Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 5

14/10/2019

City Planning Committee Meeting (Open Portion) held Monday, 14 October 2019 at 5:00 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Deputy Lord Mayor Burnet (Chairman)

Briscoe

Denison

Harvey

Behrakis

NON-MEMBERS

Lord Mayor Reynolds

Zucco

Sexton

Thomas

Dutta

Ewin

Sherlock

Apologies:

Leave of Absence: Nil.

1. Co-Option of a Committee Member in the event of a vacancy

2. Confirmation of Minutes

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 30 September 2019, are submitted for confirming as an accurate record.

3. Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

Recommendation

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.

4. Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

Members of the Committee are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.

5. Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

A committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

6. Planning Authority Items - Consideration of Items With Deputations

In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the General Manager is to arrange the agenda so that the planning authority items are sequential.

In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.

Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.

RECOMMENDATION

That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.

Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 231

14/10/2019

7.1.3 11 Denison Street, South Hobart - Partial Demolition, Extension, Alterations and Fencing

PLN-19-567 - FILE REF: F19/132180

Address: 11 Denison Street, South Hobart

Proposal: Partial Demolition, Extension, Alterations and Fencing

Expiry Date: 21 October 2019

Extension of Time: Not applicable

Author: Richard Bacon

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a partial demolition, extension, alterations and fencing at 11 Denison Street, South Hobart TAS 7004 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 PLN19567 11 DENISON STREET SOUTH HOBART TAS 7004 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).

Advice: Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.

Reason for condition

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

ENG 2a

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

Advice:

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

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

Reason for condition

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

ENG 2b

Prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first), a certified vehicle barrier design (including site plan with proposed location(s) of installation) prepared by a suitably qualified engineer, compliant with Australian Standard AS/NZS1170.1:2002, must be submitted to Council.

Advice:

If the development's building approval includes the need for a building permit from the 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 commencement of use, 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 3a

The access driveway 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 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 commencement of use.

Reason for condition

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

ENG 1

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.

ENGR 3

Prior to the commencement of use, the proposed driveway crossover within the Hennebry Street highway reservation must be designed and constructed in accordance with:

· Urban TSDR09v1 – Urban Roads Driveways and TSD R14v1 Type KC vehicular crossing;

· Nonstandard K&C a concrete plinth to Councils standards shall be constructed at the gutter, contact Council’s Road Services Engineer for details ;

· Footpath Urban Roads Footpaths TSDR11v1.

Design drawings must be submitted and approved prior to the commencement of work. The design drawing must:

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

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

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

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

5. Show the existing redundant crossover within the Hennebry Street highway reservation reinstated to footpath, kerb and gutter in general accordance with LGAT Standard Drawing Urban TSDR09v1 – Urban Roads Driveways and TSD R14v1 Kerb and Channel Profiles, LGAT Standard Drawing Footpath Urban Roads Footpaths TSDR11v1 or a Council City Infrastructure Division approved alternate design.

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

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

Advice:

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 nonapproved concrete slab crossover, and where nonstandard kerb and channel exists a concrete plinth to Council standards may be permitted for construction at the gutter.

Grated wedge, asphalt wedge and the standard open wedge driveway crossover may be considered. A drawing of a standard concrete plinth can be obtained from Council's Road Services Engineer. Note that the agreement of Council is required to adjust footpath levels.

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 the 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.

ENG s1

Any fencing within 2.0 metres of the driveway entrance (3.5m wide) must be less than or equal to 1.2m in height in order to provide adequate sight distance between user vehicles, cyclists and pedestrians.

Reason for condition

To ensure the safety of vehicles entering and leaving the development and of pedestrians and traffic in the vicinity.

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 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 or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

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

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

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.

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.

REDUNDANT CROSSOVERS

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

ACCESS

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

CROSS OVER CONSTRUCTION

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

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-19-567 - 11 DENISON STREET SOUTH HOBART TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-567 - 11 DENISON STREET SOUTH HOBART TAS 7004 - CPC Agenda Documents ⇩

Attachment c: PLN-19-567 - 11 DENISON STREET SOUTH HOBART TAS 7004 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 298

14/10/2019

7.1.4 346-352 Elizabeth Street, North Hobart - Signage

PLN-19-518 - FILE REF: F19/132942

Address: 346-352 Elizabeth Street, North Hobart

Proposal: Signage

Expiry Date: 12 November 2019

Extension of Time: Not applicable

Author: Tristian Widdowson

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for signage at 346 352 Elizabeth 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/or development must be substantially in accordance with the documents and drawings that comprise PLN19518 346352 ELIZABETH STREET NORTH HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 10

The awning fascia signage on the Burnett Place frontage must not be illuminated.

Reason for condition

To clarify the scope of the permit.

PLN 11

The 'Real Brands! Real Savings!' and the 'Stop Paying Too Much!' window signs on the Burnett Place frontage must be reduced in size so as to obscure a maximum of 20% of the window they are applied to.

Prior to the installation of the signs, revised plans must be submitted and approved showing the signs in accordance with the above requirement.

Reason for condition

To ensure that the design and siting of signs complement or enhance the characteristics of the natural and built environment in which they are located.

PLN 12

All yellow film proposed for the Burnett Place frontage of the tenancy must be transparent (ie. seethrough) to the satisfaction of the Director City Planning, rather than being obscure.

Prior to its installation, details of the product and a sample complying with this condition to the satisfaction of the Director City Planning must be submitted and approved.

Once the product is approved, the Burnett Place frontage must be maintained in compliance with this condition.

Reason for condition

To ensure that the level of transparency is to the satisfaction of the Council.

HER 5

The painting as proposed across the full width of the Elizabeth Street facade is not approved.

A new colour tone which is visually recessive and not closely associated with the corporate entity to the satisfaction of the Director City Planning must be used.

Prior to the painting of the facade, details of a revised colour tone in accordance with the above requirement must be submitted and approved by the Director City Planning.

Once approved, the Elizabeth Street facade must be maintained in compliance with this condition.

Reason for condition

To ensure the size, design and siting of signs and colour schemes complement and do not impact on the cultural heritage significance of select relevant places or precincts, listed in the Historic Heritage code.

Advice: To initiate satisfying this condition, the City of Hobart's Cultural Heritage Officer can be contacted on 6238 2715.

ADVICE

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016. Click here for more information.

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

OCCUPATION OF THE PUBLIC HIGHWAY

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

FEES AND CHARGES

Click here for information on the Council's fees and charges.

Attachment a: PLN-19-518 - 346-352 ELIZABETH STREET NORTH HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-518 - 346-352 ELIZABETH STREET NORTH HOBART TAS 7000 - CPC Agenda Documents ⇩

Item No. 7.1.5

Agenda (Open Portion)

City Planning Committee Meeting

Page 334

14/10/2019

7.1.5 2 Davies Avenue, Hobart - Partial Demolition, Alterations and Extension

PLN-19-446 - FILE REF: F19/133323

Address: 2 Davies Avenue, Hobart

Proposal: Partial Demolition, Alterations and Extension

Expiry Date: 10 November 2019

Extension of Time: Not applicable

Author: Tristan Widdowson

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extension at 2 Davies Avenue Hobart, Queens Domain 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 PLN19446 2 DAVIES AVENUE HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

HER 8

Documentation must be submitted demonstrating that work will be undertaken in a manner that will retain in situ and reuse heritage fabric.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the in situ retention and reuse of heritage fabric in accordance with the above requirement.

The plans must include the retention in situ or reuse of the following heritage fabric:

· weatherboards

· windows

· doors including door furniture

· skirting boards and architraves

· any other joinery items

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

Reason for condition

To ensure that demolition in whole or part of a place within the cultural landscape precinct does not result in the loss of historic cultural heritage values unless there are exceptional circumstance.

ADVICE

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016. Click here for more information.

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

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.

Attachment a: PLN-19-446 - 2 DAVIES AVENUE HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-19-446 2 DAVIES AVENUE HOBART TAS 7000 - CPC Agenda Documents ⇩

Item No. 10.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 409

14/10/2019

Memorandum: Lord Mayor

Deputy Lord Mayor

Elected Members

Response to Question Without Notice

Significant Tree Register Objections

Meeting: City Planning Committee

Meeting date: 12 August 2019

Raised by: Alderman Briscoe

Question:

Could the Director please advise how many trees of those that were nominated for inclusion on the Significant Tree Register since inception, have been objected by the owners to have the trees listed on the register?

Response:

The following summary identifies the number of objections to nominated trees during each nomination round:

2006 (amendment 1-2006)

· 49 total nominations.

· 4 owners opposed trees being listed on their land during informal consultation.

· Of those opposed, 2 of the trees were still recommended for listing by the assessment panel.

· Council resolved to remove these 2 trees from the amendment.

· Council also required owners of the remaining trees located on private property to be contacted to confirm they were willing to have their tree listed.

· Following this notification, 3 additional owners advised they did not wish to have their tree listed, and Council determined to remove these trees from the amendment.

· Council determined to reintroduce 1 tree into the amendment as the owner advised they did not in fact object to the listing. This tree was one of those removed from the amendment by Council due to concerns stated after the initial informal consultation.

· No objections were received during the statutory advertising period.

2008 (amendment 1-2008)

· 23 total nominations.

· 4 owners opposed trees being listed on their land during informal consultation.

· Of those opposed, 2 of the trees were considered to meet the assessment criteria.

· Given the previous Council decision not to list trees that owners objected to, these 2 trees were not put forward for listing despite them meeting assessment criteria.

· No objections were received during the formal advertising period.

2011 (amendment 3-2011)

· 77 total nominations.

· 17 owners opposed trees being listed on their land during informal consultation.

· Of those opposed, 2 of the trees were considered to meet the assessment criteria.

· These two trees were recommended for listing despite the opposition, which was accepted by Council.

· 3 representations were received during the formal advertising period.

· None of the formal representations were from landowners. 2 were from neighbours opposing a listing and 1 was from a neighbour with concerns but not outright opposition.

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.

Neil Noye

Director City Planning

Sarah Crawford

Development Planner

Date: 8 October 2019

File Reference: F19/118249; 13-1-10

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