REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and new building for 29 Multiple Dwellings and general retail and hire, food services and business and professional services at 431 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 PLN­18­745 ­ 431 ELIZABETH STREET NORTH HOBART TAS 7000 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/01730­HCC dated 02/11/2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 8

The fence along the front south and south western boundary must be no more than 1.8m in height above natural ground level.

Reason for condition

To provide reasonable opportunity for privacy for dwellings and to maintain the streetscape.

PLN s1

Documentation confirming the proposed external design details must be retained and implemented in the final detailed design of the building. The external colours, finished and details must be submitted to and approved by Council's Director City Planning prior to the issuing of any Building permits or works on site.

All work required by this condition must be undertaken in accordance with the approved (enter type of documentation, e.g. revised plans).

Advice:

Once the (type of document) have 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 that the building responds positively to the surrounding streetscape as required by Clause 15.4 ­ Development Standards for Buildings and Works of the Hobart Interim Planning Scheme 2015.

ENG 12

A construction waste management plan must be implemented throughout construction.

A construction waste management plan must be submitted and approved, prior to commencement of work on the site. The construction waste management plan must include:

·        Provisions for commercial waste services for the handling, storage, transport and disposal of post­construction solid waste and recycle bins from the development; and

·        Provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

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

Advice:

Once the construction waste 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.

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 can also be found on the Council’s website.

Reason for condition

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

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 issue of a Certificate of Completion, 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 sw4

Stormwater drainage for the development must be drained to Council stormwater drainage infrastructure taking into account the limited receiving capacity of Council's existing stormwater drainage Infrastructure. Any new stormwater connection(s) required must be constructed and existing

redundant connections sealed by the Council at the owner’s expense, prior to issue of a Certificate of Completion, first occupation, or commencement of use, whichever occurs first.

Detailed engineering design drawings showing both the existing and proposed stormwater drainage service must be submitted and approved, prior to issue of any consent under the Building Act 2016 (excluding demolition or excavation). The detailed engineering design drawings must include:

1.     The location of the proposed connection(s) and all existing connection;

2.     The size and design of the connection(s) such that they are appropriate to adequately service the development given the limited receiving capacity of Council's stormwater drainage infrastructure ( e.g. backflow prevention, temporary stormwater storage, overflows);

3.     Longitudinal sections of the proposed connection(s) clearly showing any nearby services, cover, size, material and delineation of public and private infrastructure;and

4.     A clear distinction between public and private stormwater drainage infrastructure.

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

Advice:

Once the detailed design drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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.

Please note that once the condition endorsement has been issued you will need to contact Council's City Amenity Division to initiate an application for service connection.

Reason for condition

To ensure the site is drained adequately.

ENG sw7

Stormwater pre­ treatment from the development on site car park areas must be installed prior to issue of a Certificate of Completion, first occupancy or commencement of use, whichever occurs first.

A stormwater management report, and design must be submitted and approved, prior to issue of any consent under the Building Act 2016 (excluding demolition or excavation). The stormwater management report, and design must:

1.     be prepared by a suitably qualified engineer;

2.     Include detailed design of the proposed treatment train, including final estimations of contaminant removal; and

3.     Include a storm water management summary plan that outlines the obligations for future property owners to stormwater management, including a maintenance plan which outlines the operational and maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency, cleanout procedures, descriptions and diagram of how the installed systems operate, details of the life of assets and replacement requirements.

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

Advice:

Once the stormwater management report and design has been approved, Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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

Reason for condition

To avoid the possible pollution of drainage systems and natural watercourses, and to comply with relevant State legislation.

ENG sw8

Stormwater detention for stormwater discharges from the development must be installed prior to first occupation issue of a Certificate of Completion, first occupancy or commencement of use, whichever occurs first.

A stormwater management report and detention design must be submitted and approved by Council, prior to the issuing of any approval under the Building Act 2016 (excluding demolition or excavation). The stormwater management report and detention design must:

1.     be prepared by a suitably qualified engineer;

2.     include detailed design and supporting calculations of the detention tank, sized such that there is no increase in flows from the developed site up to 12 l/s for a worst case 5% AEP storm event. All assumptions must be clearly stated;

3.     include design drawings of the detention tank showing the layout, the inlet and outlet (including long section), the overflow mechanism;

4.     Include clarification of emptying times and outlet size; and

5.     include a stormwater management summary plan that outlines the obligations for future property owners to stormwater management, including a maintenance plan which outlines the operational and maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

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

Advice:

Once the stormwater management report and detention design has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement and the associated fees).

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

Reason for condition

To ensure that the stormwater runoff quantity is managed to take into account the limited receiving capacity of the downstream Council stormwater infrastructure.

ENG 13

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

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

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

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

Advice:

Once the waste management plan has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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

Reason for condition

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

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 superintendant, 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.

A separate construction traffic and parking management plan may be submitted for each stage of the proposed development (i.e. demolition, excavation, construction).

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), bicycle parking spaces and motorcycle parking spaces must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 and AS2890.3:2015 (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.

Reason for condition

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

ENG 3b

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area), bicycle parking spaces and motorcycle parking spaces design must be submitted and approved, prior to the issuing of any approval under the Building Act 2016 (exlcuding demolition or excavation).

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area), bicycle parking spaces and motorcycle parking spaces 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 and AS 2890.3:2015;

3.       Demonstrate safe and efficient access, and use, where the design deviates from AS/NZS2890.1:2004 or AS 2890.3:2015;

4.       Show all class 1A car parking spaces;

5.       Show the locations of all structural columns and obstructions with regard to car parking spaces and provide clearance in accordance with Figure 5.2 AS/NZS 2890.1:2004;

6.       Show signage and pavement marking;

7.       Show all bicycle parking spaces;

8.       Show pedestrian bollards for egress to/from lifts and doorways;

9.       Show jockey parking spaces are associated with the same domestic unit and are suitably marked (pavement marking or signed);

10.    Show small car parking spaces to be suitably marked (pavement marking or signed);and

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

Advice:

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, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area), bicycle parking spaces and motorcycle parking spaces must be constructed in accordance with the design drawings approved by Condition ENG 3b.

Prior to the issue of a Certificate of Completion, first occupation, commencement of use, whichever occurs first, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above drawings must be lodged with Council.

Advice:

Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement)

Reason for condition

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

ENG 4

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

Reason for condition

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

ENG 5

The number of car parking spaces approved on the site is thirty two (32), including six (6) car parking spaces in jockey configuration, unless approved otherwise by Council. All car parking spaces must be designed in accordance with Australian Standard AS/NZS 2890.1:2004 or a Council approved alternate design.

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 issue of certificate of completion, first occupation or commencement of use whichever occurs first.

Advice:

The jockey parking space is to be allocated to the same domestic unit as the parking space that prevents vehicle exit maneourve when occupied.

Reason for condition

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

ENG 6

The minimum number of bicycle parking spaces to be provided on the site is eight (8), unless approved otherwise by Council. All bicycle parking spaces must be designed in accordance with the Australian Standard AS/NZS 2890.3:2015 or a Council approved alternate design and provided prior to issue of a Certificate of Completion, first occupation, commencement of use, whichever occurs first.

Reason for condition

To ensure that bicycle parking areas are located, designed and constructed to enable safe, easy and efficient use.

ENG 7

The minimum number of motorcycle parking spaces to be provided on the site is five (5), unless approved otherwise by Council. All motorcycle parking spaces must be designed in accordance with the Australian Standard AS/NZS 2890.1:2004 or a Council approved alternate design.

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white of yellow pavement markers in accordance with Australian Standard AS/NZS 2890.1:2004, prior to issue of a Certificate of Completion, first occupation, commencement of use, whichever occurs first.

Reason for condition

To ensure that bicycle parking areas are located, designed and constructed to enable safe, easy and efficient use.

ENG 11

Prior to the issue of a Certificate of Completion, first occupation, commencement of the use, whichever occurs first, the proposed crossover to the Elizabeth Street and Commercial Road highway reservation must be designed and constructed in general accordance with:

1.      LGAT Standard Drawing ­ Urban ­ TSD­R09­v1 – Urban Roads Driveways and TSD R14­v1 Type KC vehicular crossing;

2.      LGAT Standard Drawing ­  Footpath ­ Urban Roads Footpaths TSD­R11­ v1; or

3.     A Council City Infrastructure Division approved alternate design.

Design drawings must be submitted to and approved by Council prior to the issue of any approval under the Building Act 2016 (excluding demolition or excavation). The design drawings must:

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

2.     Show the width of the driveway crossover is in accordance with AS/NZS 2890.1:2004;

3.     Detail any services or infrastructure (i.e. light pole, pits, awnings) at or near the proposed driveway crossover including any propose relocation of infrastructure;

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

5.     Show swept path templates in accordance with AS/NZS 2890.1:2004 (B85 or B99 depending on use, design template) are fully contained within the extents of the driveway crossover.

6.     Demonstrate on the drawings that a B85 vehicle or B99 vehicle 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 if the design deviates from the requirements of the TSD;

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

8.     Be prepared and certified by a suitably qualified and experience engineer, to satisfy the above requirements.

All works required by this condition must be undertaken in accordance with the approved certified drawings and at the owner's expense.

Advice:

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

It is advised that designers consider the detailed design of the crossover, access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces, as failure to do so may result in difficulty complying with this condition.

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.

Redundant crossovers are required to be reinstated under the Hobart City Council's Highways By­law.

Please contact Council City Infrastructure Division to discuss approval of alternate designs. 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. The applicant is required to 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

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

ENG 1

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

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

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

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

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

Reason for condition

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

ENG r1

The excavation and/or earth­retaining structures (ie embankments, cuttings, retaining walls) and/or footings 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 earth­retaining structures (ie embankments, cuttings, retaining walls) and/or footings supporting the Elizabeth Street and Commercial Road highway reservation must be submitted and approved, prior to the commencement of work (including demolition) and must:

1.      Be prepared and certified by a suitable qualified person 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.      Detail any mitigation measures required;

7.      Detail the design and location of the footing adjacent to the Elizabeth Street and Commercial Road Highway reservation; and

8.      The structure certificated and/or drawings should note accordingly the above.

All work required by this condition must be undertaken in accordance with the approved select design drawing and structural certificates.

Advice:

The applicant is required submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure that the stability and integrity of the Council’s highway reservation is not compromised by the development.

ENG s1

Gates and doors must not open in such a way as to encroach upon any road reservation. The entire gate and/or door (in any position) including all associated mechanisms must be fully contained within the boundaries of the subject property.

Advice:

Gates and doors that encroach upon road reservation are in contravention of section 52 of the Local Government (Highways) Act 1982.

Reason for condition

For the safety of all road reservation users.

ENG s2

All stairs or ramps associated with pedestrian access to the development must be fully contained within the boundaries of the subject property and not encroach upon any road reservation.

Advice:

Any adjustment to footpath levels necessary to suit the design of any proposed stairs or ramps will require separate agreement from Council's Road Services Engineer and may require further planning approvals.  It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.

Reason for condition

For the safety of all road reservation users.

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.

ENVHE 1

Recommendations in the report by GES (Geo­Environmental Solutions) Site Assessment V3, dated July 2019 must be implemented, for the duration of the development.

Reason for condition:

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

ENVHE 2

A Soil, Water and Gas Management Plan prepared by a suitably qualified and experienced person/company in accordance with the procedures and practices detailed in the Environmental Management And Pollution Control (Waste Management) Regulations 2010 & EPA Information Bulletin 105, must be submitted to council prior to commencement of work. The report must include:

Identification, management, transport & disposal of any potentially contaminated soils, waters, and gasses, to prevent off­site transfer of potentially­contaminated soil or stormwater. Whether any specific remediation and/or protection measures are required to ensure proposed excavation does not adversely impact human health or the environment before excavation commences. Protective/safety measures for the public, workers and environment during redevelopment of the site. Identification of contamination plumes that may have spread from/left the site prior to development commencing. An on­going remediation or management plan for contamination (soil, water, leachates, gas) that could not, or was not removed, remediated during the site development. The remediation management plan should identify and incorporate contamination plumes that may have spread from/left the site prior to development commencing.

Reason for condition

To determine the level of site contamination, to manage stockpiles, transport and disposal of identified contaminants ­ to identify any recommended remediation/management practices/safeguards which need to be followed/put in place during any excavations/ground disturbance on and/or for use/future use of the site and surrounds, to provide for a safe living environment.

ENVHE 3

A Decommissioning Assessment Report, prepared by a suitably qualified and experienced person/company, and in accordance with the procedures and practices detailed in the Environmental Management and Control (Underground Petroleum Storage Systems) Regulations 2010 and other appropriate Legislation, Standards and Guidelines must be provided prior to commencement of work. The report must satisfy the specific requirements of the EPA Contaminated Sites Unit and Workplace Standards Tasmania.

Advice:

The EPA Contaminated Sites Unit and Workplace Standards Tasmania have requirements in relation to the decommissioning and/or removal of underground petroleum storage systems and should be contacted prior to Building Permit application submission. The same Report/information required by the EPA and Workplace Standards may be submitted to Council as a part of the Building Application. Certified Environmental Practitioners that may prepare the Decommissioning Assessment Report may be located at: https://www.cenvp.org/directory/

Reason for condition:

To ensure the safe and compliant decommissioning of underground petroleum storage systems.

ENVHE 4

A Construction Management Plan (CMP) written by a suitably qualified person/company, in accordance with the Recommendations of the GES (Geo­ Environmental Solutions) Site Assessment V3, dated July 2019, must be implemented throughout the construction works.

A construction management plan must be submitted and approved prior to the issuing of any building permit under the Building Act 2016. The plan must include but is not limited to the following:

1.      Identification, management and transport/disposal of any potentially waste and asbestos;

2.      Proposed hours of work (including volume and timing of heavy vehicles entering and leaving the site, and works undertaken on site);

3.      Proposed hours of construction;

4.      Identification of potentially noisy construction phases, such as operation of rock­ breakers, explosives or pile drivers, and proposed means to minimise impact on the amenity of neighbouring buildings;

5.      Control of dust and emissions during working hours;

6.      Proposed screening of the site and vehicular access points during work; and

7.      Procedures for washing down vehicles, to prevent soil and debris being carried onto the street.

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

Advice:

Once the construction 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 minimal impact on the amenity of adjoining properties and members of the public during the construction period.

ENVHE s3

Documentation demonstrating compliance with the recommendations of the Phase II Environmental Site Assessment ­ V3 (Dated July 2019) Prepared by GES must be submitted and approved, prior to commencement of work.

A certified Contamination Management Plan and a certified Soil and Water Management Plan prepared by a suitably qualified Environmental Consultant to satisfy the above requirements, must be provided to the Council prior to the commencement of work.

All works, required by this condition must be undertaken in accordance with the certified Contamination Management Plan and a Soil and Water Management Plan prepared by a suitably qualified Environmental Consultant.

Reason for condition

To ensure that the works is carried out to the satisfaction of the Council.

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 of (ie retaining wall, anchors, building) adjacent to the Elizabeth Street and Commercial Road 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 Elizabeth Street and Commercial Road highway reservation or any retaining structure adjacent to the Elizabeth Street and Commercial Road 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.

Note: For further information with respect to the preparation of a part 5 agreement please contact Council Development Engineering Staff on (03) 6238 2715.

Reason for condition

To ensure the protection of Council are retained.

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 or special event. Click here for more information.

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

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

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

NEW SERVICE CONNECTION

Please contact the Hobart City Council's City Amenity 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.

STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN

The design of structures (including footings) must provide protection for the Council’s infrastructure. For information regarding appropriate designs please contact the Council's City Infrastructure Division.

WORK WITHIN THE HIGHWAY RESERVATION

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

CBD AND HIGH VOLUME FOOTPATH CLOSURES

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

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

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

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

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

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

REDUNDANT CROSSOVERS

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

ACCESS

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

CROSS OVER CONSTRUCTION

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

STORM WATER / ROADS / ACCESS

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

WORK PLACE HEALTH AND SAFETY

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

PROTECTING THE ENVIRONMENT

In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click here for more information.

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.

RESIDENTIAL PARKING PERMITS ELIGIBILITY

It is advised that this development will not be eligible for residential parking permits for on­street parking

.

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations and extension at 21 Gregory Street, Sandy Bay TAS 7005 for the following reasons:

1.   The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.7.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the incompatible bulk, form, siting, fenestration, materials and colours would cause loss of the historic cultural heritage significance of the place.

2.   The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.7.2 A2 and P2 of the Hobart Interim Planning Scheme 2015 because the development is not designed to be subservient or complimentary to the heritage place.

3.   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 the materials, built form and fenestration do not respond to the dominant heritage characteristics of the place.

4.   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 proposed extension to the existing building would detract from the historic cultural heritage significance of the heritage place.

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, extension and alterations at 31­31A and 33

New Town Road New Town for the following reasons:

1       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 the proposed demolition results in the loss of significant fabric and form that contributes to the historic cultural significance of the place, and there are prudent or feasible alternatives to the proposed demolition.

2       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 the proposed development results in the loss of historic cultural significance to the place through incompatible design, including in bulk, form, fenestration, and siting.

3       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.7.2 A2 and P2 of the Hobart Interim Planning Scheme 2015 because the development is not designed to be subservient and complementary to the place through characteristics including: (a) scale and bulk, materials, built form and fenestration; (b) setback from frontage; (c) siting with respect to buildings, structures and listed elements; (d) using less dominant materials and colours.

4       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 the materials, built form and fenestration do not respond to the dominant heritage characteristics of the place.

5       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 significance of the place.

6       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 proposed demolition results in the loss of buildings or works that contribute to the historic cultural heritage significance of the precinct and there are prudent or feasible alternatives.

7       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 proposed building and works results in detriment to the historic cultural significance Heritage Precinct North Hobart 2 as listed in Table E.13.2.

8       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E.13.8.2 A3 and P3 of the Hobart Interim Planning Scheme 2015 because the extension detracts from the historic cultural heritage significance of Heritage Precinct North Hobart 2.