (b) of the Local Government (Building & Miscellaneous Provisions) Act 1993 to the effect that the Tasmanian Water and Sewerage Corporation cannot provide a means of gravity reticulated sewerage disposal from lot 1 below a specified reduced level.

The final plan must be submitted for approval by the Council.

The final plan must be notated to the satisfaction of the Council.

The specified reduced level that may be required is to be provided by the owner’s Registered Land Surveyor who must supply the invert level (on State Datum) of the sewer connection constructed to serve Lot 1.

Reason for condition

To ensure that the limitation in TasWater’s ability to provide a means of gravity reticulated sewerage disposal from Lot 1 is noted on the final plan.

ENG 16

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 and contained wholly within the lots served.

Reason for condition

To ensure that each lot is services separately.

ENG 17

Prior to the sealing of the final plan, the developer must verify compliance with condition ENG 16 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 as-installed 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 suitably qualified person that clearly certifies that this condition has been satisfied and that all the work required by this condition has been completed. A 'suitably 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.

ENG r7

Residential underground power to each lot and street lighting must be installed prior to the sealing of the final plan.

Reason for condition 

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

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 2 on the final plan, 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.

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, by-laws, 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.

NEW SERVICE CONNECTION

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

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. 

PART 5 AGREEMENT

Please note that the owner(s) of this property are subject to Part 5 Agreement E29810 that requires the owner(s) to:

·         implement the relevant requirements of the approved Bushfire Management Plan in relation to the property;

·         implement recommendations 4-8, 10-11 and 13-18 of the Geotechnical Assessment as relevant to the property;

·         comply with the Tree Protection Plan;

·         implement the Weed Management Plan; and

·         ensure development is in accordance with the Swift Parrot Protection Guidelines.

The Bushfire Management Plan (BMP) requires this lot to be maintained as a hazard management area in accordance with the prescriptions of the BMP until developed with a dwelling. Dwellings constructed on this lot must be constructed in accordance with the specifications for BAL-12.5 under AS3959-2009 unless the civil works for stages 3 and 4 of the subdivision have been completed in which case the dwellings can be constructed to BAL-Low.

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.

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Briscoe

Thomas

Denison

Harvey

Behrakis

Dutta

Ewin

Sherlock

9.6      234 Elizabeth Street, 236-240 Elizabeth Street, 242-250 Elizabeth Street, Hobart - Archaeological Works

Ref:    Supplementary Open CPC 11, 16/09/2019

Application Expiry Date: 10 October 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for archaeological works at 234, 236­240 and 242­250 Elizabeth Street Hobart TAS 7000 for the reasons outlined in the officer’s report attached to supplementary item 11 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 PLN­19­308 ­ 234, 236­240 AND 242­ 250 ELIZABETH STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.